### this directive respects the fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to protection of personal data , the principle of equality before the law and the general prohibition of discrimination . this directive should be implemented in accordance with these rights and principles . ### this directive respects the fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the right to protection of personal data , including judicial and administrative redress , the principle of equality before the law , the right to a fair trial and the presumption of innocence , and the general prohibition of discrimination . this directive should be implemented in accordance with these rights and principles and the principles of proportionality and necessity .


### ‘ article 1 subject matter this framework decision defines the ways in which a convicting member state shares information on convictions with other member states ; defines storage obligations for the convicting member state , and specifies the methods to be followed when replying to a request for information extracted from criminal records ; establishes a decentralised information technology system for the exchange of information on convictions based on the criminal records databases in each member state , the european criminal record information system . ' ; ### ‘ article 1 subject matter this framework decision defines the ways and conditions under which a convicting member state shares information on convictions with other member states ; defines storage and privacy obligations for the convicting member state , and specifies the methods to be followed when replying to a request for information extracted from criminal records ; defines storage obligations for the member state of the person ' s nationality and specifies the methods to be followed when replying to a request for information extracted from criminal records ; establishes a decentralised information technology system for the exchange of information on convictions based on the criminal records databases in each member state , the european criminal record information system . ' ;


### ' 1 . each member state shall take the necessary measures to ensure that when convictions handed down within its territory are entered into its criminal records , information on the nationality or nationalities of the convicted person is included if the person is a national of another member state or a third country national . ' ; ### ' 1 . each member state shall take all necessary measures to ensure that when convictions are handed down within its territory , they are entered into its criminal records database , and that information on the nationality or nationalities of the convicted person is included if the person is a national of another member state or a third country national . ' ;


### ' 2 . the central authority shall create an index - filter containing anonymised information of the types referred to in points , , , and of paragraph 1 concerning third country nationals convicted in its member state . the central authority shall transmit this index - filter and any updates to it , to all member states . ' ; ### ' 2 . the central authority shall create an index - filter containing pseudonymised information of the types referred to in points , , , and of paragraph 1 concerning third country nationals convicted in its member state . the central authority shall transmit this index - filter and any updates to it , to all member states . ' ;


### any alteration or deletion of the information referred to in paragraph 1 shall immediately entail identical alteration or deletion of the information stored in accordance with paragraph 1 and contained in the index - filter created in accordance with paragraph 2 by the central authority of the convicting member state . ### any alteration or deletion of the information referred to in paragraph 1 shall immediately entail identical alteration or deletion of the information stored in accordance with paragraph 1 and contained in the index - filter created in accordance with paragraph 2 by the central authority of the convicting member state and shall entail updating the information contained in the index - filter stored in all other member states .


### ' ' 4 . if the mode of transmission referred to in paragraph 3 is not available and for as long as it is not available , central authorities of member states shall transmit all information referred to in paragraph 3 , with the exception of the index - filter referred to in article 4a , by any means capable of producing a written record under conditions allowing the central authority of the receiving member state to establish the authenticity thereof . ' ' ### ' ' 4 . if the mode of transmission referred to in paragraph 3 is not available and for as long as it is not available , central authorities of member states shall transmit all information referred to in paragraph 3 , with the exception of the index - filter referred to in article 4a , by any secure means capable of producing a written record under conditions allowing the central authority of the receiving member state to establish the authenticity thereof , shall inform the commission of this and shall make all attempts to rectify the situation as soon as possible . ' '


### ' ' ecris shall ensure the confidentiality and integrity of criminal record information transmitted to other member states . ' ' ### ' ' ecris shall ensure the confidentiality , protection , privacy and integrity of criminal record information transmitted to other member states . ' ' ;


### ' ' 4 . the software and databases storing , sending and receiving information extracted from criminal records shall operate under the responsibility of the member state concerned . ' ' ### ' ' 4 . the software and databases storing , sending and receiving information extracted from criminal records shall operate under the responsibility of the member state and the competent authorities concerned . ' ' ;


### ' ' 6 . the commission shall provide the software referred to in paragraph 1 , general support and technical assistance , including the collection and drawing up of statistics . ' ' ### ' ' 6 . the commission shall provide the appropriate and most effective software referred to in paragraph 1 , general support and technical assistance , including the collection and drawing up of statistics . ' '


### investment projects receiving substantial union support , notably in the area of infrastructure , should be subject to sustainability proofing in accordance with guidance that should be developed by the commission in cooperation with implementing partners under the investeu programme and , using in an appropriate way the criteria established by [ regulation on establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable and coherently with the guidance developed for other programmes of the union . such guidance should include adequate provisions to avoid undue administrative burden . ### investment projects receiving substantial union support , notably in the area of infrastructure , should be subject to sustainability and accessibility proofing in accordance with guidance that should be developed by the commission in cooperation with implementing partners under the investeu programme and , using in an appropriate way the criteria established by [ regulation on establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable and coherently with the guidance developed for other programmes of the union . such guidance should include adequate provisions to avoid undue administrative burden .


### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation is still inadequate . the resulting underinvestment in research and innovation is damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders , in particular to allow the upscaling of and deployment of solutions at a commercial scale in the union , in order to make such solutions competitive on world markets . ### whereas the level of overall investment in the union is increasing , investment in higher - risk activities such as research and innovation , in particular with regards to risk capital of innovative smes is still inadequate . the resulting underinvestment in research and innovation is damaging to the industrial and economic competitiveness of the union and the quality of life of its citizens . the investeu fund should provide the appropriate financial products to cover different stages in the innovation cycle and a wide range of stakeholders , in particular young entrepreneurs , in particular to allow the upscaling of and deployment of solutions at a commercial scale in the union , in order to make such solutions competitive on world markets .


### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . __________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 . ### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance and new social economy business models . the investeu programme should strengthen nascent market eco - systems , increasing the supply of and access to finance to micro - and social enterprises . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . __________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 .


### the eib and the eif should ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 . ### the eib and the eif should ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 . the information on efsi support should be prominently placed in the financing agreement , particularly in the case of smes , so as to increase the visibility of the efsi as a union initiative .


### it shall also support the preparation of climate action and circular economy projects or components thereof , in particular in the context of cop21 , the preparation of projects in the digital sector , as well as the preparation of projects referred to in the fifth subparagraph of article 5 . ### it shall also support the preparation of climate action and circular economy projects or components thereof , in particular in the context of cop21 , the preparation of projects in research and innovation , such as in the digital and telecommunications sectors , as well as the preparation of projects referred to in the fifth subparagraph of article 5 .


### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement . the union ' s commitment to economy - wide emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 . ### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement . the union ' s commitment to economy - wide emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 without , however , establishing any clear framework provisions for responding to climate change and its disastrous consequences .


### the transition to clean energy requires changes in investment behaviour and incentives across the entire policy spectrum . it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this requires continuation of ambitious climate action with this regulation and progress on the other aspects of energy union as set out in the framework strategy for a resilient energy union with a forward - looking climate change policy16 . __________________ 16 com80 ### the transition to clean energy requires changes in investment behaviour and incentives across the entire policy spectrum . it should be a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this requires ambitious climate action and progress on the other aspects of energy union as set out in the framework strategy for a resilient energy union with a forward - looking climate change policy16 . __________________ 16 com80


### the european environment agency aims to support sustainable development and to help achieve significant and measurable improvement in europe’s environment by providing timely , targeted , relevant and reliable information to policy - makers , public institutions and the public . the european environment agency should assist the commission , as appropriate in accordance with its annual work programme . ### the european environment agency aims to support sustainable development and to help achieve significant and measurable improvement in europe’s environment by providing timely , targeted , relevant and reliable information to policy - makers , public institutions and the public . the european environment agency should assist the commission , as appropriate in accordance with its annual work programme and contribute directly and effectively to coping with climate change .


### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . ### this regulation should be reviewed as of 2024 and every 3 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is therefore to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats also include braille , large print , adapted e - books , audio books and radio broadcasts .


### the mandatory exception should also limit the right of reproduction so as to allow for any act that is necessary in order to make changes to or convert or adapt a work or other subject - matter in such a way as to produce an accessible format copy . this includes providing the necessary means to navigate information in an accessible format copy . ### the mandatory exception should also limit the right of reproduction so as to allow for any act that is necessary in order to make changes to or convert or adapt a work or other subject - matter in such a way as to produce an accessible format copy . this also includes providing the necessary means to navigate information in an accessible format copy .


### the exception should allow authorised entities to make and disseminate online and offline within the union accessible format copies of works or other subject - matter covered by this directive . ### the exception should allow authorised entities to make and disseminate online and offline within the union accessible format copies of works or other subject - matter covered by this directive and in line with relevant existing union laws .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should be allowed to impose additional requirements only where these are consistent with the objectives of the directive and justified in light of the three - step test . otherwise , such additional requirements would run the risk of going against the purpose of the exceptions provided for by this directive , and counter to the objective of facilitating the cross - border exchange of accessible format copies within the single market ;


### ‘ accessible format copy’ means a copy of a work or other subject - matter in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ; ### ' accessible format copy ' means a copy of a work or other subject - matter , presented on a non - profit basis in an alternative manner or form that gives a beneficiary person access to the work or other subject - matter , including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2 ;


### ‘ authorised entity’ means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions . ### ‘ authorised entity’ means an entity that is authorised or recognised by the member state in which it is established to provide education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis . it also includes a government institution or non - profit organisation that provides the same services to beneficiary persons as one of its primary activities or institutional obligations .


### a beneficiary person , or a person acting on their behalf , to make an accessible format copy of a work or other subject - matter for the exclusive use of the beneficiary person ; and ### a beneficiary person , or a person lawfully acting regularly and / or directly&#160 ; on their behalf , to make an accessible format copy of a work or other subject - matter available for the exclusive use of the beneficiary person ; and


### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment on whether an amendment of the scope of this directive should be considered . ### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment - taking into account technological developments and particularly the technologies available to help people with disabilities , and the accessibility of those technologies - on whether an amendment of the scope of this directive should be considered .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive ### by [ five years after the date of transposition ] , the commission – taking also into account technological developments in the context of accessibility – shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . the commission ' s report shall take into account the viewpoints of relevant civil society actors , non - governmental organisations and social partners , including organisations of and by persons with disabilities and those representing older persons .


### the pnr data collected in accordance with this directive may be processed only for the following purposes : ### the pnr data collected in accordance with this directive may be processed only for the purposes of prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime in accordance with article 4 :


### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities , independence and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board .


### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , where appropriate , at an early stage and in an open and transparent manner . ### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult a broad range of stakeholders , where appropriate , at an early stage and in an open and transparent manner .


### when consulted on the appointment of the head of secretariat of the esrb in accordance with article 3 of council regulation no 1096 / 2010* , the general board , following an open and transparent procedure , shall assess whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board shall inform the european parliament and the council about the consultation procedure . ### when consulted on the appointment of the head of secretariat of the esrb in accordance with article 3 of council regulation no 1096 / 2010* , the general board , following an open and transparent procedure , shall assess whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities , independence and experience necessary to manage the esrb secretariat . the general board shall inform the european parliament and the council about the consultation procedure .


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 3 month period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . member states shall adopt measures for a maximum of five years and shall review them when the gmo authorisation is renewed .


### the potential costs of litigation may play a role in the claimant ' s decision to consider court action . among other costs , court fees may discourage claimants from taking court action , in particular in those member states where court fees are disproportionate . the court fees should be proportionate to the value of the claim in order to ensure access to justice for cross - border small claims . this regulation does not aim at harmonising court fees ; instead , it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants , while at the same time allowing member states wide discretion in choosing the method of calculation and the amount of court fees . ### the potential costs of litigation are one of the basic factors influencing the claimant’s decision to consider court action . among other costs , court fees may discourage claimants from taking court action , in particular in those member states where court fees are disproportionate . the court fees should be proportionate to the value of the claim in order to ensure access to justice for cross - border small claims . this regulation does not aim at harmonising court fees ; instead , it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants , while at the same time allowing member states wide discretion in choosing the method of calculation and the amount of court fees .


### the potential costs of litigation may play a role in the claimant ' s decision to consider court action . among other costs , court fees may discourage claimants from taking court action , in particular in those member states where court fees are disproportionate . the court fees should be proportionate to the value of the claim in order to ensure access to justice for cross - border small claims . this regulation does not aim at harmonising court fees ; instead , it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants , while at the same time allowing member states wide discretion in choosing the method of calculation and the amount of court fees . ### the potential costs of litigation may play a role in the claimant ' s decision to consider court action . among other costs , court fees may discourage claimants from taking court action , in particular in those member states where court fees are disproportionate . the court fees should be established at a level which does not exceed the fees charged for equivalent procedures which are domestic in nature . fees charged at an equal or lower level will encourage use of the european small claims procedure , in part by positioning it as a cost effective and comparable instrument to more familiar domestic procedures . in member states where domestic procedures do not exist , court fees should be established at a level which is not disproportionate to the value of the claim .


### the payment of court fees should not require the claimant to travel or hire a lawyer for this purpose . as a minimum , bank transfers and credit or debit card on - line payment systems should be accepted by all courts and tribunals with jurisdiction in european small claims procedures . ### the payment of court fees should not require the claimant to travel or hire a lawyer for this purpose . as a minimum , bank transfers , credit or debit card on - line payment systems or other types of distance payment methods should be accepted by all courts and tribunals with jurisdiction in european small claims procedures .


### an oral hearing shall be held through videoconference , teleconference or other appropriate distance communication technology in accordance with council regulation no 1206 / 2001 where the party to be heard is domiciled in a member state other than the member state of the court or tribunal with jurisdiction . ### where an oral hearing is held , it shall be executed by making use of any appropriate distance communication technology , such as videoconference where such technology is available to the court or tribunal with jurisdiction .


### the documents mentioned in article 5 and 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically . service by electronic means can be attested by an automatic confirmation of delivery . ### the documents mentioned in article 6 and a judgment given in accordance with article 7 shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt . documents shall be served by postal service or by electronic means where such means are technically available and admissible under the procedural rules of the member state in which the european small claims procedure is conducted or , in the event that the two member states are different , of the member state in which the addressee is domiciled or habitually resident ; and where the party to be served has expressly accepted in advance that documents may be served on him by electronic means or is , in accordance with the procedural rules of the member state in which the addressee is domiciled or habitually resident , under a legal obligation to accept that specific method of service . the service shall be attested by an acknowledgement of receipt including the date of receipt .


### the court fee charged for a european small claims procedure shall not exceed 10% of the value of the claim , excluding all interest , expenses and disbursements . if member states charge a minimum court fee for a european small claims procedure , that fee shall not exceed eur 35 at the time when the claim form is received by the court or tribunal with jurisdiction . ### the court fee charged for a european small claims procedure shall not exceed the court fee charged for an equivalent domestic small claims procedure in the member state concerned .


### the member states shall ensure that the parties can pay the court fees by means of distance payment methods , including bank transfer and credit or debit card on - line payment system . ### the member states shall ensure that the parties can pay the court fees by one or more means of distance payment methods , including , but not limited to , bank transfer and credit or debit card on - line payment system .


### by [ 5 years after the date of application ] , the commission shall present to the european parliament , the council and the european economic and social committee a report on the operation of this regulation . the report shall be accompanied , if appropriate , by legislative proposals . ### by [ 5 years after the date of application ] , the commission shall present to the european parliament , the council and the european economic and social committee a report on the operation of this regulation . the report shall be accompanied , if appropriate , by legislative proposals . an interim report shall be prepared after [ 2 years after the date of application ] which shall examine dissemination of information about the european small claims procedure in the member states , and may produce recommendations related to improving the publicity of this instrument .


### this directive should not affect national laws to the extent that the topics concerned are not regulated by this directive , such as national rules providing for obligations of the consumer towards the supplier of digital content or regulating the qualification , formation and validity of contracts or the legality of the content . member states should also remain free to provide rules for the detailed conditions for the exercise of rights , such as the right to damages to the extent not covered by the directive , or rules which provide for the consequences of termination of the contract which apply in addition to restitution rules regulated by this directive . ### this directive should not affect national laws , such as national rules providing for obligations of the consumer towards the supplier of digital content or regulating the qualification , formation and validity of contracts or the legality of the content . member states should also remain free to provide rules for the detailed conditions for the exercise of rights , such as the right to damages to the extent not covered by the directive , or rules which provide for the consequences of termination of the contract which apply in addition to restitution rules regulated by this directive .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across all categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council30 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods .


### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content in question . ### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market , diversifying consumer choice and encouraging innovation . defects of the performance features of the digital content supplied free of charge may , in some circumstances , have an impact on the economic interests of consumers , however remedies should not be the same as for paid content .


### this directive should not deal with copyright and other intellectual property related aspects of the supply of digital content . therefore it should be without prejudice to any rights and obligations according to copyright law and other intellectual property laws . ### this directive should be implemented with due regard for rights and obligations under copyright law and other intellectual property laws .


### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . as recognised by the digital single market strategy a high level of network and information security is essential across the european union to ensure respect of fundamental rights such as the right to privacy and personal data , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed , to the extent that is proportionate to the role and function those technologies play . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains . ### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . a high level of network and information security is essential across the european union to ensure respect of fundamental rights such as the right to privacy and personal data , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed , to the extent that is proportionate to the role and function those technologies play . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains .


### many types of digital content are supplied over a period of time . for instance , consumers access cloud services over a period of time . it is therefore important to ensure that the digital content is in conformity with the contract throughout the duration of the contract . moreover , given the frequent improvement of digital content , notably by updates , the version of digital content supplied to the consumer should be the most recent one available at the time of the conclusion of the contract . ### many types of digital content are supplied over a period of time . for instance , consumers access cloud services over a period of time . it is therefore necessary to ensure that the digital content is in conformity with the contract throughout the duration of the contract . moreover , given the frequent improvement of digital content , notably by updates , the version of digital content supplied to the consumer should be the most recent one available at the time of the conclusion of the contract .


### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content . moreover , given that digital content may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period . ### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content . moreover , given that digital content may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period . however , the supplier should not be liable for faulty digital content that is the result of issues falling beyond the control of the supplier , such as device incompatibility or poor internet connection .


### upon termination the supplier should also refrain from using the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it . ### upon termination the supplier should also refrain from using the personal data and data and content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it .


### at union level , reports by whistleblowers are one upstream component of enforcement of union law : they feed national and union enforcement systems with information leading to effective detection , investigation and prosecution of breaches of union law . ### at union level , reports by whistleblowers are one upstream component of enforcement of union law : they feed national and union enforcement systems with information often leading to effective detection , investigation and prosecution of breaches of union law .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by effectively ensuring real protection for whistleblowers from retaliation and introducing more effective reporting channels .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose such breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum standards ensuring effective whistleblower protection should only apply in those acts , policy areas and member states where there is evidence that i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### stricter common standards ensuring effective whistleblower protection should , however , apply , particularly in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest .


### whistleblower protection is necessary to enhance the enforcement of union law on public procurement . in addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the eu budget , including procurement , it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market . ### whistleblower protection is necessary to enhance the enforcement of union law on public procurement . in addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the eu budget , including procurement , it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market . attention must also be paid to protecting those reporting misuse or misconduct regarding the eu budget and eu institutions .


### whistleblower protection is necessary to enhance the enforcement of union law on public procurement . in addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the eu budget , including procurement , it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market . ### whistleblower protection is imperative to enhance the enforcement of union law on public procurement . in addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the eu budget , including procurement , it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods , works and services . breaches of such rules create distortions of competition , increase costs for doing business , violate the interests of investors and shareholders and , overall , lower attractiveness for investment and create an uneven level playing field for all businesses across europe , thus affecting the proper functioning of the internal market .


### in the area of financial services , the added value of whistleblower protection was already acknowledged by the union legislator . in the aftermath of the financial crisis , which exposed serious shortcomings in the enforcement of the relevant rules , measures for the protection of whistleblowers were introduced in a significant number of legislative instruments in this area34 . in particular , in the context of the prudential framework applicable to credit institutions and investment firms , directive 2013 / 36 / eu35 provides for protection of whistleblowers , which extends also to regulation no 575 / 2013 on prudential requirements for credit institutions and investment firms . _________________ 34 communication of 8 . 12 . 2010 ' reinforcing sanctioning regimes in the financial services sector ' . 35 directive 2013 / 36 / eu of the european parliament and of the council of 26 june 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms , amending directive 2002 / 87 / ec and repealing directives 2006 / 48 / ec and 2006 / 49 / ec . ### in the area of financial services , the added value of sectoral whistleblower protection was already acknowledged by the union legislator . in the aftermath of the financial crisis , which exposed serious shortcomings in the enforcement of the relevant rules , measures for the protection of whistleblowers were introduced in a significant number of legislative instruments in this area34 . in particular , in the context of the prudential framework applicable to credit institutions and investment firms , directive 2013 / 36 / eu35 provides for protection of whistleblowers , which extends also to regulation no 575 / 2013 on prudential requirements for credit institutions and investment firms . _________________ 34 communication of 8 . 12 . 2010 ' reinforcing sanctioning regimes in the financial services sector ' . 35 directive 2013 / 36 / eu of the european parliament and of the council of 26 june 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms , amending directive 2002 / 87 / ec and repealing directives 2006 / 48 / ec and 2006 / 49 / ec .


### the importance of whistleblower protection in terms of preventing and deterring breaches of union rules on transport safety which can endanger human lives has been already acknowledged in sectorial union instruments on aviation safety38and maritime transport safety39 , which provide for tailored measures of protection to whistleblowers as well as specific reporting channels . these instruments also include the protection from retaliation of the workers reporting on their own honest mistakes . it is necessary to complement the existing elements of whistleblower protection in these two sectors as well as to provide such protection to enhance the enforcement of safety standards for other transport modes , namely road and railway transport . _________________ 38 regulation no 376 / 2014 of the european parliament and of the council , of 3 april 2014 , on the reporting , analysis and follow - up of occurrences in civil aviation . 39 directive 2013 / 54 / eu , of the european parliament and of the council , of 20 november 2013 , concerning certain flag state responsibilities for compliance with and enforcement of the maritime labour convention , directive 2009 / 16 / ec of the european parliament and of the council , of 23 april 2009 , on port state control . ### the importance of whistleblower protection in terms of preventing and deterring breaches of union rules on transport safety which can endanger human lives has been already acknowledged in sectorial union instruments on aviation safety38 and maritime transport safety39 , which provide for tailored measures of protection to whistleblowers as well as specific reporting channels . these instruments also include the protection from retaliation of the workers reporting on their own honest mistakes . it is necessary to complement the existing elements of whistleblower protection in these two sectors as well as to provide such protection to enhance immediately the enforcement of safety standards for other transport modes , namely road and railway transport .


### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . _________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations . ### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment unfortunately remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm .


### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable in order to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . considering the report by transparency international published in the summer of 2018 underscoring the need for whistleblower protection within eu institutions as well , protection should extend similarly to eu staff . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### effective whistleblower protection implies protecting also further categories of persons who , whilst not relying on their work - related activities economically , may nevertheless suffer retaliation for exposing breaches . retaliation against volunteers and unpaid trainees may take the form of no longer making use of their services , or of giving a negative reference for future employment or otherwise damaging their reputation . ### effective whistleblower protection implies protecting also further categories of persons who , whilst not relying on their work - related activities economically , may nevertheless suffer retaliation for exposing breaches . retaliation against volunteers and unpaid trainees may take the form of no longer making use of their services , or of giving a negative reference for future employment or otherwise damaging their reputation or career prospects .


### effective whistleblower protection implies protecting also further categories of persons who , whilst not relying on their work - related activities economically , may nevertheless suffer retaliation for exposing breaches . retaliation against volunteers and unpaid trainees may take the form of no longer making use of their services , or of giving a negative reference for future employment or otherwise damaging their reputation . ### effective whistleblower protection implies wider protection for further categories of persons who , whilst not relying on their work - related activities economically , may nevertheless suffer retaliation for exposing breaches . retaliation against volunteers and unpaid trainees may take the form of no longer making use of their services , or of giving a negative reference for future employment or otherwise damaging their reputation .


### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . ### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have , in addition to the necessary capacities and powers , suitably qualified staff to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate .


### for the effective detection and prevention of breaches of union law it is vital that the relevant information reaches swiftly those closest to the source of the problem , most able to investigate and with powers to remedy it , where possible . this requires that legal entities in the private and the public sector establish appropriate internal procedures for receiving and following - up on reports . ### for the effective detection and prevention of breaches of union law it is vital that the relevant information reaches swiftly those closest to the source of the problem , most able to investigate and with powers to remedy it , where possible . this requires that legal entities in the private and the public sector establish appropriate internal procedures for receiving , analysing and following - up on reports .


### the exemption of small and micro undertakings from the obligation to establish internal reporting channels should not apply to private undertakings active in the area of financial services . such undertakings should remain obliged to establish internal reporting channels , in line with the current obligations set forth in the union acquis on financial services . ### the exemption of small and micro undertakings from the obligation to establish internal reporting channels should not apply to private undertakings active in or closely linked to the area of financial services . such undertakings should remain obliged to establish internal reporting channels , in line with the current obligations set forth in the union acquis on financial services .


### member states should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate . ### member states and eu institutions should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### in cases where member states do not already have sufficient protection in place and with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law which member states may adopt :


### member states shall ensure that competent authorities follow up on the reports by taking the necessary measures and investigate , to the extent appropriate , the subject - matter of the reports . the competent authorities shall communicate to the reporting person the final outcome of the investigations . ### member states and eu institutions shall ensure that competent authorities follow up on the reports by taking the necessary measures and investigate , to the extent appropriate , the subject - matter of the reports . the competent authorities shall communicate to the reporting person the final outcome of the investigations .


### member states shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed . ### member states and eu institutions shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed .


### member states shall ensure that competent authorities have staff members dedicated to handling reports . dedicated staff members shall receive specific training for the purposes of handling reports . ### member states and eu institutions shall ensure that competent authorities have staff members dedicated to handling reports . dedicated staff members shall receive specific training for the purposes of handling reports .


### in addition to providing legal aid to reporting persons in criminal and in cross - border civil proceedings in accordance with directive 2016 / 1919 and directive 2008 / 52 / ec of the european parliament and of the council63 , and in accordance with national law , member states may provide for further measures of legal and financial assistance and support for reporting persons in the framework of legal proceedings . _________________ 63 directive 2008 / 52 / ec of the european parliament and of the council of 21 may 2008 on certain aspects of mediation in civil and commercial matters . ### in addition to providing legal aid to reporting persons in criminal and in cross - border civil proceedings in accordance with directive 2016 / 1919 and directive 2008 / 52 / ec of the european parliament and of the council63 , and in accordance with national law , member states and eu institutions may provide for further measures of legal and financial assistance and support for reporting persons in the framework of legal proceedings . _________________ 63 directive 2008 / 52 / ec of the european parliament and of the council of 21 may 2008 on certain aspects of mediation in civil and commercial matters .


### regulation no 994 / 2010 of the european parliament and of the council of 20 october 2010 concerning measures to safeguard security of gas supply has already had a significant positive impact on the union situation as regards the security of the gas supply , both in terms of preparation and mitigation . member states are better prepared to face a supply crisis now that they are required to draw up plans including preventive and emergency measures , and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply . however , the implementation report of regulation no 994 / 2010 of october 2014 highlighted areas in which improvements to that regulation could further bolster the union supply security . ### regulation no 994 / 2010 of the european parliament and of the council of 20 october 2010 concerning measures to safeguard security of gas supply has already had a significant positive impact on the union situation as regards the security of the gas supply , both in terms of preparation and mitigation . some member states are better prepared to face a supply crisis now that they are required to draw up plans including preventive and emergency measures , and they are better protected now that they have to meet a number of obligations regarding infrastructure capacity and gas supply . however , the implementation report of regulation no 994 / 2010 of october 2014 highlighted areas in which improvements to that regulation could further bolster the union supply security .


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards preventive action .


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state’s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### an internal gas market supervised by public regulatory authorities that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by one member state may jeopardise the proper functioning of the internal gas market and spark a domino effect to customers in other member states . to allow members states to cope with a shortage of supply and the internal gas market to function even in the face of such shortage of supply , provision must be made for solidarity and coordination at regional and union level in the response to supply crises as regards both preventive action and the reaction to actual disruptions of supply leading to integration of regions’ energy markets . in this regard the union should further diversify energy sources , suppliers and supply routes , as a precondition of energy security and shall support , including through funding , those diversification - oriented projects that are fully in line with union law and principles as well as with the union’s long - term policy objectives and priorities , such as infrastructural projects .


### so far , the potential for more efficient and less costly measures through regional cooperation has not been fully exploited . this has to do not only with better coordination of national mitigation actions in emergency situations , but also of national preventive measures , such as national storage or policies related to liquefied natural gas , which can be strategically important in certain regions . ### so far , the potential for more efficient and less costly measures through regional cooperation has not been fully exploited , and a concept of regional cooperation is needed , with the possibility of setting cooperation formats on the basis of consultations with the member states , taking account of the energy dynamic . better coordination of national mitigation actions in emergency situations is recommended , as well as of national preventive measures , such as national storage or policies related to liquefied natural gas , which can be strategically important in certain regions and an efficient use of existing infrastructure .


### responsibility for security of gas supply should be shared by natural gas undertakings , member states , acting through their competent authorities ; and the commission , within their respective remits . such shared responsibility requires very close cooperation between these parties . however , customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply , as they can respond to a crisis by taking demand - side measures such as interruptible contracts and fuel switching , which have an immediate impact on the supply / demand balance . ### responsibility for security of gas supply should be shared by natural gas undertakings , member states , acting through their competent national , regional and local authorities ; and the commission , within their respective remits . such shared responsibility requires very close cooperation between these parties . however , customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply , as they can respond to a crisis by taking demand - side measures such as interruptible contracts and fuel switching , which have an immediate impact on the supply / demand balance .


### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , commercial , financial , social , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism . ### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , infrastructural , commercial , financial , social , geo - strategic , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism .


### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings . ### as demonstrated by the october 2014 stress test , solidarity based on regional cooperation is needed to ensure security of supply across the union and to keep overall costs to a minimum . this solidarity should be defined on three levels of action – bilateral or regional , interregional and union – and it should not be left to an individual regional group alone if a consistent and uniform approach at the union level is needed . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings .


### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . . ### strengthening the energy community is one of the union goals , as this would ensure effective implementation of the union energy acquis , energy market reforms and incentivize investments in the energy sector by closer integration of the union and energy community energy markets . this also entails introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . .


### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . ### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . to that end , forecasts should be drawn up of consumption at regional level and the available reserves , which would make it possible to strengthen the ability to respond in the event of a crisis . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place .


### where there is reliable information on a situation outside the union that threatens the security of supply of one or several member states and that may trigger an early warning mechanism involving the union and a third country , the commission should inform the gas coordination group without delay and the union should take appropriate action to try to defuse the situation . ### where there is reliable information on a situation outside the union that threatens the security of supply of one or several member states and that may trigger an early warning mechanism involving the union and a third country , the commission should inform the gas coordination group without delay and the union should take appropriate action to try to defuse the situation . where the situation allows and adequate infrastructure exists , the commission and the member states could grant temporary aid to third countries in crisis .


### each member state shall notify to the commission without delay the name of the competent authority and any changes thereto . each member state shall make the name of the competent authority public . ### each member state shall , without delay , notify to the commission the name of the competent authority and any changes thereto . each member state shall make the name of the competent authority public .


### the measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory and verifiable , shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other member states or of the union as a whole . ### the preventive regional action plans and emergency plans shall be based on national plans for security of gas supply . the measures to ensure the security of supply contained in the regional preventive action plans correlated with those at national level and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , sustainable and consistent with the union’s climate and energy objectives shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other member states , regions or of the union as a whole .


### the competent authority shall ensure that any new transmission infrastructure contributes to the security of supply through the development of a well - connected network , including , where appropriate , by means of a sufficient number of cross - border entry and exit points according to market demand and the risks identified . the competent authorities shall assess in the risk assessment whether internal bottlenecks exist and whether national entry capacity and infrastructures , in particular transmission networks , are capable of adapting the national and cross border gas flows to the scenario of the disruption of the single largest gas infrastructure at national level and the single largest gas infrastructure of common interest to the region identified in the risk assessment . ### 7the competent authority shall ensure that any new transmission infrastructure contributes to the security of supply through the development of a well - connected network , including , where appropriate , by means of a sufficient number of cross - border entry and exit points according to market demand and the risks identified . the competent authorities shall assess in the risk assessment whether internal bottlenecks exist and whether national entry capacity and infrastructures , in particular transmission networks , are capable of adapting the national and cross border gas flows to the scenario of the disruption of the single largest gas infrastructure at national level and the single largest gas infrastructure of common interest to the region identified in the risk assessment . during a national , regional or union - wide emergency situation the gas flow through bi - directional permanent capacity constructed to enhance security of supply in a member state , shall have priority over other points in the system . the competent authorities shall study the possibility of using the opportunities offered by the cef ‘ energy’ and esi funds in general to develop energy infrastructure in the regions and adequate interconnections for those regions .


### natural gas undertakings shall be allowed to meet their obligations under this article at a regional or union level , where appropriate . the competent authorities shall not require the standards laid down in this article to be met based on infrastructure located only within its territory . ### natural gas undertakings shall be allowed to meet their obligations under this article at a regional or union level , where appropriate . the competent authorities may require the standards laid down in this article to be met based on infrastructure located only within its territory .


### define the role and responsibilities of natural gas undertakings and of industrial gas customers including relevant electricity producers , taking account of the different extent to which they are affected in the event of gas supply disruptions , and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in article 10 ; ### define the role and responsibilities of natural gas undertakings , transmission system operators for electricity and of industrial gas customers including relevant electricity producers , taking account of the different extent to which they are affected in the event of gas supply disruptions , and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in article 10 ;


### define the role and responsibilities of natural gas undertakings and of industrial gas customers including relevant electricity producers , taking account of the different extent to which they are affected in the event of gas supply disruptions , and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in article 10 ; ### clearly define the role and responsibilities of natural gas undertakings and of industrial gas customers including relevant electricity producers , taking account of the different extent to which they are affected in the event of gas supply disruptions , and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels defined in article 10 ;