### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' . ### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the commission shall be empowered to adopt delegated acts in accordance with article 14a concerning the detailed rules on the application of this regulation to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg . the delegated acts shall ensure in particular that at chassis dynamometer tests the actual operational mass of the vehicle is appropriately considered for determining the equivalent inertia as well as other default power and load parameters . ____________________ * oj l 263 , 9 . 10 . 2007 , p . 1 . ' .


### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 2 , article 5 , article 8 and in article 14 to shall be conferred on the commission for a period of five years from the [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### after publication of the delegated acts adopted in accordance with the second subparagraph and at the manufacturer ' s request , this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg . ### this regulation shall apply to vehicles of categories m1 , m2 , n1 and n2 as defined in annex ii to directive 2007 / 46 / ec of the european parliament and of the council* with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 7 500 kg .


### the risk factors featured in a prospectus shall be limited to risks which are specific to the issuer and / or the securities and are material for taking an informed investment decision , as corroborated by the content of the registration document and the securities note . they shall be allocated across a maximum of three distinct categories which shall differentiate them by their relative materiality based on the issuer ' s assessment of the probability of their occurrence and the expected magnitude of their negative impact . ### the risk factors featured in a prospectus shall include all risks which are specific to the issuer and the securities and are material for taking an informed investment decision , as corroborated by the content of the registration document and the securities note . they shall be allocated across a maximum of three distinct categories which shall differentiate them by their relative materiality based on the issuer ' s assessment of the probability of their occurrence and the expected magnitude of their negative impact .


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


### the total consideration of the offer is less than a monetary amount calculated over a period of 12 months , which shall not exceed eur 10 000 000 . ### the total consideration of the offer is less than a monetary amount calculated over a period of 12 months , which shall not exceed eur 5 000 000 .


### the risk factors featured in a prospectus shall be limited to risks which are specific to the issuer and / or the securities and are material for taking an informed investment decision , as corroborated by the content of the registration document and the securities note . they shall be allocated across a maximum of three distinct categories which shall differentiate them by their relative materiality based on the issuer ' s assessment of the probability of their occurrence and the expected magnitude of their negative impact . ### the risk factors featured in a prospectus include all risks which are specific to the issuer and the securities and are material for taking an informed investment decision , as corroborated by the content of the registration document and the securities note .


### an introduction containing warnings ; ### critical information about the risk and reward profile of the investment , containing appropriate guidance and warnings in relation to all risks associated with investments and the possible maximum loss of invested capital ;


### the responsible importer of the minerals or metals within the scope of this regulation shall : ### each operator shall , in accordance with the oecd due diligence guidance , identify and assess the risks in its resources supply chain in&#160 ; accordance with article 4 , and :


### union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives , customer requests , or the security of their supplies . however , union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently aware or ethically unconcerned . the cost of responsible sourcing and their potential impact on competitiveness notably on smes should be monitored by the commission . ### union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives , customer requests , or the security of their supplies . in accordance with the oecd due diligence guidance it is recognized that due diligence in conflict - affected and high - risk areas presents practical challenges and that flexibility is therefore needed in the application thereof . the nature and extent of due diligence that is appropriate for an enterprises’ individual circumstances depend on a number of factors , including its size and position in the supply chain , fully taking account of the challenges faced by smes .


### self - certification as a responsible importer ### operator obligations


### ‘ 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 identified by the presence of armed conflict , widespread violence or other risks of harm to people and , for these purposes , it is recognized that : armed conflict may take a variety of forms , such as a conflict of international or non - international character , which may involve two or more states , or may consist of wars of liberation , or insurgencies , civil wars ; and high - - risk areas may include areas of political instability or repression , institutional weakness , insecurity , collapse of civil infrastructure and widespread violence , both of which areas are often characterized by widespread human rights abuses and violations of national or 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 , and in line with the oecd due diligence guidance , 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 respect human rights and do not contribute to conflict and adverse impacts thereof .


### 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 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 .


### this regulation sets up a union system for supply chain due diligence self - certification in order to curtail opportunities for armed groups and security forces12 to trade in tin , tantalum and tungsten , their ores , and gold . it is designed to provide transparency and certainty as regards the supply practices of importers , smelters and refiners sourcing from conflict - affected and high - risk areas . __________________ 12 ‘ armed groups and security forces’ as defined in annex ii of the oecd due diligence guidance for responsible supply chains of minerals from conflict - affected and high - risk areas : second edition , oecd publishing . http : / / dx . doi . org / 10 . 1787 / 9789264185050 - en . ### this regulation sets up a union system for supply chain due diligence designed to :


### in order to ensure the proper implementation of this regulation , implementing powers should be conferred on the commission . the implementing powers relating to the list of responsible smelters and refiners and the list of member state competent authorities should be exercised in accordance with regulation no 182 / 201111 . __________________ 11 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to amend annex i and annex ii to this regulation , the commission shall be empowered to adopt delegated acts in accordance with article 290 tfeu , following the provisions laid down in this regulation .


### the eures partners concerned shall provide , upon request of workers and employers , general information on post - recruitment assistance and about where to obtain post - recruitment assistance such as training on intercultural communication , language courses and support with integration . ### the eures partners concerned shall provide workers and employers with general information on post - recruitment assistance and about where to obtain post - recruitment assistance such as training on intercultural communication , language courses and support with integration .


### taking into account the information gathered as referred to in this chapter , the european commission shall submit every two years a report to the european parliament , the council , the committee of the regions and the european economic and social committee on labour mobility within the union and the services provided to workers to facilitate the exercise of the freedom of movement in accordance with article 46 tfeu . ### taking into account the information gathered as referred to in this chapter , the european commission shall submit every year a report to the european parliament , the council , the committee of the regions and the european economic and social committee on labour mobility within the union and the services provided to workers to facilitate the exercise of the freedom of movement in accordance with article 46 tfeu .


### the operation and development of a european job mobility portal , ' the eures portal ' , and related it services , including systems and procedures for the exchange of job vacancies , job applications , cvs , and supporting documents such as skills passports and the like , and other information , in cooperation with other relevant union information , advisory services or networks , and initiatives ; ### the operation and development of a european job mobility portal , ' the eures portal ' , and related it services made useable and accessible , including systems and procedures for the exchange of job vacancies , job applications , cvs , and supporting documents such as skills passports and the like , and other information , in cooperation with other relevant union information , advisory services or networks , and initiatives ;


### the free movement of workers is a key element to the development of a more integrated union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the right skills for vacant positions and overcoming bottlenecks in the labour market . ### the free movement of workers is a key element to the development of an effective freedom of movement and residence . it may also contribute to finding the right skills for vacant positions and overcoming bottlenecks in the labour market .


### the analysis of geographic and occupational mobility ; ### the analysis of geographic and occupational mobility , taking account of the different situations in the member states ;


### if workers are interested in further assistance and there is a reasonable likelihood of an intra - eu placement , the eures partners concerned provide further job search assistance , consisting of services such as the selection of suitable vacancies , assistance with drawing up job applications and cv ' s and providing translations and / or obtaining clarifications on specific job vacancies in other member states . ### the eures partners provide workers with full assistance and , where there is a reasonable likelihood of an intra - eu placement , also with further job search assistance , consisting of services such as the selection of suitable vacancies , assistance with drawing up job applications and cv ' s and providing translations and / or obtaining clarifications on specific job vacancies in other member states .


### the free movement of workers is a key element to the development of a more integrated union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the right skills for vacant positions and overcoming bottlenecks in the labour market . ### the free movement of workers is one of the elements in the development of a more integrated union labour market . it may also contribute to finding the right skills for vacant positions and overcoming bottlenecks in the labour market .


### member states may entrust the provision of support services referred to in articles 21 to 23 to their public employment services , provided that the latter participate in the eures network , either as a eures partner authorised pursuant to article 8 and the annex to this regulation or as a eures partner on the basis of the exemption in paragraph 3 . ### member states shall entrust the provision of support services referred to in articles 21 to 23 to their public employment services or their employment ministries .


### shall not make any distinction according to the nature and duration of contracts nor the recruitment intentions of employers ; ### shall not make any distinction according to the nature and duration of contracts nor the recruitment intentions of employers , but shall provide appropriate and relevant information ;


### actions by and between member states to facilitate the achievement of a balance between supply and demand in the labour market of the union , with a view to promote a high level of employment ; ### actions by and between member states to facilitate the achievement of a balance between supply and demand in the labour market of the union , with a view to promote a high level of employment , guaranteeing suitable forms of protection for those deciding to leave their own country ;


### if employers are interested in further assistance and there is a reasonable likelihood of an intra - eu recruitment , the eures partners concerned provide further assistance , consisting of such services as the pre - selection of suitable candidates and assistance with providing translations and / or obtaining clarifications on specific job applications . ### the eures partners provide employers with full assistance and , where there is a reasonable likelihood of an intra - eu recruitment , also with further assistance , consisting of such services as the pre - selection of suitable candidates and assistance with providing translations and / or obtaining clarifications on specific job applications .


### waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste . it is important therefore that member states take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators should be established . ### waste prevention is the most efficient way to improve resource efficiency , to reduce the environmental impact of waste and to promote durable , recyclable , reusable high - quality materials . an important aspect of waste prevention is the reduction of hazardous substances in materials . in order to enhance waste prevention , it is important that member states take appropriate measures to prevent waste generation and littering , including the set - up of national prevention targets and the use of adequate economic instruments and awareness campaigns for citizens . member states should monitor and assess progress in the implementation of these measures as well as in the reduction of waste generation , with the aim of decoupling it from economic growth . in order to ensure a uniform measurement of the overall progress made in the implementation of waste prevention measures , common indicators should be established within 18 months from the entry into force of this directive .


### - encourage the setting up of systems promoting reuse activities , including in particular for electrical and electronic equipment , textiles and furniture ; ### - support the setting up of systems promoting repair and re - use activities as referred to in article 9a ;


### member states shall take measures , as appropriate , to promote preparing for re - use activities , notably by encouraging the establishment of and support for re - use and repair networks and by facilitating the access of such networks to waste collection points , and by promoting the use of economic instruments , procurement criteria , quantitative objectives or other measures . ### member states shall take measures , to promote preparing for re - use activities , notably by encouraging the establishment of and support of preparing for re - use operators and their networks , in particular those which operate as social enterprises , and by facilitating the access of such networks to waste collection points and facilities , and by promoting the use of economic instruments , procurement criteria or other measures .


### such measures may encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle . ### such measures shall encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and easily repairable and that are , after having become waste and been prepared for re - use or recycled , suitable to be placed on the market in order to facilitate proper implementation of the waste hierarchy . the measures shall take into account the impact of products throughout their life cycle and the waste hierarchy .


### such measures may encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle . ### such measures shall encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and easily repairable and that are , after having become waste and been prepared for re - use or recycled , suitable to be made available on the market or placed on the market in order to facilitate proper implementation of the waste hierarchy . the measures shall take into account the impact of products throughout their life cycle and the waste hierarchy .


### waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste . it is important therefore that member states take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators should be established . ### waste prevention is the most efficient way to improve resource efficiency , to reduce the environmental impact of waste , and to decrease the dependence on imports of increasingly rare raw materials . it is important therefore that member states take appropriate measures to prevent waste generation , including measures that reduce the presence of hazardous substances , promote recycling of materials with high quality , combat planned obsolescence , increase consumer empowerment through improved product information , encourage continuous communication and regular education campaigns on waste prevention and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators should be established .


### ' bio - waste ' means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , comparable waste from food processing plants and other waste with similar biodegradability properties that is comparable in nature , composition and quantity ; ### ' bio - waste ' means biodegradable garden and park waste , food and kitchen waste from households , restaurants , caterers and retail premises , comparable waste from food processing plants and other waste with similar biodegradability properties that is comparable in nature and composition ;


### member states shall monitor and assess the implementation of their food waste prevention measures by measuring food waste on the basis of methodologies established in accordance with paragraph 4 . ### member states shall monitor and assess the implementation of their food waste prevention measures by measuring the levels of food waste on the basis of a common methodology . by 31 december 2017 , the commission shall adopt a delegated act in accordance with article 38a to establish the methodology , including minimum quality requirements , for the uniform measurement of the levels of food waste .


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


### member states shall ensure the separate collection of bio - waste where technically , environmentally and economically practicable and appropriate to ensure the relevant quality standards for compost and to attain the targets set out in article 11 , and and 11 . ### member states shall set up systems for the separate collection at source of bio - waste by 31 december 2020 to ensure the relevant quality standards for compost and digestate and to attain the targets set out in article 11 , and and paragraph 2a of this article


### such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products . ### such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products . producer responsibility shall aim at covering all products placed in the market . by 2030 , textiles , furniture , hazardous substances used in households , hygiene products and paper shall be covered by a relevant extended producer responsibility scheme . such measures shall at least cover the post - consumer state of a product´s life cycle for packaging as defined in article 3 of directive 94 / 62 / ec , electrical and electronic equipment as defined in article 3 of directive 2012 / 19 / eu , and batteries and accumulators as defined in article 3 of directive 2006 / 66 / ec .


### - reduce the generation of food waste in primary production , in processing and manufacturing , in retail and other distribution of food , in restaurants and food services as well as in households . ### - reduce the generation of food waste at the retail and consumer levels and reduce food losses along production and supply chains , including post - harvest losses and intentionally non harvested agricultural products , with the aim of achieving a union food waste reduction target of 50 % by 2030 ;


### compliance with the obligation to set up separate collection systems for paper , metal , plastic and glass is essential in order to increase preparing for re - use and recycling rates in member states . in addition bio - waste should be collected separately to contribute to an increase in preparing for re - use and recycling rates and the prevention of contamination of dry recyclable materials . ### compliance with the obligation to set up separate collection systems for paper , metal , plastic , glass , wood and textile is essential in order to increase preparing for re - use and recycling rates in member states . in addition , bio - waste should be collected separately to contribute to an increase in preparing for re - use and recycling rates and the prevention of contamination of dry recyclable materials . separate collection of bio - waste from municipal waste should be made compulsory and a recycling target should be set in order to attract infrastructure investments in recycling facilities for bio - waste and to boost the market for composting .


### ' 2 . where necessary to comply with paragraph 1 and to facilitate or improve recovery , waste shall be collected separately if technically , environmentally and economically practicable and shall not be mixed with other waste or other material with different properties . ' ### in article 10 , paragraph 2 is replaced by the following : ' 2 . where necessary to comply with paragraph 1 and to facilitate or improve recovery , waste shall be collected separately and shall not be mixed with other waste or other material with different properties . '


### ' in order to comply with the objectives of this directive , and move towards a european recycling society with a high level of resource efficiency , member states shall take the necessary measures designed to achieve the following targets : ' ### in paragraph 2 . the introductory wording is replaced by the following : “in order to comply with the objectives of this directive , and move towards a european circular economy with a high level of resource efficiency , member states shall take the necessary measures designed to achieve the following targets : ” '


### such measures may encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle . ### such measures shall encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and easily repairable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle .


### he or she could not reasonably be expected to use internal reporting channels in light of the subject - matter of the report ; ### he or she could not reasonably be expected to use internal reporting channels in light of the subject - matter of the report and the seriousness of the violation ;


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


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


### this directive shall also apply to reporting persons whose work - based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation . ### this directive shall also apply to reporting persons whose work - based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation , or even to reporting persons whose employment relationship is terminated .


### reporting persons shall have access to remedial measures against retaliation as appropriate , including interim relief pending the resolution of legal proceedings , in accordance with the national framework . ### reporting persons shall have access to remedial measures against retaliation covering all direct , indirect , and future consequences of any detriment , including , as appropriate , a ) making any provision to act taken in breach of article 14 void ; b ) the reinstatement of the reporting person with equal salary , status , duties and working conditions ; c ) the transfer of the reporting person to a new department or supervisor ; d ) compensation for pain and suffering ; e ) interim relief pending the resolution of legal proceedings .


### reporting persons shall have access to remedial measures against retaliation as appropriate , including interim relief pending the resolution of legal proceedings , in accordance with the national framework . ### reporting persons and intermediaries shall have access to remedial measures against retaliation covering all direct , indirect , and future consequences of any detriment , including , as appropriate : a ) making any provision to act taken in breach of article 14 void ; b ) the reinstatement of the reporting person with equal salary , status , duties and working conditions ; c ) the transfer of the reporting person to a new department or supervisor ; d ) compensation for lost past , present , or future earnings and status ; e ) compensation for pain and suffering ; f ) compensation for economic losses particularly in the case of dismissal ; g ) compensation for other economic damage such as legal expenses and costs of medical treatment , for psycho - social and non - material damage ; h ) interim relief pending the resolution of legal proceedings .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### with a view to enhancing the enforcement of union law and policies , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law :


### the objective of this directive , namely to strengthen enforcement in certain policy areas and acts where breaches of union law can cause serious harm to the public interest through effective whistleblower protection , cannot be sufficiently achieved by the member states acting alone or in an uncoordinated manner , but can rather be better achieved by union action providing minimum standards of harmonisation on whistleblower protection . moreover , only union action can provide coherence and align the existing union rules on whistleblower protection . therefore , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve this objective . ### the objective of this directive , namely to strengthen enforcement where breaches of union law can cause serious harm to the public interest through effective whistleblower protection , cannot be sufficiently achieved by the member states acting alone or in an uncoordinated manner , but can rather be better achieved by union action providing minimum standards of harmonisation on whistleblower protection . moreover , only union action can provide coherence and align the existing union rules on whistleblower protection . therefore , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve this objective .


### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . ### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed ; the same confidentiality regime and protection measures shall be applicable to whistle blowers who initially reported anonymously , if they ask for such measures .


### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of point and shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . ### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of paragraph 6a and shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . a disclosure regarding the methodology to be used shall be communicated to the parties no later than three months from initiation of the investigation .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission may adopt a report by delegated act describing the specific situation concerning the criteria listed in paragraph 6a in a certain country or a certain sector . the commission shall adopt a report by delegated act for countries referred to in paragraph 6b which shall include an assessment of the fulfilment of the criteria in paragraph 6b . such reports and the evidence on which it is based , as well as relevant findings from prior eu investigations and country reports , shall be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file .


### the union industry may rely on the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 . ### the union industry may rely on the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 . reports on countries referred to in point shall constitute sufficient evidence to justify the calculation of normal value on the basis of undistorted international prices , costs , or benchmarks , or , in the absence thereof , on the basis of prices or costs in the eu . further , where a significant portion of the complaining union industry is made up of smes , the normal value calculations in the complaint can be based on information related to costs of production in the eu of the product concerned .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission shall adopt a public report by delegated act describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for countries referred to in point , such report shall include an assessment of the fulfilment of the market economy conditions enumerated in point . such report and the evidence on which it is based , as well as relevant findings from prior eu investigations and country reports , may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file .


### this regulation establishes the criteria for determining whether an economic activity is environmentally sustainable for the purposes of establishing the degree of environmental sustainability of an investment . ### this regulation establishes the criteria for determining whether an economic activity is sustainable for the purposes of establishing the degree of sustainability of an investment .


### for the purposes of this regulation , the following shall be environmental objectives : ### for the purposes of this regulation , the following shall be environmental and social objectives :


### significant harm to environmental objectives ### significant harm to environmental and social objectives


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , with the exception of hazardous waste , the indirect fee to be charged shall cover the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges , within a maximum volume set by the waste reception and handling plan ;


### the part of the costs which is not covered by the fee referred to in subparagraph , if any , shall be covered on the basis of the types and quantities of waste actually delivered by the ship . ### the costs which are not covered by the fees referred to in subparagraphs and , if any , shall be covered on the basis of the types and quantities of waste actually delivered by the ship .


### member states shall evaluate and approve the waste reception and handling plan , monitor its implementation and ensure its re - approval at least every three years after it has been approved or re - approved , and after significant changes in the operation of the port have taken place . these changes shall include , but not be limited to , structural changes in traffic to the port , development of new infrastructure , changes in the demand and provision of port reception facilities , and new on - board treatment techniques . ### member states shall evaluate and approve the waste reception and handling plan , monitor its implementation and ensure its re - approval at least every five years after it has been approved or re - approved , and after significant changes in the operation of the port have taken place . these changes shall include , but not be limited to , structural changes in traffic to the port , development of new infrastructure , changes in the demand and provision of port reception facilities , and new on - board treatment techniques .


### all ships , irrespective of their flag , calling at , or operating within , a port of a member state , with the exception of any warship , naval auxiliary or other ship owned or operated by a state and used , for the time being , only on a government non - commercial basis ; ### all ships , irrespective of their flag , calling at , or operating within , a port of a member state , with the exception of any warship , naval auxiliary or other ships waiting for chartering or for shelter , or other ship owned or operated by a state and used , for the time being , only on a government non - commercial basis ;


### description of the cost recovery systems ; and ### description of the cost recovery systems , including the fees and the basis on which they have been calculated ; and


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


### ‘ scheduled traffic’ means traffic based on a published or planned list of times of departures and arrivals between identified ports or recurrent crossings that constitute a recognised schedule ; ### ‘ scheduled traffic’ means traffic based on a published or planned list of times of departures and arrivals between two identified ports or recurrent crossings that constitute a recognised schedule ; the ship ' s schedule should be set in advance and remain stable over at least 4 months ;


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


### the arrangement under point is evidenced by a signed contract with a port or waste contractor , waste delivery receipts and confirmation that the arrangement has been accepted by all ports on the ship’s route . the arrangement for delivery and payment of the fee shall be made in a port located in the union in order to constitute sufficient evidence in accordance with this paragraph . ### the arrangement under point is evidenced by a signed contract with a port or waste contractor , waste delivery receipts and confirmation that the arrangement has been accepted by all ports on the ship’s route . the arrangement for delivery and payment of the fee shall be made in a port in order to constitute sufficient evidence in accordance with this paragraph .


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the port authority may reduce the fees if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner .


### an appropriate waste reception and handling plan shall be in place and implemented for each port following ongoing consultations with the relevant parties , in particular with port users or their representatives . those consultations should be held both during the initial drafting of the plans and after their adoption , in particular when significant changes have taken place , with regards to the requirements in articles 4 , 6 , and 7 . the detailed requirements for the development of such plans are set out in annex 1 . ### an appropriate waste reception and handling plan shall be in place and implemented for each port following ongoing consultations with the relevant parties , in particular with port users or their representatives . those consultations should be held both during the initial drafting of the plans and after their adoption , in particular when significant changes have taken place , with regards to the requirements in articles 4 , 6 , and 7 . the detailed requirements for the development of such plans are set out in annex 1 . small ports with rare or low traffic from recreational crafts are exempted from the obligation set out in this paragraph . the commission shall develop guidelines for the interpretation of this exemption .


### member states shall investigate all reported cases of alleged inadequacies and ensure that any party involved in the delivery or reception of waste from ships can claim compensation for damage caused by undue delay . ### member states , if necessary in consultation with emsa , shall investigate all reported cases of alleged inadequacies and ensure that any party involved in the delivery or reception of waste from ships can claim compensation for damage caused by undue delay , related to non - compliance with the waste reception and handling plan .


### the information reported for the purposes of articles 4 and 5 shall be subsequently transmitted by the commission to the imo port reception facilities database within gisis . ### the information reported for the purposes of articles 4 and 5 shall be subsequently transmitted by the commission to the imo port reception facilities database within gisis , that needs to be regularly updated .


### where a competent authority of a member state has doubts as regards goods which the economic operator claims are lawfully marketed in another member state , the competent authority shall contact the relevant economic operator without delay and shall carry out an assessment the goods . ### where , as part of their market control activities , a competent authority of the member state of destination has reasonable doubts as to whether goods that are made available or are going to be made available on its market are lawfully marketed in another member state , the competent authority shall contact the competent authority of that other member state and the relevant economic operator without delay , and shall carry out an assessment of the goods .


### following completion of its assessment , the commission may issue an opinion identifying concerns that should , in its view , be addressed in the solvit case and , where appropriate , making recommendations to assist in solving the case . ### within two months of receipt of the request referred to in paragraph 1 , the commission shall issue an opinion identifying concerns that should , in its view , be addressed in the solvit case and , where appropriate , making recommendations to assist in solving the case . the two months period does not include the time necessary for receiving the additional information and documents as provided for in paragraph 2 .


### the union may finance the following activities in support of this regulation : ### the union shall finance the following activities in support of this regulation :


### the procurement of balancing capacity shall be facilitated on a regional level in accordance with point 8 of annex i . the procurement shall be based on a primary market and organised in such a way as to be non - discriminatory between market participants in the prequalification process individually or through aggregation . ### the procurement of balancing capacity shall be facilitated on a regional level in accordance with point 8 of annex i . the procurement shall be based on a primary market and be non - discriminatory between market participants in the prequalification process including in particular where participation takes place individually or through aggregation .


### market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources and providing incentives for energy efficiency ; ### market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources , providing incentives for energy efficiency and incentivizing demand side response at times when there is overreliance on carbon intensive generation ;


### generating installations using high - efficiency cogeneration shall only be subject to downward redispatching or curtailment if , other than curtailment or downward redispatching of generating installations using renewable energy sources , no other alternative exists or if other solutions would result in disproportionate costs or risks to network security ; ### generating installations using high - efficiency cogeneration shall only be subject to downward redispatching or curtailment if no other alternative exists except curtailment or downward redispatching of generating installations using renewable energy sources , or if other solutions would result in highly disproportionate costs or severe risks to network security ;


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . they shall not be set at a level that hinders the development of production connected at the distribution level . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response or renewables self - consumption . without prejudice to paragraph 3 , those charges shall not be distance - related .


### where the european resource adequacy assessment identifies a resource adequacy concern member states shall identify any regulatory distortions that caused or contributed to the emergence of the concern . ### where a national resource adequacy assessment identifies a resource adequacy concern member states shall identify any regulatory distortions that caused or contributed to the emergence of the concern .


### the proposals under paragraphs 2 and 5 and the results of the european resource adequacy assessment under paragraph 3 shall be subject to prior consultation and approval by the agency under the procedure set out in article 22 . ### the proposals under paragraphs 2 and 5 , the scenarios and assumptions on which they are based , and the results of the european resource adequacy assessment under paragraph 3 shall be subject to prior consultation of all relevant stakeholders and approval by the agency under the procedure set out in article 22 .


### generating installations using renewable energy sources or high - efficiency cogeneration with an installed electricity capacity of less than 500 kw ; or ### generating installations using renewable energy sources or high - efficiency cogeneration with an installed electricity capacity of less than 1 mw ; or


### market operators shall provide products for trading in day - ahead and intraday markets which are sufficiently small in size , with minimum bid sizes of 1 megawatt or less , to allow for the effective participation of demand - side response , energy storage and small - scale renewables . ### market operators shall provide products for trading in day - ahead and intraday markets which are sufficiently small in size , with minimum bid sizes of 1 megawatt or less , to allow for the effective participation of demand - side response , energy storage and small - scale renewables . market operators shall ensure that energy communities have a proportionate and simple access to the market .


### ' capacity mechanism ' means an administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ; ### ' capacity mechanism ' means an administrative measure to ensure the achievement of the necessary level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ;


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost and benefits of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities shall endeavour to may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer .


### regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems . for that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies , including energy efficiency , in their networks . ### regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems . for that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies , including energy efficiency and flexibility , in their networks and promote the integration of energy from renewable sources .


### market rules shall enable the efficient dispatch of generation assets and demand response ; ### market rules shall enable the efficient dispatch of generation assets and demand response , whilst accounting for the ability of individual assets to participate in dispatch mechanisms ;


### be organised in such a way as to be non - discriminatory ; ### be non - discriminatory ;


### market rules shall allow for entry and exit of electricity generation and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ; ### market rules , including those applying to ancillary services , shall allow for entry and exit of electricity generation , demand side response providers , storage facilities , and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ;


### where the european resource adequacy assessment identifies a resource adequacy concern member states shall identify any regulatory distortions that caused or contributed to the emergence of the concern . ### where the european resource adequacy assessment identifies a resource adequacy concern member states shall identify any regulatory distortions and market failures that caused or contributed to the emergence of the concern .


### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 5 , may extend the term of office of the executive director once , for no more than five years . ### the european parliament and the council , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 5 , may extend the term of office of the executive director once , for no more than five years .


### the executive director shall evaluate the results of the joint operations and rapid border interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future joint operations and rapid border interventions , and it shall include it in its consolidated annual activity report . ### the executive director shall evaluate the results of the joint operations , rapid border interventions , pilot projects , migration management support teams , return operations , return interventions and operational cooperation with third countries , including with regard to the respect of fundamental rights , and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future operations , and it shall include it in its consolidated annual activity report .


### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union . ### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , the protection of fundamental rights , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including , the smuggling of irregular migrants , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union as well as the respect for fundamental rights . the agency shall make public its methodology and criteria for the risk analysis .


### the executive director , in coordination with other relevant union agencies , shall assess the request for assistance of a member state and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned . ### the executive director , in coordination with the european asylum support office and other relevant union agencies , shall assess the request for assistance of a member state . the executive director , in coordination with the european asylum support office and other relevant union agencies , shall forward their assessment of the needs of the member state to the commission who shall define a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned .


### the agency shall prepare general and tailored risk analyses and submit it to the council and the commission . ### the agency shall prepare general and tailored risk analyses and submit it to the european parliament , the council and the commission .


### the executive director shall adopt a decision setting out the necessary corrective measures to be taken by the member state concerned , including by using resources under the union financial instruments . the decision of the executive director shall be binding on the member state and shall lay down the time - limit within which the measures are to be taken . ### the executive director shall , on the basis of the vulnerability assessment and taking into account the agency’s risk analysis , adopt a recommendation setting out the necessary corrective measures to be taken by the member state concerned , including by using resources under the union financial instruments . the recommendation of the executive director shall lay down the time - limit within which the measures are to be taken .


### power to dismiss the executive director shall lie with the management board , acting on a proposal from the commission , according to the same procedure . ### power to dismiss the executive director shall lie with the european parliament and the council , acting on a proposal from the commission .


### the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals ; ### the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals in full compliance with fundamental rights and providing information regarding the purpose and outcomes of all procedures ;


### border control , including measures related to the prevention , detection and investigation of cross - border crime , where appropriate ; ### border control , including measures related to the prevention and detection of cross - border crime , where appropriate ;


### the executive director , in coordination with other relevant union agencies , shall assess the request for assistance of a member state and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned . ### the executive director , in coordination with the european asylum support office and other relevant union agencies , shall assess the request for assistance of a member state . the executive director , in coordination with the european asylum support office and other relevant union agencies , shall forward their assessment of the needs of the member state to the commission who shall define a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned . teams shall , as a rule , include proportionate fundamental rights and child protection experts .


### the agency shall invite the european asylum support office , the european union agency for fundamental rights , the united nations high commissioner for refugees and other relevant organisations to participate in the consultative forum . on a proposal by the executive director , the management board shall decide on the composition and the working methods of the consultative forum and the modalities of the transmission of information to the consultative forum . ### the agency shall invite the european asylum support office , the european union agency for fundamental rights , the united nations high commissioner for refugees and other relevant organisations to participate in the consultative forum . the consultative forum shall decide independently on its working methods .


### in the performance of its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . ### in the performance of all its tasks , including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights , in its relations with member states and in its cooperation with third countries , the agency shall ensure appropriate follow - up to the reports of the consultative forum and the fundamental rights officer . the agency shall inform the consultative forum and fundamental rights officer whether and how it has altered its approach as a response to the reports and recommendations of these bodies and include details in its annual report .


### in the performance of its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . ### in the performance of all its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . the agency shall inform the consultative forum and fundamental rights officer how it has altered or not its activities as a response to reports and recommendations of these bodies , and include details in its annual report .


### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the union , while safeguarding the free movement of persons therein . ### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to managing migration effectively , to protecting and saving the lives of migrants and refugees and to combating cross - border crime , in full compliance with the principle of non - refoulement and fundamental rights , while safeguarding the free movement of persons therein .


### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in compliance with fundamental rights in all member states .


### the commission shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate . ### the executive director and the deputy executive director are appointed by a joint decision of the european parliament and the council on the basis of a list drawn up by the commission following a public call for candidates . the commission shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate . the competent committee of the european parliament may decide to arrange a hearing in order to enable it to express a preference .


### the executive director shall withdraw the financing of a joint operation or a rapid border intervention , or suspend or terminate , in whole or in part , a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . ### the executive director shall withdraw the financing of a joint operation , a rapid border intervention , a pilot project , migration management support teams , a return operation , return intervention or working arrangement or suspend or terminate , in whole or in part , a joint operation , rapid border intervention , a pilot project , migration management support teams , return operation , return intervention or working arrangement if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . based on recommendations by the fundamental rights officer , after consulting the consultative forum and other relevant actors , the executive director shall adopt criteria for withdrawing the financing , the suspension or the termination of an activity by the agency . the findings of the fundamental rights officer in the framework of the complaint mechanism shall be taken into account . the fundamental rights officer may recommend the withdrawing the financing , the suspension or the termination of an activity .


### a reporting and evaluation scheme containing benchmarks for the evaluation report and final date of submission of the final evaluation report ; ### a reporting and evaluation scheme containing benchmarks for the evaluation report , including the protection of fundamental rights , and final date of submission of the final evaluation report ;


### member states shall , at the request of the agency , provide information as regards technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans . ### member states shall , at the request of the agency , provide information necessary for the vulnerability assessment , in particular as regards the state of functioning of all procedures at the border , technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans .


### –critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### –critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , military and defence technologies , cybersecurity , space or nuclear technology ;


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission shall take into account whether the foreign investor is controlled by the government of a third country , including through significant funding or participates in an economic or political project or strategy guided by a foreign power .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security , public order or strategic interest , the commission should have the possibility to address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take utmost account of the opinion and provide a detailed explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism should be set up which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states or the strategic interest of the union . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security , public order or strategic interest . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs , security , strategic interest and competitiveness . this should include in particular projects and programmes involving eu funding or established by union legislation regarding critical infrastructure , defence , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment should be subject to a screening by the commission should be listed in an annex . this list should be promptly updated whenever new projects or programmes come into effect .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security , public order , fundamental rights or the protection of key technologies in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on the grounds of security , public order , fundamental rights or the protection of key technologies taking into account their individual situations and national circumstances .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security , public order or strategic interest , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security or public order . ### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security , public order or strategic interest .


### –access to sensitive information or the ability to control sensitive information . ### –access to sensitive or strategic information or the ability to control sensitive or strategic information .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security , public order or strategic interest , the commission shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . ### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security , public order , fundamental rights or the protection of key technologies . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security , public order , fundamental rights or the protection of key technologies should remain non - exhaustive .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security , public order or strategic interest , taking into account their individual situations and national circumstances .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 and may be updated through delegated acts .


### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . ### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security , public order or strategic interest . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive .


### –critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### –critical infrastructure , including energy , water , transport , communications , health , data storage , space or financial infrastructure , as well as sensitive facilities ;


### member states that do not maintain screening mechanisms shall provide the commission with an annual report covering foreign directs investments that took place in their territory , on the basis of information available to them . ### member states that do not maintain screening mechanisms shall undertake to introduce them and shall provide the commission with an annual report covering foreign directs investments that took place in their territory , on the basis of information available to them .


### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment on the grounds of security or public order , subject to certain requirements . ### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment on the grounds of security , public order , fundamental rights or the protection of key technologies , subject to certain requirements .


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


### operating without an vms system . ### operating without a vms system or any other system of geo - localisation allowing control authorities to track activities .


### operating without an vms system . ### operating without a vms system in the case of vessels more than 12 metres in length overall .


### the placing on the market within the union of traditional foods from third countries should be facilitated , where the history of safe food use in a third country has been demonstrated . those foods should have been consumed in a third country for at least 25 years as a part of the customary diet within a large part of the population of the country . the history of safe food use should not include non - food uses or uses not related to normal diets . ### the placing on the market within the union of traditional foods from third countries should be facilitated , where the history of safe food use in a third country has been demonstrated . those foods should have been consumed in a third country for at least 25 years as a part of the normal daily diet within a large part of the population of the country . their safety assessment and management must take into account their history of safe food use in the third country , excluding non - food uses , uses not related to normal diets and uses for medical purposes .


### the entry for a novel food in the union list provided for in paragraph 2 shall include where relevant : ### the entry for a novel food in the union list provided for in paragraph 2 shall include :


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular propose measures concerning non - recyclable packaging , packaging containing hazardous substances , disposable and excess packaging , as well as evaluating new packaging material , and assess their impact at union level . '


### 75% of wood ; ### 80% of wood ;