### support for direct payments under the cap strategic plans should be granted within national allocations to be fixed by this regulation . these national allocations should reflect a continuation of the changes whereby the allocations to member states with the lowest support level per hectare are gradually increased to close 50% of the gap towards 90% of the union average . in order to take into account the reduction of payments ' mechanism and the use of its product in the member state , the total indicative financial allocations per year in the cap strategic plan of a member state should be allowed to exceed the national allocation . ### support for direct payments under the cap strategic plans should be granted within national allocations to be fixed by this regulation . these national allocations should reflect the continuation of changes , which consist of a gradual change of the allocation for member states towards the eu average . by the end of the multi - annual financial perspective 2021 - 2027 , the difference in the level of support per hectare should disappear completely and the level of support per hectare should be equal in all member states by 2027 at the latest . in order to take into account the reduction of payments ' mechanism and the use of its product in the member state , the total indicative financial allocations per year in the cap strategic plan of a member state should be allowed to exceed the national allocation .


### the union financial assistance to the interventions referred to in paragraph 2 shall be maximum 50% of the expenditure . the remaining part of the expenditure shall be borne by the member states . ### the union financial assistance to the interventions referred to in paragraph 1 , shall be the equivalent of 50% of the expenditure incurred by the member states .


### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard . ### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . support should be conditional on the respect of strict sustainability criteria , including on animal welfare , and animal health . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard .


### member states shall aim to make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental - and climate - related objectives set out in points , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 . ### member states shall aim to make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental , climate and animal welfare - related objectives set out in points , , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 .


### member states shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made . where necessary , they may also cover transaction costs . in duly justified cases , member states may grant support as a flat - rate or as a one - off payment per unit . payments shall be granted annually . ### member states shall specify to beneficiaries payments on the basis of additional costs and income foregone resulting from the commitments made . where necessary , they may also cover transaction costs . in duly justified cases , member states may grant support as a flat - rate or as a one - off payment per unit . payments shall be granted annually .


### those practices shall be designed to meet one or more of the specific environmental - and climate - related objectives laid down in points , and of article 6 . ### those practices shall be designed to meet one or more of the specific environmental - , climate - related and animal welfare - related objectives laid down in points , , and of article 6 .


### where support under this type of interventions is granted to agri - environment - climate commitments , commitments to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and forest environmental and climate services , member states shall establish a payment per hectare . ### where support under this type of interventions is granted to agri - environment - climate commitments , commitments to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and forest environmental and climate services , member states shall establish a payment per hectare , animal or other defined unit .


### during the negotiations the commission should have the possibility to advice on how to avoid incompatibility with union law . in particular , the commission could develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions . ### during the negotiations the commission should have the possibility to advise on how to avoid incompatibility with union law . in particular , the commission should develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions .


### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services may provide it with advice on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with union law . that member state may also request the assistance of the commission in those negotiations . ### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services shall provide it with advice on how to ensure that the intergovernmental agreement or the amendment to an existing intergovernmental agreement under negotiation , or other text to which it explicitly refers , comply with union law and the union ' s energy security objectives .


### upon adopting a non - binding instrument or an amendment to a non - binding instrument , the member state concerned shall notify the non - binding instrument or the amendment , including any annexes thereto , to the commission . ### before adopting a non - binding instrument or an amendment to a non - binding instrument , the member state concerned shall promptly notify the non - binding instrument or the amendment , including any annexes thereto , to the commission .


### when signing , ratifying or agreeing to an intergovernmental agreement or amendment , the member state concerned shall take utmost account of the commission ' s opinion referred to in paragraph 2 . ### before signing , ratifying or agreeing to an intergovernmental agreement or amendment , the member state concerned shall demonstrate how objections expressed in the commission ' s opinion as referred to in paragraph 2 have been addressed in order to ensure full compliance with union law and the union ' s energy security objectives .


### where the commission participates in the negotiations as an observer , it may provide the member state concerned with advice on how to avoid the incompatibility of the intergovernmental agreement or amendment under negotiation with union law . ### in the course of the negotiations , the commission shall provide the member state concerned with advice on how to ensure that the intergovernmental agreement or amendment under negotiation complies with union law and the union ' s security objectives .


### where the commission informs the member state concerned pursuant to paragraph 1 that it has doubts , it shall inform the member state concerned of its opinion on the compatibility with union law , in particular with internal energy market legislation and union competition law , of the draft intergovernmental agreement or amendment concerned within 12 weeks of the date of notification referred to in paragraph 1 . in the absence of an opinion from the commission within that period , the commission shall be deemed not to have raised any objections . ### where the commission informs the member state concerned pursuant to paragraph 1 that it finds the intergovernmental agreement or amendment to be incompatible with union law , it shall provide the member state with a detailed opinion within 12 weeks of the date of notification referred to in paragraph 1 . in the absence of an opinion from the commission within that period , the commission shall be deemed not to have raised any objections .


### the commission shall assess intergovernmental agreements notified in accordance with paragraph 1 or 2 . where , following its first assessment , the commission has doubts as to the compatibility of those agreements with union law , in particular with internal energy market legislation and union competition law , the commission shall inform the member states concerned accordingly within nine months of the notification of those agreements . ### the commission shall assess intergovernmental agreements notified in accordance with paragraph 1 or 2 . where , following its first assessment , the commission has doubts as to the compatibility of those agreements with union law , in particular with internal energy market legislation , union competition law , public procurement rules , environmental rules and the union ' s security objectives , the commission shall inform the member states concerned accordingly within nine months of the notification of those agreements .


### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law , in particular with internal energy market legislation and union competition law , the commission may inform the member state concerned accordingly . ### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law , in particular with internal energy market legislation , union competition law , public procurement rules , environmental rules and the union ' s energy security objectives , the commission shall inform the member state concerned accordingly .


### the obligation to notify to the commission according to paragraphs 1 and 2 does not apply in respect of agreements between undertakings . ### the obligation to notify to the commission according to paragraphs 1 and 2 does not apply in respect of agreements between undertakings , which are to be notified to the commission in accordance with regulation 2016 / . . . of the european parliament and of the council 1a . __________________ 1a regulation 2016 / . . . of the european parliament and of the council a of . . . concerning measures to safeguard the security of gas supply and repealing regulation no 994 / 2010 [ cod 2016 / 0052 - sos regulation ] .


### ‘ non - binding instrument’ means a legally non - binding arrangement between one or more member states and one or more third countries , such as a memorandum of understanding , joint declaration , ministerial joint declaration , joint action or joint code of conduct , which contains interpretation of union law , sets the conditions for energy supply or the development of energy infrastructures ; ### ‘ non - binding instrument’ means a legally non - binding arrangement between one or more member states and one or more third countries , such as a memorandum of understanding , joint declaration , ministerial joint declaration , joint action or joint code of conduct , which contains interpretation of union law , sets the conditions for energy supply or the development or operation of energy infrastructures ;


### the commission should assess the compatibility with union law of intergovernmental agreements that entered into force or are applied provisionally prior to the entry into force of this decision and inform the member states accordingly . in the event of incompatibility , member states should take all necessary steps to find a suitable solution to eliminate the incompatibility identified . ### the commission should assess the compatibility with union law of intergovernmental agreements that entered into force or are applied provisionally prior to the entry into force of this decision and inform the member states accordingly . in the event of incompatibility , member states should find a suitable solution to eliminate the incompatibility identified .


### the commission should facilitate and encourage coordination between member states with a view to enhancing the overall strategic role of the union through a strong and effective coordinated approach to producer , transit , and consumer countries . ### the commission should facilitate and ensure coordination between member states with a view to enhancing the overall strategic role of the union through a strong and effective coordinated approach to producer , transit , and consumer countries .


### this decision should not create obligations as regards agreements between undertakings . however , member states should be free to communicate to the commission , on a voluntary basis , such agreements that are referred to explicitly in intergovernmental agreements or non - binding instruments . ### this decision should not create obligations as regards agreements between undertakings which are subject to notification under regulation 2016 / … of the european parliament and of the council 1a . member states should be free to communicate to the commission , on a voluntary basis , other agreements that are referred to explicitly in intergovernmental agreements or non - binding instruments . __________________ 1a regulation 2016 / … of the european parliament and of the council of … concerning measures to safeguard the security of gas supply and repealing regulation no 994 / 2010 [ cod 2016 / 0052 - sos regulation ] .


### on the basis of best practices and in consultation with member states , developing optional model clauses , which , if applied , would significantly improve compliance of future intergovernmental agreements and non - binding instruments with union law ; ### on the basis of best practices and in consultation with member states , developing , by … [ insert the date : 1 year after entry into force of this decision ] , optional model clauses , which , if applied , would significantly improve compliance of future intergovernmental agreements and non - binding instruments with union law ;


### the commission shall , within six weeks of the date of notification of the complete draft intergovernmental agreement or amendment , including annexes thereto , pursuant to article 3 , inform the member state concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement or amendment with union law , in particular with internal energy market legislation and union competition law . in the absence of a response from the commission within that period , the commission shall be deemed not to have any such doubts . ### the commission shall , within six weeks of the date of notification of the complete draft intergovernmental agreement or amendment , including annexes thereto , pursuant to article 3 , inform the member state concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement or amendment , or other text to which it explicitly refers with union law , in particular with internal energy market legislation , union competition law , public procurement rules , environmental rules and the union ' s energy security objectives . in the absence of a response from the commission within that period , the commission shall be deemed not to have any such doubts .


### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ‘ carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ‘ cross - contamination ' is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned . ### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ' cross - contamination ' is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum limits for levels of carry - over for active substances contained in non - target feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . in the interim , a general maximum limit should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned .


### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ' cross - contamination ' is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned . ### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ' carry - over ' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed . carry - over of active substances contained in medicated feed to non - target feed should be avoided or strictly kept as low as possible . in order to protect animal health , human health and the environment , maximum limits for levels of carry - over for active substances contained in non - target feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned .


### the commission shall be empowered to adopt delegated acts in accordance with article 19 concerning the establishment of specific carry - over limits for active substances . ### the commission shall be empowered to adopt delegated acts in accordance with article 19 concerning the establishment of carry - over limits for specific active substances in case of risk for animal or human health or for the environment on the basis of risk assessments conducted by efsa .


### medicated feed should be marketed in sealed containers for safety reasons and to protect user ' s interest . ### medicated feed should be marketed in sealed containers for safety reasons and to protect user ' s interest . however , appropriate derogations should be provided for where the application of this requirement is not necessary to protect human or animal health or consumer interests , and would represent an excessive administrative and technical burden .


### medicated feed containing antimicrobial veterinary medicinal products shall not be used to prevent diseases in food - producing animals or to enhance their performance . ### medicated feed containing antimicrobial veterinary medicinal products shall not be used to enhance the performance of food - producing animals . medicated feed containing antimicrobial veterinary medicinal products , specifically antibiotics , may be permitted in exceptional cases before a disease is diagnosed or clinical signs are present under prescription on the basis of the epidemiological and clinical knowledge of the person who issued the prescription .


### where no specific carry - over limits have been set for an active substance , the following carry - over limits shall apply : ### where no specific carry - over limits have been set for an active substance , the carry - over limit shall be set at 3% of the active substance in the last batch of medicated feed or of intermediate product produced before the production of non - target feed .


### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded . ### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded .


### the isa2 programme should be an instrument for public - sector modernisation in the union . ### the isa2 programme is one of the many instruments for the encouragement of public - sector modernisation in the union . modernising european administrations and increasing their interoperability is a prerequisite for the completion of the digital single market , which will lead to the modernisation of traditional industry , and which has estimated gains of eur 500 billion in additional annual growth , and which can give a substantial boost to job creation in the union . member states should continue to modernise their administrations by improving business processes and ict infrastructures . this decision should be in line with the commission ' s commitment to enable european citizens fully to benefit from interoperable e - services , from e - government to e - health , prioritising the removal of obstacles such as unconnected e - services in order to make the single market freedoms of the union ' go digital ' .


### the commission should report regularly to the council and the european parliament on the effects of the scheme . no later than three years after entering into force and every six years thereafter , the commission should review the functioning and the effectiveness of this regulation , including as regards the promotion of responsible sourcing of the minerals within its scope from conflict - affected and high - risk areas . the reports may be accompanied , if necessary , by appropriate legislative proposals , which may include mandatory measures , ### the commission should report regularly to the european parliament and the council on the effects of the scheme . two years after the date of entry into application , and every three years thereafter , the commission should review the functioning and the effectiveness of this regulation , including as regards the promotion of responsible sourcing of the minerals within its scope from conflict - affected and high - risk areas . the reports may be accompanied , if necessary , by appropriate legislative proposals , which may include mandatory measures ,


### smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting , disclosing and verifying information on the mineral ' s origin and chain of custody . after this stage of transformation it is often considered unfeasible to trace back the origins of minerals . a union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practices . ### smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting , disclosing and verifying information on the mineral ' s origin and chain of custody . after this stage of transformation it is often unfeasible to trace back the origins of minerals . the same applies to recycled metals , which have undergone even further steps in the transformation process . publicly available union lists of responsible smelters , importers and refiners could therefore provide transparency and certainty to downstream companies and consumers as regards supply chain due diligence practices . such lists should be published in consultation with the oecd , the london bullion market association , the conflict - free smelter programme , the responsible jewellery programme and other equivalent schemes .


### the commission should report regularly to the council and the european parliament on the effects of the scheme . no later than three years after entering into force and every six years thereafter , the commission should review the functioning and the effectiveness of this regulation , including as regards the promotion of responsible sourcing of the minerals within its scope from conflict - affected and high - risk areas . the reports may be accompanied , if necessary , by appropriate legislative proposals , which may include mandatory measures , ### the commission should report regularly to the european parliament and the council on the effects of the scheme . two years after the date of entry into application and every three years thereafter , the commission should review the functioning and the effectiveness of this regulation and the latest impact of the scheme on the ground as regards the promotion of responsible sourcing of the minerals within its scope from conflict - affected and high - risk areas and report to the european parliament and to the council . in reviewing , the commission should fully analyse and evaluate all aspects of the regulation and its effects and its costs , taking into consideration the percentage market share certified conflict free for each mineral in scope , the percentage of smelters , refiners and importers doing due diligence , any possible trade diversion from mining areas and its impacts on livelihoods on people working on the ground , with a particular focus on artisanal miners . furthermore , the review should include extensive stakeholder outreach with governments , business and local civil society as well as those directly affected on the ground in conflict areas . the reports may be accompanied , if necessary , by appropriate legislative proposals ,


### ' conflict - affected and high - risk areas ' means areas in a state of armed conflict , fragile post - conflict as well as areas witnessing weak or non - existent governance and security , such as failed states , and widespread and systematic violations of international law , including human rights abuses ; ### ' conflict - affected and high - risk areas ' means areas in a state of armed conflict , fragile post - conflict as well as areas of non - existent governance and security , such as failed states , characterised by widespread and systematic violations of human rights , as established under international law ;


### in the context of this regulation , supply chain due diligence is an on - going , proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they do not contribute to conflict and adverse impacts thereof . ### in the context of this regulation , supply chain due diligence is an on - going , proactive and reactive process through which importers may monitor and administer their supply chains with a view to ensuring that they do not contribute to conflict and adverse impacts thereof .


### natural mineral resources in conflict - affected or high risk areas &#8722 ; although holding great potential for development &#8211 ; can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict , undermining national endeavours towards development , good governance and the rule of law . in these areas , breaking the nexus between conflict and illegal exploitation of minerals is critical to peace and stability . ### natural mineral resources in conflict - affected or high risk areas &#8722 ; although holding great potential for development &#8211 ; can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict , undermining endeavours towards development , good governance and the rule of law . in these areas , breaking the nexus between conflict and illegal exploitation of minerals is a critical element in guaranteeing peace , development and stability .


### 20% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg , when it amounts to more than the distance referred to in point . ### 15% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg , when it amounts to more than the distance referred to in point .


### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation , including the transport of empty load units before and after the transport of goods . ### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation .


### by providing for a period of supplementary protection of up to five years , regulation no 469 / 2009 seeks to promote , within the union , the research and innovation that is necessary to develop medicinal products , and to contribute to preventing the relocation of pharmaceutical research outside the union to countries that may offer greater protection . ### by providing for a period of supplementary protection of up to five years , regulation no 469 / 2009 seeks to promote , within the union , the research and innovation that is necessary to develop newer generation medicinal products that support the treatment of new disease entities or offer better therapeutic effects , and to contribute to preventing the relocation of pharmaceutical research outside the union to countries that may offer greater protection .


### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate . ### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where supplementary protection does not exist , has expired or where there are indications that medicinal products may be re - exported or sold at dumping prices . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate .


### in those specific and limited circumstances , and in order to create a level playing field between union - based manufacturers and third country manufacturers , it is appropriate to restrict the protection conferred by a supplementary protection certificate so as to allow making for the exclusive purpose of export to third countries and any related acts strictly necessary for making or for the actual export itself . ### in those specific and limited circumstances , and in order to create a level playing field between union - based manufacturers and third country manufacturers , it is appropriate to restrict the protection conferred by a supplementary protection certificate so as to allow making for the exclusive purpose of export to third countries and any related acts strictly necessary for making , for the actual export itself and also for re - export or sale of medicinal products at dumping prices .


### possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that : ### possess qualities and performance capabilities which are of a satisfactory quality compared to goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that :


### be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of the conclusion of the contract and which the seller has accepted ; and ### be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of conclusion of the contract ; and


### ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy . similarly , keeping non - compliant products out of the union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market . for these purposes , product specific union legislation is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products , using for this purpose adapted criteria . this directive should therefore be complementary to the objectives followed in this union sector specific legislation . in so far as specific durability information is indicated in any pre - contractual statement which forms part of the sales contract , the consumer should be able to rely on them as a part of the criteria for conformity . ### ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy . similarly , keeping non - compliant products out of the union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase consumer trust in the single market . for these purposes , product specific union legislation is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products , using for this purpose adapted criteria . this directive should therefore be complementary to the objectives followed in this union sector specific legislation . in so far as specific durability information is indicated in any pre - contractual statement which forms part of the sales contract , the consumer should be able to rely on them as a part of the criteria for conformity .


### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than two years from the relevant time for establishing conformity with the contract . ### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years from the relevant time for establishing conformity . where the consumer can reasonably expect that the lifespan of a product is longer than two years , and the lack of conformity becomes apparent within that lifespan , the consumer shall also be entitled to a remedy for that lack of conformity . in order to determine the lifespan of a product which is reasonable for the consumer to expect , all circumstances shall be taken into account , including in particular : durability requirements laid down by product - specific legislation , or durability information indicated in any pre - contractual or public statement made by the seller , or , where relevant , by other persons in earlier links of the chain of transactions , including the producer . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than the time limit specified in the first subparagraph of this paragraph .


### in order to allow businesses to rely on a single set of rules across the union , it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer . within the first two years , in order to benefit from the presumption of lack of conformity , the consumer should only establish that the good is not conforming , without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity . in order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the digital single market , a fully harmonised order in which remedies can be exercised should be provided for . in particular , the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust . moreover , enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products . ### in order to allow businesses to rely on a single set of rules across the union , it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer . within the first year , in order to benefit from the presumption of lack of conformity , the consumer should only establish that the good is not conforming and that the lack of conformity became apparent within a year of delivery of the goods , without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity . in order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the digital single market , a fully harmonised order in which remedies can be exercised should be provided for .


### the consumer ' s choice between repair and replacement should only be limited where the option chosen would be disproportionate compared to the other option available , impossible or unlawful . for instance , it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while , at the same time , the scratch could easily be repaired . ### the consumer ' s choice between repair or replacement should only be limited where the remedy chosen would be disproportionate compared to the alternative remedy available , impossible or unlawful . for instance , it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while , at the same time , the scratch could easily be repaired . where , however , only one remedy is available and that remedy imposes costs on the seller that are disproportionate with regard to the value the goods would have if there were no lack of conformity and to the significance of the lack of conformity , it should be possible to limit the consumer ' s right to reimbursement of the cost of removing the non - conforming goods and of installing the replacement goods to a payment by the seller of a proportionate amount .


### be of the quantity , quality and description required by the contract , which includes that where the seller shows a sample or a model to the consumer , the goods shall possess the quality of and correspond to the description of this sample or model ; ### be of the quantity , quality and description required by the contract , including in any pre - contractual statement which forms an integral part of the contract . where the seller shows a sample or a model to the consumer , the goods shall possess the quality of and correspond to the description of that sample or model ;


### considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed , the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor . this would provide a strong incentive to remedy all cases of a lack of conformity at an early stage . in order to make the right to terminate effective for consumers , in situations where the consumer acquires multiple goods , some being an accessory to the main item which the consumer would not have acquired without the main item , and the lack of conformity impacts that main item , the consumer should have the right to terminate the contract also in relation to the accessory elements , even if the latter are in conformity with the contract . ### considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed , the consumer should enjoy the right to terminate the contract in cases where the lack of conformity is not minor . in order to make the right to terminate effective for consumers , in situations where the consumer acquires multiple goods , some being an accessory to the main item which the consumer would not have acquired without the main item , and the lack of conformity impacts that main item , the consumer should have the right to terminate the contract also in relation to the accessory elements , even if the latter are in conformity with the contract .


### conformity should cover material defects as well as legal defects . third party rights and other legal defects might effectively bar the consumer from enjoying the goods in accordance with the contract when the right ' s holder rightfully compels the consumer to stop infringing those rights . therefore the seller should ensure that the goods are free from any right of a third party , which precludes the consumer from enjoying the goods in accordance with the contract . ### conformity should cover fully material defects as well as legal defects . third party rights and other legal defects might effectively bar the consumer from enjoying the goods in accordance with the contract when the rights holder rightfully compels the consumer to stop infringing those rights . therefore the seller should ensure that the goods are free from any right of a third party , which precludes the consumer from enjoying the goods in accordance with the contract .


### the guarantee statement shall be made available on a durable medium and drafted in plain , intelligible language . it shall include the following : ### the guarantee statement shall be made available to the consumer on paper or , if the consumer agrees , on another durable medium and shall be drafted in plain , intelligible language . a paper copy of the guarantee statement shall be provided to the consumer upon request and free of charge . it shall include the following :


### where the seller remedies the lack of conformity with the contract by replacement , the seller shall take back the replaced goods at the seller ' s expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller ' s attention by the consumer . ### where the seller remedies the lack of conformity with the contract by replacement , the seller shall take back the replaced goods at the seller ' s expense unless the parties have explicitly agreed otherwise after the lack of conformity with the contract has been brought to the seller ' s attention by the consumer . such explicit consent shall not be a default option which the consumer is required to agree to in order to make the purchase .


### the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the notice and shall bear the cost of the reimbursement ; ### the seller shall reimburse to the consumer the price paid without undue delay after receipt of the notice referred to in paragraph 1&#160 ; and in any event not later than 14 days after having received the returned goods , and shall bear the cost of the reimbursement ;


### possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that : ### possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that :


### the consumer shall be entitled to a proportionate reduction of the price in accordance with article 12 or to terminate the contract in accordance with article 13 where : ### the consumer shall be entitled to a proportionate reduction of the price in accordance with article 12 or to terminate the contract in accordance with article 13 for a lack of conformity with the contract which is not minor where :


### the action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different member states . the undertakings which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other . ### the action shall be undertaken in a cooperation of at least three entities which are established in at least two different member states . the entities which are beneficiaries shall not effectively be controlled , directly or indirectly , by the same entity or shall not control each other .


### to support and leverage the cooperation between undertakings , including small and medium - sized enterprises , in the development of technologies or products in line with defence capability priorities commonly agreed by member states within the union ; ### to support and leverage the cross - border cooperation between undertakings , including small and medium - sized enterprises as well as intermediate manufacturing enterprises , in the value chains of defence technologies or products ; where appropriate , regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , shall also be taken into account ;


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation including that of smes and mid - caps in projects implemented under the programme as well as their participation to the value chains of defence technologies or products . the report should also include information on the origin of beneficiaries .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the competitiveness of europe ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , should also be taken into account . the programme complements and supplements other research activities at the european , national or nato levels , and does not lead to duplicated efforts at any level .


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between entities , including research centers , in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts on the basis of the award criteria of article 10 . ### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts to be validated upon request by member states , on the basis of the eligibility and award criteria set out in articles 6 , 7 , 9 and 10 .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , should also be taken into account .


### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts on the basis of the award criteria of article 10 . ### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts to be validated upon request by member states , on the basis of the eligibility and award criteria set out in articles 6 , 7 , 8and 10 .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of european defence industries by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies .


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of european defence industries inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of european defence industries . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### national authorities of the member states experience difficulties in returning illegally staying third - country nationals who possess no valid travel documents . ### due to a lack of harmonisation of travel documents issued in the union , there is a low recognition rate by third countries of travel documents issued by member states for third - country nationals who possess no valid travel document . this has been identified as one of the reasons why member states experience difficulties in enforcing the return of illegally staying third - country nationals .


### in order to amend or supplement certain non - essential elements of the model for a european travel document for return , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to amend or supplement certain non - essential elements of the model for a european travel document for return , and to facilitate the assistance provided by frontex and the european asylum support office to member states for the purpose of enforcing union travel documents , including with regard to identifying individuals , issuing travel documents and enhancing consular cooperation with third countries , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of [ date ] . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### a photograph ; ### a passport photograph ;


### the return of third - country nationals who do not fulfil or no longer fulfil the conditions for entry , stay or residence in the member states , in full respect of fundamental rights , in particular of the principle of non - refoulement , and in compliance with the provisions of directive 2008 / 115 / ec9 , is an essential part of the comprehensive efforts to ensure the credibility and proper functioning of the union migration policies and to reduce and deter irregular migration . ___________________ 9 . directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### the return of third - country nationals who do not fulfil or no longer fulfil the conditions for entry , stay or residence in the member states , in full respect of fundamental rights , in particular of the principle of non - refoulement , and in compliance with the provisions of directive 2008 / 115 / ec of the european parliament and of the council1 , is an essential part of the comprehensive efforts to ensure the credibility , public confidence and proper functioning of the union migration policies and to reduce and deter irregular migration . ___________________ directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### it is therefore necessary to promote the acceptance by third countries of an improved european return laissez - passer as the reference document for return purposes . ### it is therefore necessary to promote the acceptance by third countries of an improved and harmonised european return laissez - passer as the document for return purposes .


### with regard to the processing of personal data within the framework of this regulation , competent authorities shall carry out their tasks for the purposes of this regulation in accordance with the national laws , regulations or administrative provisions transposing directive 95 / 46 / ec . 12 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### with regard to the processing of personal data within the framework of this regulation , competent authorities should carry out their tasks for the purposes of this regulation in accordance with the national laws , regulations or administrative provisions transposing directive 95 / 46 / ec of the european parliament and of the council1a ; and with the specific data protection requirements laid down in this regulation . ____________________ a directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### where necessary , additional documents necessary for the return of third - country nationals may be attached to the european travel document for return . ### where necessary , available , and relevant additional documents , particularly in regard to ensuring cooperation with third countries in the area of security and the fight against human trafficking , shall be attached to the european travel document for return .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in education and training , in innovative health solutions and new effective medicines ; in research and development , particularly in new types of renewable energy and low - carbon technologies and alternative fuels ; in projects which are still in their demonstration phase ; in eco - innovation ; in information and communications technology ;


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives , in particular the europe 2020 strategy , the 2030 framework for climate and energy policies , and the innovation union .


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### sustainable infrastructure projects in the environmental , natural resources , resource efficiency , urban development and social fields ;


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in research and development , innovation , education and training , health , and information and communications technology ;


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be economically viable and compliant with article 101 of the treaty on the functioning of the european union and union policies , in particular the europe 2020 growth strategy , the 2030 framework for climate and energy policies , and the innovation union , and support any of the following general objectives :


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and , where possible , in the general objectives referred to in article 5 . they shall be appointed by the steering board for a fixed term of three years , renewable only once .


### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . ### in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . the commission shall ensure that any funds taken under annex ii of regulation 1291 / 2013 ) are only withdrawn from those programmes that fund close to market activities , in order to protect basic and early - stage research activities that do not stand to benefit directly from this regulation . furthermore , the efsi must leverage the eu guarantee to multiply the financial effect within those areas of research , development and innovation and transport , telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned horizon 2020 and connecting europe facility programmes .


### expansion of renewable energy and energy and resource efficiency ; ### development and expansion of renewable energy technologies and energy and resource efficiency ;


### the member state responsible for the manual processing of applications pursuant to this article shall be the member state of first entry as declared by the applicant in accordance with article 15 . ### the member state responsible for the manual processing of applications pursuant to this article shall be the member state which has supplied the data that led to the hit or , where there is none , the member state of first entry as declared by the applicant in accordance with article 15 .


### a travel authorisation shall be valid for five years or until the end of validity of the travel document registered during application , whichever comes first , and shall be valid for the territory of the member states . ### a travel authorisation shall be valid for three years or until the end of validity of the travel document registered during application , whichever comes first , and shall be valid for the territory of the member states . however , for categories of applicants exempt from paying the fee in accordance with article 16 , the travel authorisation shall be valid for a single entry .


### interoperability between the etias information system and other information systems consulted by etias such as [ the entry / exit system ] , the visa information system , the europol data , the schengen information system , [ the eurodac ] and [ the european criminal records information system ] shall be established to enable carrying out the risk assessment referred to in article 18 . ### interoperability between the etias information system and other information systems consulted by etias shall be established to enable carrying out the risk assessment referred to in article 18 .


### the economic impact of the electricity crisis and the impact of the measures taken on the electricity sector , in particular the volumes of energy non - served and the level of manual demand disconnection ; ### the economic impact of the electricity crisis , the economic impact on power generators and the impact of the measures taken on the electricity sector , in particular the volumes of energy non - served and the level of manual demand disconnection ;


### non - market measures may be activated in a crisis situation and only if all options provided by the market have been exhausted . they shall not unduly distort competition and the effective functioning of the electricity market . they shall be necessary , proportionate , non - discriminatory and temporary . ### non - market measures shall be activated in a crisis situation only if all options provided by the market are likely to be exhausted or have been exhausted , and when the continuation of market activities could lead to the further deterioration of a crisis situation . they shall not unduly distort competition and the effective functioning of the electricity market . they shall be necessary , proportionate , non - discriminatory and temporary .


### an electricity crisis might extend beyond union borders comprising also energy community countries . in order to ensure an efficient crisis management on borders between the member states and the contracting parties , the union should closely cooperate with the energy community contracting parties when preventing , preparing for and handling an electricity crisis . ### an electricity crisis might extend beyond union borders comprising also energy community countries and other third countries connecting to the eu electricity network . in order to ensure an efficient crisis management on borders between the member states , contracting parties to the energy community treaty , and other third countries , the union should closely cooperate with the energy community contracting parties and third countries when preventing , preparing for and handling an electricity crisis .


### non - market measures may be activated in a crisis situation and only if all options provided by the market have been exhausted . they shall not unduly distort competition and the effective functioning of the electricity market . they shall be necessary , proportionate , non - discriminatory and temporary . ### non - market measures shall be activated in a crisis situation only if all options provided by the market have been exhausted , and when the continuation of market activities could lead to the further deterioration of a crisis situation . they shall not unduly distort competition and the effective functioning of the electricity market . they shall be necessary , proportionate , non - discriminatory and temporary .


### by [ opoce to insert exact date : ten months after entry into force of this regulation ] and on the basis of the methodology adopted pursuant to article 5 , entso - e shall identify the most relevant electricity crisis scenarios for each region . it may delegate tasks relating to the identification of regional crisis scenarios to the regional operational centres . ### by [ opoce to insert exact date : ten months after entry into force of this regulation ] and on the basis of the methodology adopted pursuant to article 5 , entso - e shall identify , in close co - operation with the electricity co - ordination group . the most relevant electricity crisis scenarios for each region . it may delegate tasks relating to the identification of regional crisis scenarios to the regional operational centres who will also consult the electricity co - ordination group .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director and a representative of the european commission . independent experts shall have a high level of relevant market experience in project finance as well as in the investment areas concerned by the efsi as defined in article 2a , paragraph 2 , and be appointed by the steering board for a renewable fixed term of three years . their recruitment follows a transparent procedure and their declaration of financial interests is transmitted to the commission , the european parliament and the council . the representative of the european commission shall have no voting power but shall confirm the consistency of potential operations with union policies . he / she shall co - operate closely with the respective directorates - general of the commission depending on the investment areas of the projects and ensure and confirm the consistency of potential operations with union policies . in the transport sector , the investment committee shall take into account recommendations expressed by respective directorate - general of the commission on those transport infrastructure projects which have been granted financial support from any eu programmes .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance in general , and where possible also specifically in the policy areas referred to article 5a . they shall be appointed by the steering board for a renewable fixed term of up to three years and not exceeding 6 years in total .


### transactions with related parties may cause prejudice to companies and their shareholders , as they may give the related party the opportunity to appropriate value belonging to the company . thus , adequate safeguards for the protection of shareholders’ interests are of importance . for this reason member states should ensure that related party transactions representing more than 5 % of the companies’ assets or transactions which can have a significant impact on profits or turnover should be submitted to a vote by the shareholders in a general meeting . where the related party transaction involves a shareholder , this shareholder should be excluded from that vote . the company should not be allowed to conclude the transaction before the shareholders’ approval of the transaction . for transactions with related parties that represent more than 1% of their assets companies should publicly announce such transactions at the time of the conclusion of the transaction , and accompany the announcement by a report from an independent third party assessing whether the transaction is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders , including minority shareholders . member states should be allowed to exclude transactions entered into between the company and its wholly owned subsidiaries . member states should also be able to allow companies to request the advance approval by shareholders for certain clearly defined types of recurrent transactions above 5 percent of the assets , and to request from shareholders an advance exemption from the obligation to produce an independent third party report for recurrent transactions above 1 percent of the assets , under certain conditions , in order to facilitate the conclusion of such transactions by companies . ### transactions with related parties may cause prejudice to companies and their shareholders , as they may give the related party the opportunity to appropriate value belonging to the company . thus , adequate safeguards for the protection of shareholders’ interests are of importance . for this reason member states should ensure that related party transactions representing more than 5 % of the companies’ assets or transactions which can have a significant impact on profits or turnover should be submitted to a vote by the shareholders in a general meeting . where the related party transaction involves a shareholder , this shareholder should be excluded from that vote . the company should not be allowed to conclude the transaction before the shareholders’ approval of the transaction . for transactions with related parties that represent more than 1% of their assets companies should publicly announce such transactions at the time of the conclusion of the transaction , and accompany the announcement by a report from an independent third party assessing whether the transaction is fair and reasonable from the perspective of the shareholders , including minority shareholders . member states should be allowed to exclude transactions entered into between the company and its wholly owned subsidiaries , as well as transactions conducted on standard terms in the ordinary course of business . member states should also be able to allow companies to request the advance approval by shareholders for certain clearly defined types of recurrent transactions above 5 percent of the assets , and to request from shareholders an advance exemption from the obligation to produce an independent third party report for recurrent transactions above 1 percent of the assets , under certain conditions , in order to facilitate the conclusion of such transactions by companies .


### member states are required to achieve a cumulative end - use savings requirement for the entire obligation period , equivalent to ' new ' savings of 1 . 5 % of annual energy sales . this requirement could be met by new policy measures that are adopted during the new obligation period from 1 january 2021 to 31 december 2030 or by new individual actions as a result of policy measures adopted during or before the previous period , but in respect of which the individual actions that trigger energy savings are actually introduced during the new period . ### member states are required to achieve a cumulative end - use savings requirement for the entire obligation period , equivalent to savings of 1 , 2 % of annual energy sales . this requirement could be met by policy measures that are adopted during the new obligation period from 1 january 2021 to 31 december 2030 or by policy measures adopted during or before the previous period .


### shall include requirements with a social aim in the saving obligations they impose , including by requiring a share of energy efficiency measures to be implemented as a priority in households affected by energy poverty and in social housing ; ### may take into account the need to alleviate energy poverty ; to this end they may require that a share of energy efficiency measures are implemented as a priority in households affected by energy poverty and in social housing and in areas threatened by air pollution ;


### member states are required to achieve a cumulative end - use savings requirement for the entire obligation period , equivalent to ' new ' savings of 1 . 5 % of annual energy sales . this requirement could be met by new policy measures that are adopted during the new obligation period from 1 january 2021 to 31 december 2030 or by new individual actions as a result of policy measures adopted during or before the previous period , but in respect of which the individual actions that trigger energy savings are actually introduced during the new period . ### member states are required to achieve a cumulative end - use savings requirement for the entire obligation period , equivalent to savings of 1 . 4 % of annual energy sales . this requirement could be met by policy measures that are adopted during the new obligation period from 1 january 2021 to 31 december 2030 or by new individual actions as a result of policy measures adopted during or before the previous period , but in respect of which the individual actions that trigger energy savings are actually introduced during the new period .


### new savings each year from 1 january 2021 to 31 december 2030 of 1 . 5 % of annual energy sales to final customers by volume , averaged over the most recent three - year period prior to 1 january 2019 . ### new savings each year from 1 january 2021 to 31 december 2030 of 1 . 4 % of annual energy sales to final customers by volume , averaged over the most recent three - year period prior to 1 january 2019 .


### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary and final energy consumption , in 2020 and 2030 should be clearly set out in the form of a binding 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy and no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance . ### there are no binding targets at national level in the 2030 perspective . the need for the union to achieve its energy efficiency targets at eu level , expressed in primary or final energy consumption , in 2020 and 2030 should be clearly set out in the form of an indicative 30 % target . this clarification at union level should not restrict member states as their freedom is kept to set their national contributions based on either primary or final energy consumption , primary or final energy savings , or energy intensity . member states should set their national indicative energy efficiency contributions taking into account that the union’s 2030 energy consumption has to be no more than 1 321 mtoe of primary energy or no more than 987 mtoe of final energy . this means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the union compared to 2005 levels . a regular evaluation of progress towards the achievement of the union 2030 target is necessary and is provided for in the legislative proposal on energy union governance .


### member states are required to achieve a cumulative end - use savings requirement for the entire obligation period , equivalent to ' new ' savings of 1 . 5 % of annual energy sales . this requirement could be met by new policy measures that are adopted during the new obligation period from 1 january 2021 to 31 december 2030 or by new individual actions as a result of policy measures adopted during or before the previous period , but in respect of which the individual actions that trigger energy savings are actually introduced during the new period . ### member states are required to achieve a cumulative end - use savings requirement for the entire obligation period , equivalent to savings of 1 . 5 % of annual energy sales . this requirement could be met by new policy measures that are adopted during the new obligation period from 1 january 2021 to 31 december 2030 or by individual actions as a result of policy measures adopted during or before the previous period .


### member states shall continue to achieve new annual savings of 1 . 5% for ten year periods after 2030 , unless reviews by the commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the union ' s long term energy and climate targets for 2050 . ### the new annual savings for the ten year period after 2030 will be decided in the framework of the next revision of the energy efficiency directive and will take into account the progress made towards the union ' s long term energy and climate targets for 2050 .


### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030 . ; ### this directive establishes a common framework of measures to promote energy efficiency within the union in order to ensure that the union ' s 2020 20 % headline targets and its 2030 27 % indicative headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates . it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030 . ;


### shall require that , if information on the energy billing and historical consumption of final users is available , it be made available , to an energy service provider designated by the final user ; ### shall require that , if information on the energy billing and historical consumption or heat cost allocator readings of final consumers is available , it be made available upon request by the final user , to an energy service provider designated by the final consumer ;


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . 17 assistance should continue to support their efforts to counter - terrorism and advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 17 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### to reinforce the effectiveness of public administration and support structural reforms and good governance at all levels ; ### to reinforce the effectiveness and transparency of public administration , bolster administrative capacities and support structural reforms and good governance at all level , from national to regional and local ;