### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . ### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with suppliers from the same third country or from their affiliates , with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with contracts of other natural gas undertakings on the same national market with suppliers from the same third country or their affiliates provide more than 40% of total annual gas imports from third countries to the member state concerned . the notification obligation shall not apply to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . to that end , the national regulatory authorities shall monitor the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded .


### the second sentence of article 3 , article 3 , article 4 , and , article 5 , point of article 6 , points and of article 7 , points , , , of article 8 , point and of article 8 , points and of article 9 , article 9 , article 10 , article 11 and article 12 shall create obligations for the members states towards an energy community contracting party subject to the following procedure : ### the second sentence of article 3 , article 3 , article 4 , and , article 5 , point of article 6 , points and of article 7 , points , , , of article 8 , point and of article 8 , points , and of article 9 , article 9 , article 10 , article 11 and article 12 shall create obligations for the members states towards an energy community contracting party subject to the following procedure :


### the second sentence of article 3 , article 3 , article 4 , and , article 5 , point of article 6 , points and of article 7 , points , , , of article 8 , point and of article 8 , points and of article 9 , article 9 , article 10 , article 11 and article 12 shall create obligations for the members states towards an energy community contracting party subject to the following procedure : ### where energy community contracting party fully implemented directive 2009 / 73 / ec , regulation no 715 / 2009 , network codes established according to the procedure as set out in article 6 of regulation no 715 / 2009 and regulation no [ xxx / xxxx / xx ] [ op : please insert number of regulation once adopted ] the second sentence of article 3 , article 3 , article 4 , and , article 5 , point of article 6 , points and of article 7 , points , , , of article 8 , point and of article 8 , points and of article 9 , article 9 , article 10 , article 11 and article 12 shall create obligations for the members states towards an energy community contracting party subject to the following procedure :


### to increase the transparency and to facilitate the notification of exemptions , equivalencies and additional safety measures by member states , a database should be established and maintained for this purpose by the commission . it should include the notified measures in their draft and adopted form . ### to increase the transparency and to facilitate the notification of exemptions , equivalencies and additional safety measures by member states , a database should be established and maintained for this purpose by the commission . it should include the notified measures in their draft and adopted form and the data should be provided to the member states upon request .


### based on experience in the practical implementation of the union sustainability criteria , it is appropriate to strengthen the role of voluntary international and national certification schemes for verification of compliance with the sustainability criteria in a harmonised manner . ### based on experience in the practical implementation of the union sustainability criteria , it is appropriate to take into account the role of voluntary international and national certification schemes for verification of compliance with the sustainability criteria in a harmonised manner .


### member states shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter . ### member states shall carry out an assessment of their sustainable potential of renewable energy sources which must include spatial analysis of areas suitable for low ecological risk deployment , and the potential for the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter .


### the single administrative contact point shall guide the applicant through the application process in a transparent manner , provide the applicant with all necessary information , coordinate and involve , where appropriate , other authorities , and deliver a legally binding decision at the end of the process . ### the single administrative contact point shall guide the applicant through the application process in a transparent manner , provide the applicant with all necessary information , coordinate and involve , where appropriate , other authorities , and , to the extent possible , deliver a legally binding decision at the end of the process .


### member states shall facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process , which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point . ### member states shall facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process , which shall not exceed one year from the date on which a legitimate request for repowering is submitted to the single administrative contact point .


### repowering shall be allowed following a notification to the single administrative contact point established in accordance with article 16 , where no singificant negative environmental or social impact is expected . the single administrative contact point shall decide within six months of the receipt of the notification if this is sufficient . ### repowering shall be allowed following a notification to the single administrative contact point established in accordance with article 16 , where compliance with the requirements of directive 2011 / 92 / eu1a and directive 92 / 43 / eec1b has been ensured , and where no significant negative environmental or social impact is expected . the single administrative contact point shall decide within six months of the receipt of the notification . ____________________ 1a oj l 26 , 28 . 1 . 2012 , p . 1 . 1b oj l 206 , 22 . 7 . 1992 , p . 7 - 50


### for the purposes of this directive , a renewable energy community shall be an sme or a not - for - profit organisation , the shareholders or members of which cooperate in the generation , distribution , storage or supply of energy from renewable sources , fulfilling at least four out of the following criteria : ### for the purposes of this directive , a renewable energy community shall be an sme , an association , a cooperative , a partnership , not - for - profit organisation , or other legal entity which is effectively controlled by local shareholders or members , which cooperate in the generation , distribution , storage or supply of energy from renewable sources , fulfilling at least four out of the following criteria :


### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year . ### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from highly sustainable crop - based biofuels , from renewable liquid and gaseous transport fuels of non - biological origin and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year .


### the impacts of forest harvesting on soil quality and biodiversity are minimised ; and ### the negative impacts of forest harvesting on soil quality , water quality and biodiversity are minimised ; and


### harvesting does not exceed the long - term production capacity of the forest ; ### harvesting does not impact on the long term health of , nor exceed the long - term production capacity of , the forest ;


### impacts of forest harvesting on soil quality and biodiversity are minimised ; ### negative impacts of forest harvesting on soil quality , water quality and biodiversity are minimised ;


### harvesting does not exceed the long - term production capacity of the forest . ### harvesting does not impact on the health nor exceed the long - term production capacity of the forest .


### at least 50 % for biofuels and bioliquids produced in installations in operation on or before 5 october 2015 ; ### at least 50 % for biofuels and bioliquids , and biomass fuels consumed in transport produced in installations in operation on or before 5 october 2015 ;


### electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu . for the purposes of points and of paragraph 1 , this provision shall only apply to installations starting operation after [ 3 years from date of adoption of this directive ] . for the purposes of point of paragraph 1 , this provision is without prejudice to public support provided under schemes approved by [ 3 years after date of adoption of this directive ] . ### electricity from cogeneration biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu .


### allows consignments of raw material or biofuels , bioliquids or biomass fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container , processing or logistical facility , transmission and distribution infrastructure or site ; ### allows consignments of raw material or biofuels , bioliquids or biomass fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container , processing or logistical facility , transmission and distribution infrastructure or site provided each consignment meets the requirements laid down in article 26 in its own right and that suitable systems are in place to monitor and measure the compliance of the individual consignments ;


### when the processing of a consignment of raw material yields only one output that is intended for the production of biofuels , bioliquids or biomass fuels , the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for the production of biofuels , bioliquids or biomass fuels and the mass of the raw material entering the process ; ### when the processing of a consignment of raw material yields only one output that is intended for the production of biofuels , bioliquids or biomass fuels , the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for the production of biofuels , bioliquids or biomass fuels and the mass of the raw material entering the process provided that each consignment which constitutes the mixture meets the requirements laid down in article 26 ;


### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the forest holding level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 . ### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the regional , county or forest holding level .


### in order to ensure that compliance with the sustainability and greenhouse gas emissions saving criteria is verified in an efficient and harmonised manner and in particular to prevent fraud , the commission may specify detailed implementing rules , including adequate standards of reliability , transparency and independent auditing and require all voluntary schemes to apply those standards . when specifying these standards , the commission shall pay special attention to the need to minimize administrative burden . this shall be done by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 . such acts shall set a time frame by which voluntary schemes need to implement the standards . the commission may repeal decisions recognising voluntary schemes in the event that those schemes fail to implement such standards in the time frame provided for . ### in order to ensure that compliance with the sustainability and greenhouse gas emissions saving criteria is verified in an efficient and harmonised manner and in particular to prevent fraud , the commission may specify detailed implementing rules , including adequate standards of reliability , transparency and independent auditing and require all voluntary schemes to apply those standards . when specifying these standards , the commission shall pay special attention to the need to minimize administrative burden . this shall be done by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 . such acts shall set a time frame by which voluntary schemes need to implement the standards . the commission may repeal decisions recognising voluntary schemes in the event that those schemes fail to implement such standards in the time frame provided for . where a member state raises a concern as to the operation of a voluntary scheme , the commission shall investigate the matter and take appropriate action .


### the commission shall maintain a dialogue and exchange information with third countries and biofuel , bioliquid and biomass fuel producers , consumer organisations and civil society concerning the general implementation of the measures in this directive relating to biofuels , bioliquids and biomass fuels . it shall , within that framework , pay particular attention to the impact that biofuel and bioliquid production may have on food prices . ### the commission shall maintain a dialogue and exchange information with third countries and biofuel , bioliquid and biomass fuel producers , consumer organisations and civil society concerning the general implementation of the measures in this directive relating to biofuels , bioliquids and biomass fuels . it shall , within that framework , pay particular attention to the impact that biofuel and bioliquid production may have on food prices , resource prices and material use .


### calendar year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 ### minimum share 7 . 0% 6 . 7% 6 . 4% 6 . 1% 5 . 8% 5 . 4% 5 . 0% 4 . 6% 4 . 2% 3 . 8%


### extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space - based and ground - based infrastructure . a space weather function should therefore be established as part the programme with an aim of assessing the space weather risks and corresponding user needs , raising the awareness of space weather risks , ensuring the delivery of user - driven space weather services , and improving member stares capabilities to produce space weather service . the commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs , risks and technological readiness . in the long term , the needs of other sectors may be addressed . the delivery of services at union level according to the users ' needs will require targeted , coordinated and continued research and development activities to support space weather services evolution . the delivery of the space weather services should build on the existing national and union capabilities and enable a broad participation of member states and involvement of the private sector . ### extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space - based and ground - based infrastructure . a space weather function should therefore be established as part the programme with an aim of assessing the space weather risks and corresponding user needs , raising the awareness of space weather risks , ensuring the delivery of user - driven space weather services , and improving member stares capabilities to produce space weather service . the commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs , risks and technological readiness . in the long term , the needs of other sectors may be addressed . the delivery of services at union level according to the users ' needs will require targeted , coordinated and continued research and development activities to support space weather services evolution . the delivery of the space weather services should build on the existing national and union capabilities and enable a broad participation of member states , international organisations and involvement of the private sector .


### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital economy ; ### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital and the blue economy ;


### the commission shall manage the component of the programme where such management is not entrusted to another entity . ### the commission shall manage the component of the programme only where it will achieve the objectives of the component of the programme more effectively than by entrusting such management to another entity . in other cases , the commission shall delegate the management of the component of the programme to the agency , to the european space agency or to other entities referred to in article 32 .


### where appropriate , it shall ensure the coordination with activities carried out in the space sector at union , national and international level . it shall encourage cooperation between the member states and promote convergence of their technological capacities and developments in the space domain . ### where appropriate , and in cooperation with the agency , it shall ensure the coordination with activities carried out in the space sector at union , national and international level .


### purse seine vessels shall avoid encircling sea turtles and shall release encircled or entangled sea turtles , including on fads . they shall report interactions between purse seines or fads and sea turtles to their flag member state . ### purse seine vessels shall avoid encircling sea turtles and shall release encircled or entangled sea turtles , including on fads . they shall report interactions between purse seines or fads and sea turtles to their flag member state , in accordance with iccat recommendation 10 - 09 .


### calling for a globally fair and modern international tax system in november 2015 , the g20 endorsed the oecd ‘ action plan on base erosion and profit shifting’ which aimed at providing governments with clear international solutions to address the gaps and mismatches in existing rules which allow corporate profits to shift to locations of no or low taxation , where no real value creation may take place . in particular , beps action 13 introduces a country - by - country reporting by certain multinational undertakings to national tax authorities on a confidential basis . on 27 january 2016 , the commission adopted the ‘ anti - tax avoidance package’ . one of the objectives of that package is to transpose into union law , the beps action 13 by amending council directive 2011 / 16 / eu20 . __________________ 20 council directive 2011 / 16 / eu of 15 february 2011 on administrative cooperation in the field of taxation and repealing directive 77 / 799 / eec . ### calling for a globally fair and modern international tax system in november 2015 , the g20 endorsed the oecd ' action plan on base erosion and profit shifting ' which aimed at providing governments with clear international solutions to address the gaps and mismatches in existing rules which allow corporate profits to shift to locations of no or low taxation , where no real value creation may take place . the beps initiative fell short of the pledge that the g20 finance ministers issued in st . petersburg in september 2013 when they stated that ' profits should be taxed where economic activities deriving the profits are performed and where value is created . ' [ 1 ] the failure of the beps process to meet its original objectives underlines the importance of heightened country - level reporting for all large enterprises . in particular , beps action 13 introduces a country - by - country reporting by certain multinational undertakings to national tax authorities on a confidential basis . on 27 january 2016 , the commission adopted the ' anti - tax avoidance package ' . one of the objectives of that package is to transpose into union law , the beps action 13 by amending council directive 2011 / 16 / eu20 . however , taxing profits where the value is created requires a more comprehensive approach to country - by - country reporting that is based on public reporting . __________________ 20 council directive 2011 / 16 / eu of 15 february 2011 on administrative cooperation in the field of taxation and repealing directive 77 / 799 / eec .


### to ensure that cases of non - compliance are disclosed to the public , statutory auditor or audit firm should check whether the report on income tax information has been submitted and presented in accordance with the requirements of this directive and made accessible on the relevant undertaking’s website or on the website of an affiliated undertaking . ### to ensure that cases of non - compliance are disclosed to the public , member states may use a statutory auditor or audit firm to check whether the report on income tax information has been submitted and presented in accordance with the requirements of this directive and made accessible on the relevant undertaking ' s website or on the website of an affiliated undertaking .


### member states shall require branches which are opened in their territories by an undertaking which is not governed by the law of a member state to publish on an annual basis the report on income tax information of the ultimate parent undertaking referred to in point of paragraph 5 of this article . ### member states shall require branches opened in their territories by an undertaking which is not governed by the law of a member state to publish on an annual basis a report on income tax information of the ultimate parent undertaking or the non - affiliated undertaking referred to in point of paragraph 5 of this article as regards the next financial year , if the information is available to the person designated to carry out the disclosure formalities referred to in article 48e . when the information is not available , such person shall request the ultimate parent undertaking not governed by the law of a member state or the non - affiliated undertaking referred to in point of paragraph 5 of this article to provide all information required to meet their obligations . if despite that the information is not provided , the report shall contain information on the undertaking that has the branch and the undertakings and branches it controls . the report shall identify whether income tax information on the ultimate parent undertaking or the non - affiliated undertaking is provided .


### the summary of the prospectus should be a useful source of information for investors , in particular retail investors . it should be a self - contained part of the prospectus and should focus on key information that investors need in order to be able to decide which offers and admissions to trading of securities to consider further . such key information should convey the essential characteristics of , and risks associated with , the issuer , any guarantor , and the securities offered or admitted to trading on a regulated market . it should also provide the general terms and conditions of the offer . in particular , the presentation of risk factors in the summary should consist of a limited selection of specific risks which the issuer considers to be the most material ones . ### the introduction to the prospectus should be a useful source of information for investors , in particular retail investors . it should be a self - contained part of the prospectus and should focus on highlighting relevant information that investors need in order to be able to decide which offers and admissions to trading of securities to consider further . the foregoing implies that information produced in the introduction is not replicated within the main body of the prospectus unless absolutely necessary . such relevant information should convey the essential characteristics of , and risks associated with , the issuer , any guarantor , and the securities offered or admitted to trading on a regulated market . it should also provide the general terms and conditions of the offer . in particular , the presentation of risk factors in the introduction should consist of a limited selection of specific risks which the issuer considers to be of most relevance to the investor when making decisions .


### one of the core objectives of the capital markets union is to facilitate access to financing on capital markets for smes in the union . as such companies usually need to raise relatively lower amounts than other issuers , the cost of drawing up a prospectus can be disproportionately high and may deter them from offering their securities to the public . at the same time , because of their size and shorter track record , smes might carry a higher investment risk than larger issuers and should disclose sufficient information for investors to take their investment decision . a proper balance should therefore be struck between the cost - efficient access to financial markets and investor protection when calibrating the content of a prospectus applying to smes and a specific disclosure regime should therefore be developed for smes to achieve that objective . ### one of the core objectives of the capital markets union is to facilitate access to financing on capital markets for smes , which are the main driver of the economy in the union . as such companies usually need to raise relatively lower amounts than other issuers , the cost of drawing up a prospectus can be disproportionately high , and complicated administrative procedures may deter them from offering their securities to the public . at the same time , because of their size and shorter track record , smes might carry a higher investment risk than larger issuers and should disclose sufficient information for investors to take their investment decision . a proper balance should therefore be struck between the cost - efficient access to financial markets and investor protection when calibrating the content of a prospectus applying to smes and a specific disclosure regime should therefore be developed for smes to achieve that objective .


### favourable treatments granted to issuances of non - equity securities with a denomination per unit in excess of eur 100 000 may distort the structure of debt markets , create impediments to proper diversification of portfolios and to the development of electronic trading platforms , thus undermining liquidity on the secondary market , and may reduce investment choice for retail investors by depriving them of the opportunity to acquire investment - grade corporate bonds . it is therefore appropriate to remove the prospectus exemption for offers of non - equity securities whose denomination per unit amounts to at least eur 100 000 and the lower standard of disclosure granted to prospectuses concerning such non - equity securities , featured originally in directive 2003 / 71 / ec . in particular , it is appropriate to unify the minimum information requirements for non - equity prospectuses , thereby replacing the dual standard of disclosure between issuances targeting qualified investors only and issuances targeting non - qualified investors . ### favourable treatments granted to issuances of non - equity securities with a denomination per unit in excess of eur 100 000 may distort the structure of debt markets , create impediments to proper diversification of portfolios and to the development of electronic trading platforms , thus undermining liquidity on the secondary market , and may reduce investment choice for retail investors by depriving them of the opportunity to acquire investment - grade corporate bonds . in addition , the high minimum settlement amount rules imposed on central securities depositories by some union issuers create operational inefficiencies and risks for financial market infrastructures and their participants in relation to post - trade services . it is therefore appropriate to remove the prospectus exemption for offers of non - equity securities whose denomination per unit amounts to at least eur 100 000 and the lower standard of disclosure granted to prospectuses concerning such non - equity securities , featured originally in directive 2003 / 71 / ec . in particular , it is appropriate to unify the minimum information requirements for non - equity prospectuses , thereby replacing the dual standard of disclosure between issuances targeting qualified investors only and issuances targeting non - qualified investors .


### omission of sensitive information in a prospectus should be allowed in certain circumstances by means of a derogation granted by the competent authority in order to avoid detrimental situations for an issuer . ### omission of sensitive information in a prospectus should be allowed in certain circumstances by means of a derogation granted by the competent authority in order to avoid detrimental situations for an issuer , provided that such an omission is not likely to mislead the public with regard to the facts and circumstances essential for an informed assessment of the issuer , offeror or guarantor .


### the content of the summary shall be accurate , fair , clear and not misleading . it shall be consistent with the other parts of the prospectus . ### the content of the summary shall be accurate , fair , clear and not misleading and shall contain all relevant information . it shall be consistent with the other parts of the prospectus .


### an introduction containing warnings ; ### an introduction containing warnings , including the extent to which investors can lose their investment in a worst - case scenario ;


### under a sub - section titled ' what are the key risks that are specific to the securities ? ' a brief description of no more than five of the most material risk factors specific to the securities , contained in the category of highest materiality according to article 16 . ### under a sub - section titled ' what are the key risks that are specific to the securities ? ' a brief description of significant risk factors specific to the securities that focus in particular on operational and investment risk .


### under a sub - section titled ' what are the key risks that are specific to the securities ? ' a brief description of no more than five of the most material risk factors specific to the securities , contained in the category of highest materiality according to article 16 . ### under a sub - section titled ' what are the key risks that are specific to the securities ? ' a brief description of the most material risk factors specific to the securities , contained in the category of highest materiality according to article 16 .


### under a sub - section titled ' what are the key risks that are specific to the securities ? ' a brief description of no more than five of the most material risk factors specific to the securities , contained in the category of highest materiality according to article 16 . ### under a sub - section titled ' what are the key risks that are specific to the securities ? ' a brief and clear description of no more than five of the most material risk factors specific to the securities , contained in the category of highest materiality according to article 16 ; the number of risk factors may be increased to no more than eight where necessary .


### without prejudice to article 30 of regulation no 1095 / 2010 , esma shall organise and conduct at least one peer review of the scrutiny and approval procedures of competent authorities , including notifications of approval between competent authorities . the peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers ' ability to raise capital in the european union . the report on this peer review shall be published no later that three years after the date of application of this regulation . in the context of this peer review , esma shall , where appropriate , request opinions or advice from the securities and markets stakeholder group referred to in article 37 of regulation no 1095 / 2010 . ### without prejudice to article 30 of regulation no 1095 / 2010 , esma shall also organise and conduct at least one peer review of the scrutiny and approval procedures of competent authorities , including notifications of approval between competent authorities . the peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers ' ability to raise capital in the european union . the report on this peer review shall be published no later than three years after the date of application of this regulation . the report shall also be accessible in an online format . in the context of this peer review , esma shall , where appropriate , request opinions or advice from the securities and markets stakeholder group referred to in article 37 of regulation no 1095 / 2010 .


### the competent authority of each host member state may require that the summary referred to in article 7 be translated into its official language or languages , but it shall not require the translation of any other part of the prospectus . ### the competent authority of each host member state shall require that the summary referred to in article 7 be written in the official languages , or in one of the official languages , used in the part of the member state where the security is offered , or in another language accepted by the competent authorities of that member state , or , where it has been written in a different language , it shall be translated into one of those languages . the translation shall faithfully and accurately reflect the content of the original summary . the competent authority of each host member state shall not require the translation of any other part of the prospectus . if a security is offered in a member state through marketing documents written in one or more official languages of that member state , the summary shall be written in at least the corresponding official languages .


### the competent authority of each host member state may require that the summary referred to in article 7 be translated into its official language or languages but it shall not require the translation of any other part of the prospectus . ### the competent authority of each host member state shall require that the summary referred to in article 7 be written in the official languages , or in one of the official languages , used in the part of the member state where the security is offered , or in another language accepted by the competent authorities of that member state , or , where it has been written in a different language , it shall be translated into one of those languages . the translation shall faithfully and accurately reflect the content of the original summary . the competent authority of each host member state shall not require the translation of any other part of the prospectus . if a security is offered in a member state through marketing documents written in one or more official languages of that member state , the summary shall be written in at least the corresponding official languages .


### in the ‘ compact for growth and jobs’ , the european council requested to explore the possibility of extending to apprenticeships and traineeships the eures network , apprenticeships and traineeships can be covered under the present regulation , provided that the persons concerned are considered workers with reference to the rights conferred on citizens under article 45 of the treaty . an appropriate exchange of general information on mobility for apprenticeships and traineeships within the union needs to be introduced and adequate assistance to the candidates for those positions should be developed , based on a mechanism for clearance of offers , once such a clearance is deemed feasible in accordance with the appropriate standards and with due respect to the competences of the member states . ### in the ‘ compact for growth and jobs’ , the european council requested to explore the possibility of extending to apprenticeships and traineeships the eures network , apprenticeships and traineeships can be covered under the present regulation , provided that the persons concerned are considered workers with reference to the rights conferred on citizens under article 45 of the treaty . member states should have appropriate flexibility to exclude certain categories in order to take their educational systems and active labour market policies into account . an appropriate exchange of general information on mobility for apprenticeships and traineeships within the union needs to be introduced and adequate assistance to the candidates for those positions should be developed , based on a mechanism for clearance of offers , once such a clearance is deemed feasible in accordance with the appropriate standards and with due respect to the competences of the member states .


### the european commission which is responsible for assisting the eures network in carrying out its activities through the ' european coordination office ' ; ### the ' european coordination office ' established within the commission which is responsible for assisting the eures network in carrying out its activities ' ;


### organisation of the work for eures in the member state , including the delivery of support services in accordance with chapter iv ; ### organisation of the work for eures in the member state , including ensuring a coordinated transfer to the eures portal of information on job vacancies , job applications and cvs in accordance with article 14 ;


### the responsibilities of eures partners ### the responsibilities of eures members and eures partners


### eures partners designate one or more contact points , such as placement and recruitment offices , call centres , self - service tools and the like , where workers and employers can get support with clearance and / or access to support services in accordance with this regulation . the contact points may also be based on staff exchange programmes , the detachment of liaison officers or involve common placement agencies . ### eures partners designate one or more contact points , accessible for persons with disabilities , such as placement and recruitment offices , call centres , self - service tools and the like , where workers and employers can get support with clearance and / or access to support services in accordance with this regulation . the contact points may also be based on staff exchange programmes , the detachment of liaison officers or involve common placement agencies .


### member states may require eures partners to contribute to ### whilst respecting the principle of proportionality , member states , through their national coordination offices , may require eures members and eures partners to contribute to :


### all job vacancies available with its public employment services as well as those provided by its eures partners ; ### all job vacancies made publicly available with its public employment services as well as those provided by other eures members , and where relevant , eures partners ; members states may introduce a mechanism allowing employers not to have a vacancy published on the eures portal if the request is duly justified on the basis of the skills and competence requirements relating to the job .


### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be amended to make them better reflect the union ' s ambition to move to a circular economy . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be first reached to a satisfactory extent in order that new targets can be set . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### member states should put in place adequate incentives for the application of the waste hierarchy , in particular , by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , extended producer responsibility schemes and incentives for local authorities . ### member states should put in place adequate incentives for the application of the waste hierarchy , for example , by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , extended producer responsibility schemes and incentives for local authorities .


### member states should put in place adequate incentives for the application of the waste hierarchy , in particular , by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , extended producer responsibility schemes and incentives for local authorities . ### member states can put in place incentives for the application of the waste hierarchy , in particular , by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , extended producer responsibility schemes and incentives for local authorities .


### large differences exist between member states with respect to their waste management performance , particularly as regards recycling of municipal waste . in order to take account of those differences , those member states which in 2013 recycled less than 20% of their municipal waste according to eurostat data should be given additional time to comply with the preparing for re - use and recycling targets established for 2025 and 2030 . in light of average annual progression rates observed in member states over the past fifteen years , those member states would need to increase their recycling capacity at levels that are well - above past averages to meet those targets . in order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time , member states that are given additional time should meet interim - targets and establish an implementation plan . ### large differences exist between member states with respect to their waste management performance , particularly as regards recycling of municipal waste . in order to motivate member states performing below the eu average and to increase compliance , achievable and understandable targets should be set . such targets should act as minimum standards and should be without prejudice to better performing member states who wish to exceed the agreed targets within the given timeframe .


### compliance with the obligation to set up separate collection systems for paper , metal , plastic and glass is essential in order to increase preparing for re - use and recycling rates in member states . in addition bio - waste should be collected separately to contribute to an increase in preparing for re - use and recycling rates and the prevention of contamination of dry recyclable materials . ### where technically , environmentally and economically practicable , separate collection systems for paper , metal , plastic and glass and bio - waste should be promoted in order to increase preparing for re - use and recycling rates and to prevent the contamination of dry recyclable material in the member states .


### certain raw materials are of a high importance to the economy of the union and their supply is associated with a high risk . in order to ensure security of supply of those raw materials and in line with the raw materials initiative and the objectives and targets of the european innovation partnership on raw materials , member states should take measures to achieve the best possible management of waste containing significant amounts of those raw materials , taking economic and technological feasibility and environmental benefits into account . the commission has established a list of critical raw materials for the eu18 . this list is subject to regular review by the commission . __________________ 18 com 297 . ### certain raw materials are of a high importance to the economy of the union and their supply is associated with a high risk . in order to ensure security of supply of those raw materials and in line with the raw materials initiative and the objectives and targets of the european innovation partnership on raw materials , member states should take measures to achieve the best possible management of waste containing significant amounts of those raw materials , taking economic and technological feasibility and environmental benefits into account . the commission has established a list of critical raw materials for the eu18 . __________________ 18 com 297 .


### the commission shall be empowered to adopt delegated acts in accordance with article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects . ### the council and the parliament shall , by means of the ordinary legislative procedure , and with assistance of the commission , establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects .


### the commission shall organise an exchange of information between member states and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in article 8a and on best practices to ensure adequate governance and cross - border cooperation of extended producer responsibility schemes . this includes , inter alia , exchange of information on the organisational features and the monitoring of producer responsibility organisations , the selection of waste management operators and the prevention of littering . the commission shall publish the results of the exchange of information . ### based on the agreement of the member states in question , the commission may organise an exchange of information between member states and the actors involved in producer responsibility schemes on the practical implementation such schemes and on best practices to ensure adequate governance and cross - border cooperation of extended producer responsibility schemes . this includes , inter alia , exchange of information on the organisational features and the monitoring of producer responsibility organisations , the selection of waste management operators and the prevention of littering . the commission shall publish the results of the exchange of information .


### member states shall take measures , as appropriate , to promote preparing for re - use activities , notably by encouraging the establishment of and support for re - use and repair networks and by facilitating the access of such networks to waste collection points , and by promoting the use of economic instruments , procurement criteria , quantitative objectives or other measures . ### member states may take measures , as appropriate , to promote preparing for re - use activities , notably by encouraging the establishment of and support for re - use and repair networks and by facilitating the access of such networks to waste collection points , and by promoting the use of economic instruments , procurement criteria , quantitative objectives or other measures .


### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , internet of things or artificial intelligence . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation . ### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , internet of things or artificial intelligence . should damage occur , stringent rules on product safety and liability that are clearly and comprehensibly formulated are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation .


### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ; ### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , a guaranteed level playing field , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ;


### empowering , assisting and educating consumers , businesses and civil society ; ensuring a high level of consumer protection , sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions ; ensuring that all consumers have access to redress and ; provision of adequate information on markets and consumers ; ### empowering , assisting and educating consumers , businesses and civil society , through accessible government websites , for example ; ensuring a high level of consumer protection , sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions ; ensuring that all consumers have access to redress and ; provision of adequate information on markets and consumers ;


### it is of particular importance that the commission when preparing the development of the technical screening criteria , carry out appropriate consultations in line with better regulation requirements . the process for the establishment and the update of the technical screening criteria should also involve relevant stakeholders and build on the advice of experts with proven knowledge and experience in the relevant areas . for that purpose , the commission should set up a platform on sustainable finance . this platform should be composed of experts representing both the public and the private sector . public sector representatives should include experts from the european environmental agency , the european supervisory authorities and the european investment bank . private sector experts should include representatives of relevant stakeholders , including financial market actors , universities , research institutes , associations and organisations . the platform should advise the commission on the development , analysis and review of technical screening criteria , including their potential impact on the valuation of assets that until the adoption of the technical screening criteria were considered as green assets under existing market practices . the platform should also advise the commission on whether the technical screening criteria are suitable for further uses in future union policy initiatives aimed at facilitating sustainable investment . ### it is of particular importance that the commission when preparing the development of the technical screening criteria , carry out appropriate consultations in line with better regulation requirements . the process for the establishment and the update of the technical screening criteria should also involve relevant stakeholders and build on the advice of experts with proven knowledge and global experience in the relevant areas . for that purpose , the commission should set up a platform on sustainable finance . this platform should be composed of experts representing both the public and the private sector . public sector representatives should include experts from the european environmental agency , the european supervisory authorities and the european investment bank . private sector experts should reflect the breadth of the sector and include representatives of relevant stakeholders , including financial market actors , universities , research institutes , associations and organisations . where necessary the platform should be allowed to request advice from non - members . the platform should advise the commission on the development , analysis and review of technical screening criteria , including their potential impact on the valuation of assets that until the adoption of the technical screening criteria were considered as green assets under existing market practices . the platform should also advise the commission on whether the technical screening criteria are suitable for further uses in future union policy initiatives aimed at facilitating sustainable investment .


### financial market participants offering financial products as environmentally sustainable investments or as investments having similar characteristics . ### financial market participants offering eu clients financial products as environmentally sustainable investments or as investments having similar characteristics .


### improving water efficiency , facilitating water reuse , or any other activity that protects or improves quality of union’s water bodies in accordance with directive 2000 / 60 / ec ; ### improving water efficiency or any other activity that protects or improves quality of the union’s water bodies in accordance with directive 2000 / 60 / ec ;


### be based on conclusive scientific evidence and take into account , where relevant , the precautionary principle enshrined in article 191 tfeu ; ### be based on conclusive scientific evidence , or in its absence , be based on the prevailing global scientific consensus and take into account , where relevant , the precautionary principle enshrined in article 191 tfeu ;


### by 31 december 2021 , and subsequently every three years thereafter , the commission shall publish a report on the application of this regulation . that report shall evaluate the following : ### by 31 december 2021 , and subsequently every three years thereafter , the commission shall publish a report on the application and impacts of this regulation . that report shall evaluate whether this regulation is sufficiently broad as not to lock - in technological development and innovation , and , on the other hand , not too lax as to have a real effect in guiding resources towards sustainable development . the related impact analyses should be independent and consider the following :


### the progress on the implementation of this regulation with regard to the development of technical screening criteria for environmentally sustainable economic activities ; ### whether the implementation of this regulation has constrained technological progress and innovation , and how the technical screening criteria for environmentally sustainable economic activities should be broadened or relaxed to facilitate innovation ;


### the possible need to revise the criteria set out in this regulation for considering an economic activity environmentally sustainable ; ### whether the framework has had a real impact towards its goals , and if not , how the criteria set out in this regulation should be revised ;


### ‘ sufficient storage capacity’ means enough capacity to store the waste on board from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ; ### ‘ sufficient storage capacity’ means enough capacity on board according to the ships certificates or garbage management plans from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ;


### if the next port of call is located outside the union , or there are good reasons to believe that adequate facilities are not available in the next port of call , or this port is unknown , the member state shall require the ship to deliver all its waste before departure . ### if , on the basis of the information available , including information available electronically in information , monitoring and legislation enforcement systems , as referred to in article 14 or in gsis , it cannot be established that adequate facilities are available in the next port of call , or this port is unknown , the member state shall require the ship to deliver , before departure , all waste that cannot be adequately received and handled at the next port of call .


### if the next port of call is located outside the union , or there are good reasons to believe that adequate facilities are not available in the next port of call , or this port is unknown , the member state shall require the ship to deliver all its waste before departure . ### if the next port of call is located outside the union and there are good reasons to believe that adequate facilities are not available in the next port of call , or the next port of call is unknown , the member state shall require the ship to deliver all its waste before departure .


### the indirect fee shall cover the indirect administrative costs , as well as a significant part of the direct operational costs , as determined in annex 4 . the significant part of the direct operational costs shall represent at least 30 % of the total yearly direct costs for actual delivery of the waste ; ### the indirect fee shall cover the indirect administrative costs , as well as a significant part of the direct operational costs , as determined in annex 4 . the significant part of the direct operational costs shall represent at least 30 % of the total direct costs from the previous year for actual delivery of the waste ;


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the commission shall adopt implementing acts to establish criteria indicating that waste on the ship in question is managed in a sustainable and environmentally - sound manner . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 20 .


### member states shall adopt and publish , by 31st of december 2020 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### by [ 36 months after the date of entry into force of this directive ] , member states shall adopt and publish the statutory , implementing and administrative measures necessary to comply with this directive . they shall communicate to the commission the text of those measures forthwith .


### following completion of its assessment , the commission may issue an opinion identifying concerns that should , in its view , be addressed in the solvit case and , where appropriate , making recommendations to assist in solving the case . ### the commission shall complete its assessment within six weeks of receipt of the request referred to in paragraph 1 . following completion of its assessment , the commission shall issue an opinion identifying concerns if any that should , in its view , be addressed in the solvit case and , where appropriate , making recommendations to assist in solving the case .


### market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources and providing incentives for energy efficiency ; ### market rules shall support the decarbonisation of the economy through incentives for the development and deployment of capital - intensive , low - carbon generation and energy efficiency ;


### by [ op : one year after entry into force ] member states shall establish a single estimate of the value of lost load for their territory , expressed in &#8364 ; / mwh . that estimate shall be reported to the commission and made publically available . member states may establish different voll per bidding zone if they have several bidding zones in their territory . in establishing voll , member states shall apply the methodology developed pursuant to article 19 . ### by [ op : one year after entry into force ] member states shall establish a single estimate of the value of lost load for their territory , expressed in &#8364 ; / mwh . that estimate shall take into account economic conditions of consumers and shall be reported to the commission and made publically available . member states may establish different voll per bidding zone if they have several bidding zones in their territory . member states may establish different voll per group of similar consumers . in establishing voll , member states shall apply the methodology developed pursuant to article 19 .


### the maximum capacity of the interconnections and / or the transmission networks affecting cross - border flows shall be made available to market participants , complying with safety standards of secure network operation . counter - trading and redispatch , including cross - border redispatch , shall be used to maximise available capacities unless it is demonstrated that it is not beneficial to economic efficiency at union level . ### the maximum capacity of the interconnections , contracted energy storage capacity and levels , and / or the transmission networks affecting cross - border flows shall be made available to market participants , complying with safety standards of secure network operation .


### regional week ahead to intraday system adequacy forecasts and preparation of risk reducing actions ; ### regional week ahead up to day ahead system adequacy forecasts and preparation of risk reducing actions in accordance with the methodology set out article 8 of [ regulation on risk preparedness as proposed by com 862 ] and the procedures set out in article 81 of [ the commission regulation establishing a guideline on electricity transmission system operation ] ;


### transmission system operators shall provide their regional operational centre with the information necessary to carry out its functions . ### transmission system operators shall provide their regional security coordinator with the information necessary to carry out its services .


### regional operational centres shall provide transmission system operators of the system operation region with all the information necessary to implement the decisions and recommendations proposed by the regional operational centres . ### regional security coordinators shall provide transmission system operators of the capacity calculation region with all the information necessary to implement recommendations proposed by the regional security coordinators .


### regional operational centres shall develop a procedure for the revision of decisions and recommendations . ### regional security coordinators shall develop a procedure for the revision of recommendations .


### deciding upon and implementing the organisational structure ; ### implementing the organisational structure ;


### the effectiveness and efficiency of each of the functions for which they are responsible . ### the effectiveness and efficiency of each of their services .


### in a spirit of shared responsibility , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through presence of experts from its own staff in member states . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment . ### undertaking a shared responsibility with the member states , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also in full cooperation with member states and respecting the rights of non - schengen countries . the agency should therefore be able to deploy liaison officers to specific member states with their consent for a period of time during which the liaison officer reports to the executive director and the relevant head of the member state border and coastguard agency . the report of the liaison officers should form part of the vulnerability assessment .


### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular immigration or cross - border crime . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff . ### the european border and coast guard agency should offer appropriate additional technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border . in this respect , the european border and coast guard agency should , at the request of a member state , engage in joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff as required and when requested .


### the european border and coast guard agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions . to this end , when launching rapid border interventions at the request of a member state or in the context of a situation requiring urgent action , the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the member states , which should amount to a minimum of 1 500 . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams as appropriate . ### the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of an adequate percentage of the total number of border guards in the member states . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams as appropriate .


### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory . ### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . while developing training tools and providing trainings , special attention should be given to training on children’s rights . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory .


### the european border and coast guard agency and the national authorities of member states which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall constitute the european border and coast guard . ### the european border and coast guard agency and the national authorities of member states which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall undertake common european border and coast guard missions , respecting national sovereignty over border management while also enhancing wider european security .


### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coastguard agency shall be established for a 3 - year period and propose an annual operational and technical strategy , with clear objectives and measurable targets for improved border security and management .


### deploy european border and coast guard teams and technical equipment to provide assistance in screening , identification and fingerprinting in the framework of the migration management support teams at hotspot areas ; ### deploy european border and coast guard teams and technical equipment to provide assistance to the european asylum support office and / or national authorities in each member state which are responsible for border control or for other tasks carried out at the external border in terms of screening , identifying and fingerprinting in the framework of the migration management support teams at hotspot areas ;


### deploy european border and coast guard teams in the framework of the migration management support teams at hotspot areas ; ### deploy european border and coast guard teams in the framework of the migration management support teams at hotspot areas to conduct return operations ;


### the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals ; ### providing assistance in the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals ;


### the rapid reserve pool shall be a standing corps placed at the immediate disposal of the agency and which can be deployed from each member state within three working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , make available to the agency a number of border guards commensurate to at least 3% of the staff of member states without land or sea external borders and 2% of the staff of member states with land or sea external borders , and which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board . ### the rapid reserve pool shall be a stand by pool which can be deployed from each member state within three working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , earmark a number of border guards commensurate to at least 3% of the staff of member states without land or sea external borders and 2% of the staff of member states with land or sea external borders , and which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board .


### members of the teams shall , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , including access to asylum procedures , and human dignity . any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### members of the teams shall , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , and human dignity . any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation .


### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union , relevant international law , including the convention relating to the status of refugees and obligations related to access to international protection , in particular the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy . ### the european border and coast guard shall respect protection of human rights in the performance of its tasks under this regulation .


### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation . ### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , persons in need of medical assistance , persons in distress at sea and other persons in a particularly vulnerable situation .


### the agency shall draw up and further develop a code of conduct applicable to all border control operations coordinated by the agency . the code of conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation , as well as on persons seeking international protection , applicable to all persons participating in the activities of the agency . ### the agency shall draw up and further develop a code of conduct applicable to all border control operations coordinated by the agency except for returns . the code of conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation , applicable to all persons participating in the activities of the agency .


### the agency shall develop and regularly update a code of conduct for the return of illegally staying third - country nationals which shall apply during all return operations and return interventions coordinated or organised by the agency . that code of conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions , and assure return in a humane manner and with full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , the right to liberty and security and the right to the protection of personal data and non - discrimination . ### the agency shall adhere to the return handbook for the return of illegally staying third - country nationals which shall apply during all return operations and return interventions coordinated or organised by the agency , ensuring that the common standards and procedures of directive 2008 / 115 / ec are implemented .


### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency . ### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools , including child specific measures when children are involved , and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency .


### the use by the agency of personal data collected and transmitted to it by the member states or by its own staff in the context of joint operations , pilot projects and rapid border interventions , and by migration management support teamsshall be limited to : ### calls on member states to ensure the regular and accurate update of eu databases including the schengen information system and the european criminal records information system , so that all available information can be utilised by the frontex agency in order to ensure the security of the eu ' s external border and the good functioning of the schengen area . the use by the agency of personal data collected and transmitted to it by the member states or by its own staff in the context of joint operations , pilot projects and rapid border interventions , and by migration management support teams shall include :


### the fundamental rights officer shall be independent in the performance of his or her duties as a fundamental rights officer , he or she shall report directly to the management board and cooperate with the consultative forum . the fundamental rights officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights . ### the fundamental rights officer shall be independent in the performance of his or her duties as a fundamental rights officer , he or she shall report directly to the management board and cooperate with the consultative forum . the fundamental rights officer shall report on a regular basis .


### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ; ### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry out an economic activity in a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ;


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled or owned by the government of a third country , including through significant funding .


### the opinion of the commission shall be communicated to the other member states . ### any advisory opinion under article 8 of the commission shall be communicated to the other member states .


### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 and directive 2007 / 2 / ec of the european parliament and of the council32 . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . ### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate interoperable technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 and directive 2007 / 2 / ec of the european parliament and of the council32 . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community .


### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . ### in the absence of harmonisation the level of transparency and access to data of public sector bodies , bodies governed by public law and public undertakings remains within the competence of each member state . however , once publicly available , the directive lays down an obligation for member states to make all publicly available documents re - usable unless access is restricted or excluded under national rules , national law including the case - law on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use .


### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed interoperable application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , interoperability of apis , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states .


### an eu - wide list of datasets with a particular potential to generate socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . in the process leading to the establishment of the list , the commission should carry out appropriate consultations , including at expert level . the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the categories indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 . ### an eu - wide list of datasets within the categories specified in the directive with a particular potential to generate european wide socio - economic benefits together with harmonised re - use conditions constitutes an important enabler of cross - border data applications and services . in the process leading to the establishment of the list , the commission should carry out appropriate consultations , including at expert level . the list should take into account sectoral legislation that already regulates the publication of datasets , as well as the relevant categories within the categories specified in the directive indicated in the technical annex of the g8 open data charter and in the commission ' s notice 2014 / c 240 / 01 .