### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors . the guardian shall be appointed as soon as possible , but at the latest within five days from the date of the making of the application .


### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor first has lodged his or her application for international protection , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise . ### in order to ensure full respect for the principle of family unity and for the best interests of the child , the existence of a relationship of dependency between an applicant and his or her child , sibling or parent on account of the applicant’s pregnancy or maternity , state of health or old age , should become a binding responsibility criterion . when the applicant is an unaccompanied minor , the presence of a family member or relative on the territory of another member state who can take care of him or her should also become a binding responsibility criterion . in order to discourage secondary movements of unaccompanied minors , which are not in their best interests , in the absence of a family member or a relative , the member state responsible should be that where the unaccompanied minor is present when his or her application for international protection is lodged , unless it is demonstrated that this would not be in the best interests of the child . before transferring an unaccompanied minor to another member state , the transferring member state should make sure that that member state will take all necessary and appropriate measures to ensure the adequate protection of the child , and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled . any decision to transfer an unaccompanied minor should be preceded by an assessment of his / her best interests by staff with the necessary qualifications and expertise .


### each member state where an unaccompanied minor is obliged to be present shall ensure that a representative represents and / or assists the unaccompanied minor with respect to the relevant procedures provided for in this regulation . the representative shall have the qualifications and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such representative shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors . ### each member state where an unaccompanied minor is present shall ensure that a guardian represents and / or assists the unaccompanied minor with respect to all procedures provided for in this regulation . the guardian shall have the qualifications , expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this regulation . such a guardian shall have access to the content of the relevant documents in the applicant ' s file including the specific information materials for unaccompanied minors . the guardian shall be appointed as soon as possible , but at the latest within five days from the making of the application .


### by way of derogation from article 3 and only as long as no member state has been determined as responsible , each member state may decide to examine an application for international protection lodged with it by a third - country national or a stateless person based on family grounds in relation to wider family not covered by article 2 , even if such examination is not its responsibility under the criteria laid down in this regulation . ### by way of derogation from article 3 , each member state may decide to examine an application for international protection lodged with it by a third - country national or a stateless person , even if such examination is not its responsibility under the criteria laid down in this regulation .


### assuming responsibility by a member state for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this regulation may undermine the effectiveness and sustainability of the system and should be exceptional . therefore , a member state should be able to derogate from the responsibility criteria only on humanitarian grounds , in particular for family reasons , before a member state responsible has been determined and examine an application for international protection lodged with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation . ### a member state should be able to derogate from the responsibility criteria and examine an application for international protection lodged with it or with another member state , even if such examination is not its responsibility under the binding criteria laid down in this regulation . in order to counter the phenomenon of secondary movements and encourage asylum seekers to apply promptly in the first member state of arrival , an applicant should be allowed to make a written , duly motivated request , in particular on the basis of his or her extended family , cultural or social ties or language skills which would facilitate his or her integration into a specific member state , for his or her application to be examined by the member state where the application was lodged , or for that member state to request another member state to assume responsibility .


### from 1 january 2025 to 31 december 2029 by 15% ; ### from 1 january 2025 to 31 december 2029 by 25% ;


### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the mobility system to be cleaner and better adapted to the imperative of tackling climate change . this will require the full commitment of the union , member states and stakeholders , not least in strengthening efforts to reduce co2 emissions and air pollution . _________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final ### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the sector to be firmly on the path towards zero emission by mid - century in line with the paris agreement . this will require the full commitment of the union , member states and stakeholders , not least in strengthening efforts to reduce co2 emissions and air pollution . _________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final


### a reduction target should be set for 2025 as a relative reduction based on the average co2 emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available cost - effective technologies for conventional vehicles . the 2030 target should be considered aspirational and the final target should be determined pursuant to a review to be carried out in 2022 as there are more uncertainties on the uptake of more advanced technologies which are not yet readily available . ### a binding reduction target should be set for 2025 as a relative reduction based on the average co2 emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available cost - effective technologies for conventional vehicles . a reduction target should be also be set for 2030 , pursuant to a review to be carried out in 2022 , taking into account the current uncertainties on the uptake of more advanced technologies which are not yet readily available .


### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu ### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 . in the context of the review the commission shall set a binding co2 reduction target of at least 60% for the heavy duty vehicles within n2 and n3 categories not covered by article 2 , letters from to of the present regulation , introduce a binding minimum share of zero - and low - emission vehicles in the union ' s fleet of such vehicles of at least 35% as of 1 january 2030 and introduce trailer standards bringing an efficiency improvement of at least 10% in 2030 with respect to the first year of co2 certification for trailers . the report of the commission shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu


### it is essential for achieving the co2 reductions pursuant to this regulation that the co2 emissions of heavy - duty vehicles in use are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities with regard to the co2 emissions of heavy - duty vehicles in use . ### it is essential for achieving the co2reductions pursuant to this regulation that the co2emissions of heavy - duty vehicles in use and on road are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities with regard to the co2 emissions of heavy - duty vehicles in use and on road .


### contrary to cars and vans , zero - and low - emission heavy - duty vehicles are not yet available on the market , except for buses . a dedicated mechanism , in the form of super credits , should therefore be introduced to facilitate a smooth transition towards zero - emission mobility . this will provide incentives for the development and deployment on the union market of zero - and low - emission heavy - duty vehicles that would complement demand - side instruments , such as the clean vehicle directive 2009 / 33 / ec of the european parliament and of the council26 . _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles as amended by directive … / … / eu [ com 653 final ] . ### in order to guarantee a smooth transition towards zero - emission mobility and to provide incentives for the development , the deployment and the sale on the union market of zero - and low - emission heavy - duty vehicles that would complement demand - side instruments , such as the clean vehicle directive 2009 / 33 / ec of the european parliament and of the council26 , binding minimum shares of zero - and low - emission vehicles in a manufacturer ' s fleet of new heavy duty vehicles should be set for 2025 and 2030 . _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles as amended by directive … / … / eu [ com 653 final ] .


### the effectiveness of the targets set out in this regulation in reducing co2 emissions is strongly dependent on the representativeness of the methodology used for determining the co2 emissions . in line with the opinion of the scientific advice mechanism 27 as regards light duty vehicles , it is appropriate also in the case of heavy - duty vehicles to put in place a mechanism to assess the real - world representativeness of the co2 emissions and energy consumption values determined pursuant to regulation 2017 / 2400 . the commission should have the powers to ensure the public availability of such data and , where necessary , develop the procedures needed for identifying and collecting the data required for such assessments . _________________ 27 high level group of scientific advisors , scientific opinion 1 / 2016 “closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing” ### the effectiveness of the targets set out in this regulation in reducing co2 emissions is strongly dependent on the representativeness of the methodology used for determining the co2 emissions . in line with the opinion of the scientific advice mechanism 27 as regards light duty vehicles , it is appropriate also in the case of heavy - duty vehicles to put in place a mechanism to assess the real - world representativeness of the co2 emissions and energy consumption values determined pursuant to regulation 2017 / 2400 . the commission should have the powers to ensure the public availability of such data and , where necessary , develop the procedures needed for identifying and collecting the data required for such assessments . where a significant gap is identified between real - world emissions values and those determined in accordance with regulation n° 2017 / 2400 , the commission should be empowered to adapt the 2019 reference emissions as well as the specific emissions targets used for the purpose of compliance with the present regulation . _________________ 27 high level group of scientific advisors , scientific opinion 1 / 2016 “closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing”


### a description of the policies and measures foreseen to meet the corresponding objectives , targets and contributions set out under point ; ### a description of the planned policies and measures foreseen to meet the corresponding objectives and targets set out under points and , including a description of the way the energy efficiency first principle is integrated into these policies and measures ;


### links to other national long - term planning . ### links to other national long - term objectives , planning and other policies and measures .


### the progress made by each member state towards meeting its targets , objectives and contributions and implementing the policies and measures set out in its integrated national energy and climate plan ; ### the progress made by each member state towards meeting its national binding targets and other targets and objectives and implementing the policies and measures set out in its integrated national energy and climate plan ;


### the long - term low emission strategies and the integrated national energy and climate plans referred to in article 3 should be consistent with each other . ### the integrated national energy and climate plans referred to in article 3 shall be consistent with the long - term climate and energy strategies .


### the long - term low emission strategies shall cover : ### the long - term climate and energy strategies shall cover :


### member states shall express their contribution in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030 , with a linear trajectory for that contribution from 2021 onwards . they shall explain their underlying methodology and the conversion factors used ; ### member states shall express their energy efficiency targets in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030 , with a binding linear trajectory for that target from 2021 onwards . they shall explain their underlying methodology and the conversion factors used ;


### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , with a linear trajectory for that contribution from 2021 onwards ; ### the member state ' s binding national target of energy from renewable sources in gross final consumption of energy in 2030 , with a binding linear trajectory for target from 2021 onwards starting from the share of energy from renewable sources in the year 2020 as set out in the third column of the table in part a of annex i of directive 2009 / 28 / ec on the promotion of the use of energy from renewable sources and amending and subsequently repealing directives 2001 / 77 / ec and 2003 / 30 / ec , and pursuant to [ article 3 ] of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] ;


### the governance mechanism shall be based on integrated national energy and climate plans covering ten - year periods starting from 2021 to 2030 , corresponding integrated national energy and climate progress reports by the member states and integrated monitoring arrangements by the european commission . it shall define a structured , iterative process between the commission and member states in view of the finalisation of the national plans and their subsequent implementation , including with regard to regional cooperation , and corresponding commission action . ### the governance mechanism shall be based on integrated national energy and climate plans covering ten - year periods starting from 2021 to 2030 , corresponding integrated national energy and climate progress reports by the member states and integrated monitoring arrangements by the european commission . it shall define a structured , transparent , iterative process between the commission and member states ensuring full participation of local authorities , stakeholders , and the general public in view of the finalisation of the national plans and their subsequent implementation , including with regard to macro - regional partnerships , and corresponding commission action .


### implemented , adopted and planned policies , measures and programmes to achieve the indicative national energy efficiency contribution for 2030 as well as other objectives presented in article 6 , including planned measures and instruments to promote the energy performance of buildings , measures to utilise energy efficiency potentials of gas and electricity infrastructure and other measures to promote energy efficiency ; ### implemented , adopted and planned policies , measures and programmes to achieve the binding national energy efficiency target for 2030 as well as other objectives presented in article 6 , including planned measures and instruments to promote the energy performance of buildings , measures to utilise energy efficiency potentials of gas and electricity infrastructure and other measures to promote energy efficiency ;


### if , on the basis of its assessment pursuant to article 25 , the commission concludes that insufficient progress is made by a member state towards meeting the targets , objectives and contributions or implementing the policies and measures set out in its integrated national climate and energy plan , it shall issue recommendations to the member state concerned pursuant to article 28 . in issuing such recommendations , the commission shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target for renewable energy . ### if on the basis of its assessment pursuant to article 25 , the commission concludes that insufficient progress is made by a member state towards meeting their trajectories and targets or implementing the policies and measures set out its integrated national climate and energy plan , it shall issue recommendations to the member state concerned pursuant to article 28 .


### an overview of the process followed for establishing the integrated national energy and climate plan consisting of an executive summary , a description of the consultation and involvement of stakeholders and their results , and of regional cooperation with other member states in preparing the plan ; ### an overview of the process followed for establishing the integrated national energy and climate plan consisting of : an executive summary ; a description of the processes implemented to involve local authorities , civil society , businesses and the general public pursuant to articles 10 and 10a of this regulation , summary of comments and opinions provided within these processes and information how the comments and opinions expressed by stakeholders and the general public have been taken into account ; a description of regional cooperation with other member states in preparing the plan ;


### in the area of energy efficiency , as part of its assessment referred to in paragraph 1 , the commission shall assess progress towards collectively achieving a maximum energy consumption at union level of 1 321 mtoe of primary energy consumption and 987 mtoe of final energy consumption in 2030 as referred to in article 6 . ### in the area of energy efficiency , as part of its assessment referred to in paragraph 1 , the commission shall assess progress towards collectively achieving a maximum energy consumption at union level of 1 132 mtoe of primary energy consumption and 846 mtoe of final energy consumption in 2030 as referred to in article 4 , on the basis of a linear trajectory , starting from 1474 mtoe of primary energy consumption and 1 078 mtoe of final energy in 2020 .


### the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . member states should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans in accordance , where applicable , with the provisions of directive 2001 / 42 / ec of the european parliament and of the council24 and the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans . __________________ 24 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment . ### the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . member states should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans in accordance with the provisions of directive 2001 / 42 / ec of the european parliament and of the council24 and the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans . __________________ 24 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment .


### the achievement of the energy union objectives should be ensured through a combination of union initiatives and coherent national policies set out in integrated national energy and climate plans . sectorial union legislation in the energy and climate fields sets out planning requirements , which have been useful tools to drive change at the national level . their introduction at different moments in time has led to overlaps and insufficient consideration of synergies and interactions between policy areas . current separate planning , reporting and monitoring in the climate and energy fields should therefore as far as possible be streamlined and integrated . ### the achievement of the energy union targets and objectives should be ensured through a combination of union initiatives and coherent national policies set out in integrated national energy and climate plans . sectorial union legislation in the energy and climate fields sets out planning requirements , which have been useful tools to drive change at the national level . current separate planning , reporting and monitoring in the climate and energy fields should , where relevant , be streamlined and integrated .


### the commission shall establish an online reporting platform to facilitate communication between the commission and member states and promote cooperation among member states . ### the commission shall establish a public online platform to facilitate communication between the commission and member states , promote cooperation among member states and facilitate public access to information .


### the indicative national energy efficiency contribution to achieving the union ' s binding energy efficiency target of 30% in 2030 as referred to in article 1 and article 3 of directive 2012 / 27 / eu [ version as amended in accordance with proposal com761 ] , based on either primary or final energy consumption , primary or final energy savings , or energy intensity . ### with a view to achieving the union ' s binding energy efficiency target of at least 40%in 2030 , the member state ' s binding national energy efficiency target as referred to in [ article 1 and article 3 ] of directive 2012 / 27 / eu [ version as amended in accordance with proposal com761 ] . the union ' s 2020 energy consumption shall be no more than 1 483 mtoe of primary energy and no more than 1 086 mtoe of final energy , the union ' s 2030 energy consumption shall be no more than 1 132 mtoe of primary energy and no more than 846 mtoe of final energy for the first ten - year period ;


### consider whether the union ' s milestone of no more than 1483 mtoe of primary energy and no more than 1086 mtoe of final energy in 2020 is achieved ; ### assess whether individual member states are on track to meet their national binding target and whether the union ' s target of no more than 1483 mtoe of primary energy and no more than 1086 mtoe of final energy in 2020 is achieved ;


### without prejudice to any other union law requirements , member states shall ensure that the public is given early and effective opportunities to participate in the preparation of draft plans referred to in article 9 and attach to the submission of their draft integrated national energy and climate plan to the commission a summary of the public’s views . in so far as the provisions of directive 2001 / 42 / ec are applicable , consultations undertaken in accordance with that directive shall be deemed to satisfy also the obligations to consult the public under this regulation . ### without prejudice to any other union law requirements , member states shall ensure that the public is given early and effective opportunities to participate in the preparation of draft plans referred to in article 9 and 13 of this regulation , of long - term strategies referred to in article 14 of this regulation , and of progress reports referred to in article 15 of this regulation , when all options are open and effective citizens ' participation can take place .


### the goal of a resilient energy union with an ambitious climate policy at its core is to give union consumers , both households and businesses , secure , sustainable , competitive and affordable energy , which requires a fundamental transformation of europe ' s energy system . that objective can only be achieved through coordinated action , combining both legislative and non - legislative acts at union and national level . ### the goal of a resilient energy union with an ambitious climate policy at its core is to give union consumers , both households and businesses , secure , sustainable , competitive and affordable energy , which requires a fundamental transformation of europe ' s energy system . that objective can only be achieved through coordinated action , combining both legislative and non - legislative acts at union , national and local level .


### member states shall use the online platform for the purposes of submitting to the commission the reports referred to in this chapter once the platform becomes operational . ### member states shall use the online platform for the purposes of making public the draft and final integrated national energy and climate plans and long - term climate and energy strategies and the reports referred to in this chapter once the platform becomes operational .


### the long - term low emission strategies and the integrated national energy and climate plans referred to in article 3 should be consistent with each other . ### the integrated national energy and climate plans referred to in article 3 shall be consistent with the long - term climate and energy strategies .


### the targets , objectives and contributions are sufficient for the collective achievement of the energy union objectives and for the first ten - years period in particular the targets of the union ' s 2030 climate and energy framework ; ### the targets and objectives are sufficient for the collective achievement of the energy union objectives ;


### the integrated national energy and climate plans should cover ten - year periods and provide an overview of the current energy system and policy situation . they should set out national objectives for each of the five key dimensions of the energy union and corresponding policies and measures to meet those objectives and have an analytical basis . the national plans covering the first period from 2021 to 2030 should pay particular attention to the 2030 targets for greenhouse gas emission reductions , renewable energy , energy efficiency and electricity interconnection . member states should aim to ensure that the national plans are consistent with and contribute to achieving the sustainable development goals . ### the integrated national energy and climate plans should cover ten - year periods and provide an overview of the current energy system and policy situation . they should set out national targets and objectives for each of the five key dimensions of the energy union and corresponding policies and measures to meet those objectives and have an analytical basis . the national plans covering the first period from 2021 to 2030 should set out 2030 national binding targets for greenhouse gas emission reductions , renewable energy and energy efficiency and targets on electricity interconnection . member states should aim to ensure that the national plans are consistent with and contribute to achieving the sustainable development goals .


### member states shall describe , in accordance with the structure and format specified in annex i , the current situation for each of the five dimensions of the energy union including of the energy system and greenhouse gas emissions and removals at the time of submission of the national plan or on the basis of the latest available information . member states shall also set out and describe projections for each of the five dimensions of the energy union for the first ten - year period at least until 2040 expected to result from existing policies and measures . ### member states shall describe , in accordance with the structure and format specified in annex i , the current situation for each of the five dimensions of the energy union including of the energy system and greenhouse gas emissions and removals at the time of submission of the national plan or on the basis of the latest available information . member states shall also set out and describe projections for each of the five dimensions of the energy union for the first ten - year period at least until 2030 expected to result from existing policies and measures . member states shall make available to the public the assumptions , parameters and methodologies used for projections and scenarios .


### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , with a linear trajectory for that contribution from 2021 onwards ; ### the member state ' s binding national target of energy from renewable sources in gross final consumption of energy in 2030 , with a binding linear trajectory for target from 2021 onwards starting from the share of energy from renewable sources in the year 2020 as set out in the third column of the table in part a of annex i of directive 2009 / 28 / ec on the promotion of the use of energy from renewable sources and amending and subsequently repealing directives 2001 / 77 / ec and 2003 / 30 / ec , and pursuant to [ article 3 ] of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] ;


### member states shall prepare and report to the commission by 1 january 2020 and every 10 years thereafter their long - term low emission strategies with a 50 years perspective , to contribute to : ### member states and the commission on behalf of the union shall prepare by 1 january 2019 and every five years thereafter their long - term energy and climate strategies with a 2050 perspective , to :


### the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . member states should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans in accordance , where applicable , with the provisions of directive 2001 / 42 / ec of the european parliament and of the council24 and the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans . __________________ 24 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment . ### in order to enhance acceptance and ownership by relevant stakeholders and citizens of national climate and energy objectives , priorities and related plans and strategies , including integrated national energy and climate plans and long - term energy and climate strategies , each member state should establish a permanent multi - level energy and climate dialogue platform . such national platforms would also contribute to improving the implementation of integrated national energy and climate plans and long - term energy and climate strategies . multi - level climate and energy dialogue platforms should gather local authorities , civil society organisations , business community , investors , any other relevant stakeholders to discuss the different options envisaged for energy and climate policies . integrated national energy and climate plans as well as long - term climate and energy strategies should be discussed within the framework of this platform . the eu is committed to promoting gender equality and ensuring gender mainstreaming in all of its actions , therefore member states should fully take into account this principle in the definition and implementation of their integrated national energy and climate plan and their long - term climate and energy strategies . the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . to ensure legitimacy and facilitate the achievement of the energy union goals , member states have to ensure appropriate involvement of stakeholders from early stages of the planning and reporting processes . member states should therefore ensure that the public is given early and effective opportunities to actively participate in the preparation of the integrated national energy and climate plans , the long - term energy and climate strategies and the relevant reports when all options are open , in accordance with the provisions of the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans .


### the member states shall make available to the public forthwith their respective long - term low emission strategies and any updates thereof . ### the member states and the commission shall develop their strategies openly and transparently , and ensure that the public , social partners , businesses , investors , civil society and other stakeholders are given early and effective opportunities to participate in the preparation of the long - term climate and energy strategies and make the strategies and any supporting analyses and data public , including through the e - platform as referred to in article 24 .


### achieving long - term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in line with the union’s objective , in the context of necessary reductions according to the ipcc by developed countries as a group , to reduce emissions by 80 to 95 % by 2050 compared to 1990 levels in a cost - effective manner . ### achieve long - term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in line with the objective of limiting the union ' s greenhouse gas emissions below its fair share of the remaining global carbon budget in a cost - effective manner .


### in the area of energy efficiency , as part of its assessment referred to in paragraph 1 , the commission shall assess progress towards collectively achieving a maximum energy consumption at union level of 1 321 mtoe of primary energy consumption and 987 mtoe of final energy consumption in 2030 as referred to in article 6 . ### in the area of energy efficiency , as part of its assessment referred to in paragraph 1 , the commission shall assess progress towards collectively achieving a maximum energy consumption at union level of 1 132 mtoe of primary energy consumption and 846 mtoe of final energy consumption in 2030 as referred to in article 4 , on the basis of a linear trajectory , starting from 1474 mtoe of primary energy consumption and 1 078 mtoe of final energy in 2020 .


### long - term strategy for the renovation of the national stock of residential and commercial buildings 7including policies and measures to stimulate cost - effective deep and staged deep renovations __________________ 7 in accordance with article 2a of directive 2010 / 31 / eu [ version as amended in accordance with proposal com765 ] . ### long - term strategy for the renovation of the national stock of residential and commercial buildings including policies and measures to stimulate cost - effective deep and staged deep renovations , as well as for the promotion of skills and education in the construction sectors and for the deployment of behaviour - based energy efficiency programs and policies targeting different segments of the population according to article 2 [ epbd recast ] __________________ 7 in accordance with article 2a of directive 2010 / 31 / eu [ version as amended in accordance with proposal com765 ] .


### the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . member states should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans in accordance , where applicable , with the provisions of directive 2001 / 42 / ec of the european parliament and of the council24 and the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans . __________________ 24 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment . ### member states should establish a permanent multi - level energy dialogue platform gathering local authorities , civil society organisations , business community , investors , any other relevant stakeholders to discuss the different options envisaged for energy and climate policies . integrated national energy and climate plans as well as long - term climate and energy strategies should be discussed within the framework of this platform . the eu is committed to promoting gender equality and ensuring gender mainstreaming in all of its actions , therefore member states should fully take into account this principle in the definition and implementation of their integrated national energy and climate plan and their long - term climate and energy strategies . the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . member states should therefore ensure that the public is given early and effective opportunities to actively participate in the preparation of the integrated national energy and climate plans and long - term climate and energy strategies in accordance , where applicable , with the provisions of directive 2001 / 42 / ec of the european parliament and of the council24 and the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans . __________________ 24 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment .


### the commission shall report to the european parliament and to the council by 28 february 2026 and every five years thereafter on the operation of this regulation , its contribution to the governance of the energy union and the conformity of the planning , reporting and monitoring provisions of this regulation with other union legislation or future decisions relating to the unfccc and the paris agreement . the commission may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 to take stock of the collective efforts of parties in relation to progress towards the global long - term goal , and within six months of the global stocktake in 2023 and subsequent global stocktakes thereafter , the commission shall report to the european parliament and to the council on the operation and implementation of this regulation , its contribution to the governance of the energy union and the conformity of the planning , reporting and monitoring provisions of this regulation with other union legislation or future decisions relating to the unfccc and the adequacy of its contribution to the goals of paris agreement . the reports shall be accompanied by proposals to enhance the union ' s climate and energy action as appropriate .


### the commission shall establish an online reporting platform to facilitate communication between the commission and member states and promote cooperation among member states . ### the commission shall establish a public online platform to facilitate communication between the commission and member states , promote cooperation among member states and facilitate public access to information .


### the commission shall report to the european parliament and to the council by 28 february 2026 and every five years thereafter on the operation of this regulation , its contribution to the governance of the energy union and the conformity of the planning , reporting and monitoring provisions of this regulation with other union legislation or future decisions relating to the unfccc and the paris agreement . the commission may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 to take stock of the collective efforts of parties in relation to progress towards the global long - term goal , and within six months of the global stocktake in 2023 and subsequent global stocktakes thereafter the commission shall report to the european parliament and to the council on the operation of this regulation , its contribution to the goals of the paris agreement , the governance of the energy union and the conformity of the planning , reporting and monitoring provisions of this regulation with other union legislation or future decisions relating to the unfccc and the paris agreement . the commission shall include in its report an assessment of the adequacy of the current nationally determined contribution under the paris agreement , based on the latest scientific findings - and propose a formulation for a new ndc . in accordance with articles 3 and 4 . 3 of the paris agreement , the proposed ndc shall represent a progression over the previous one .


### in the area of renewable energy , as part of its assessment referred to in paragraph 1 , the commission shall assess the progress made in the share of energy from renewable sources in the union’s gross final consumption on the basis of a linear trajectory starting from 20% in 2020 and reaching at least 27% in 2030 as referred to in article 4 . ### in the area of renewable energy , as part of its assessment referred to in paragraph 1 , the commission shall assess the progress made in the share of energy from renewable sources in the union ' s gross final consumption on the basis of biennial milestones on a linear trajectory starting from 20% in 2020 and reaching at least 35% in 2030 as referred to in article 4 .


### a description of the policies and measures foreseen to meet the corresponding objectives , targets and contributions set out under point ; ### a description of the planned policies and measures foreseen to meet the corresponding objectives and targets set out under points and , including a description of the way the energy efficiency first principle is integrated into these policies and measures ;


### the macroeconomic , environmental , skills and social impact of the planned policies and measures referred to in article 7 and further specified in annex i , for the first ten - year period at least until the year 2030 including a comparison with the projections based on existing policies and measures referred to in paragraph 1 ; ### the macroeconomic , health , environmental , skills and social impact of individual and aggregated planned policies and measures referred to in article 7 and further specified in annex i , for the first ten - year period at least until the year 2030 including a comparison with the projections of existing policies and measures referred to in paragraph 1 . the methodology used to assess these impacts shall be made public and the use of cost - benefit analysis shall be encouraged ;


### the managing director and the deputy managing director shall be appointed by the steering board on a joint proposal of the commission and the eib for a renewable fixed term of three years . ### the managing director and the deputy managing director shall be appointed by the steering board on a joint proposal of the commission and the eib , subject to the prior approval of the european parliament , for a once renewable fixed term of three years .


### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### the eib shall publish all documents relating to both the administrative tasks of the eib , as well as to the projects it finances directly or indirectly ; it shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 and any citizen of the european union and any natural and legal person residing or having its registered office in a member states shall have access to the documents related to the efsi in accordance with the regulation no . 1049 / 2001 of the european parliament and the council regarding public access to european parliament , council .


### the delegation of powers referred to in article 4 shall be conferred for an indeterminate period of time from [ xx - xx - xxx ] onwards . ### the power to adopt delegated acts referred to in article 9 shall be conferred on the commission for a period of five years from [ xx - xx - xxx ] . 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 .


### this regulation establishes a legal framework for the electronic communication of regulatory information related to the transport of goods on the territory of the union . for that purpose , this regulation : ### this regulation establishes a legal framework for the electronic communication of regulatory information directly or indirectly&#160 ; related&#160 ; to the transport of goods . for that purpose , this regulation :


### by [ five years from the date of application of this regulation ] at the latest the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . ### by [ three years from the date of application of this regulation ] at the latest the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee .


### ' ‘ interconnector’ means a transmission line which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction ; ' ### ' ‘ interconnector’ means a transmission line which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction and including territorial waters and exclusive economic zones ; '


### the identification of a generalised deficiency requires a qualitative assessment by the commission . that assessment could be based on the information from all available sources and recognized institutions , including judgments of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations and networks , such as the bodies of the council of europe and the european networks of supreme courts and councils for the judiciary . ### the identification of a generalised deficiency requires a qualitative and quantitative assessment by the commission . that assessment should be based on the judgments of the court of justice of the european union and reports of the court of auditors .


### the commission may take into account all relevant information , including decisions of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations . ### when assessing whether the conditions of article 3 are fulfilled , the commission shall take into account all relevant information , including decisions of the court of justice of the european union , resolutions of the european parliament , reports of the court of auditors , and conclusions and recommendations of relevant international organisations and networks , such as the bodies of the council of europe and the european networks of supreme courts and councils for the judiciary . the commission shall also take into account the criteria used in the context of union accession negotiations , in particular the chapters of the acquis on judiciary and fundamental rights , justice , freedom and security , financial control and taxation , as well as the guidelines used in the context of the cooperation and verification mechanism to track the progress of a member state .


### where the commission considers that the generalised deficiency as regards the rule of law is established , it shall submit a proposal for an implementing act on the appropriate measures to the council . ### where the commission considers that the generalised deficiency as regards the principles of separation of state powers and of independence and impartiality in judicial review is established , it shall submit a proposal for an implementing act on the appropriate measures to the council .


### the measures taken shall be proportionate to the nature , gravity and scope of the generalised deficiency as regards the rule of law . they shall , insofar as possible , target the union actions affected or potentially affected by that deficiency . ### the measures taken shall be restricted to the extent of the deficiency identified . they shall only target the union actions affected or potentially affected by that deficiency .


### ' generalised deficiency as regards the rule of law ' means a widespread or recurrent practice or omission , or measure by public authorities which affects the rule of law ; ### ‘ generalised deficiency as regards the principles of separation of state powers and of independence and impartiality in judicial review’ means a widespread or recurrent practice or omission , or measure by public authorities which affects the principles of separation of state powers and of independence and impartiality in judicial review ;


### appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a member state affects or risks affecting the principles of sound financial management or the protection of the financial interests of the union , in particular : ### appropriate measures shall be taken where a generalised deficiency as regards the principles of separation of state powers and of independence and impartiality in judicial review in a member state affects the protection of the financial interests of the union , in particular :


### before proposing the adoption of any measure pursuant to this regulation , the commission should inform the member state concerned why it considers that a generalised deficiency regarding the rule of law might exist in that member state . the member state should be allowed to submit its observations . the commission and the council should take those observations into account . ### before proposing the adoption of any measure pursuant to this regulation , the commission should inform the member state concerned why it considers that the principles of separation of state powers and of independence and impartiality in judicial review may have been affected . the member state should be allowed to submit its observations contradicting the commission’s view . the commission and the council should take those observations into account .


### the possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined . those measures should include the suspension of payments and of commitments , a reduction of funding under existing commitments , and a prohibition to conclude new commitments with recipients . ### the possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined , and an assessment made of the impact they will have on citizens in the member state concerned . it is important to ensure that measures penalising actions or omissions by the state apparatus do not have an adverse effect on citizens . those measures should include the suspension of payments and of commitments , a reduction of funding under existing commitments , and a prohibition to conclude new commitments with recipients .


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ” ; ### the general objective of the programme shall be to provide support to national , regional and local authorities for administrative and economic reform and measures aimed at reforming and strengthening institutions , governance , public administration , economic and social sectors , and addressing economic and social challenges , with a view to promoting and enhancing sustainable growth , environmental sustainability , social protection , job creation and investment , competitiveness , productivity , territorial and social cohesion , convergence and shared prosperity , resilience to shocks . that support may include also assistance for the efficient , effective and transparent use of the union funds as well as for the correct and timely transposition and implementation of legal acts of the union . through these goals the programme will also prepare for participation in the euro area , in particular in the context of economic governance processes . ” ;


### 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 , 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 ;


### 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 services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the union industry shall be consulted during the report drafting process . 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 . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission’s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report . in any event , the european commission shall carry out a review of the report every two years .


### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . ### in assessing the actual behaviour of an exporting country within the meaning of point , regard should be had to the following criteria : a high degree of government influence over the allocation of resources and decisions of enterprises , whether directly or indirectly , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; state - induced distortions in the operation of enterprises linked to privatisation and the use of non - market trading or compensation systems ; the lack of a transparent and non - discriminatory company law which ensures adequate corporate governance ; the lack of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the lack of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; control by the national industry of over 40% of the global market share in a specific sector , which could be a sign of abuse of dominant position ; non - compliance with international and european social , tax and environmental standards and any other criterion or fact which the commission considers to be appropriate with a view to evaluating the existence of significant distortions .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that 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 ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### such systemic or macro distortions determine to a large extent whether prices and costs are significantly distorted in companies and sectors . the assessment of systemic distortions is particularly important in the case of heterogeneous sectors composed by a high share of small and medium sized enterprises where evidence of sector specific distortions are the most difficult to find . the existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country should lead automatically to the use of undistorted international , third country or union prices , costs or benchmarks for each and every factor of production in the construction of the normal value . if an exporting producer from a country or a sector in which there exists one or more significant distortions conclusively demonstrates that it is not directly or indirectly affected by any significant distortion and that its costs of one or more individual factors of production are not distorted , those costs should be used in the construction of its normal value . the absence of distortion of an exporting producer ' s costs of a given factor and the reliability thereof should be assessed , inter alia , by reference to the quantities involved , their proportion in relation to the total costs of that factor , and actual use in production . such individual findings should not influence the normal value of other exporting producers and consequently should not be extrapolated to the whole country or sector regardless of the application of article 17 . it is further appropriate to provide that the commission services issue a report describing the specific situation concerning these criteria in a certain country or a certain sector . the report should cover both sector / company specific and macro / systemic distortions , the latter being of particular importance for sectors with high share of smes the union industry should be consulted during the report drafting process . such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector . in accordance with its role , the european parliament should monitor the report drafting process . on the request of the european parliament or in the case of a change of circumstances in a specific country or sector , the commission should update the report . the determinations made as to the existence of market - economy distorting practices for a country or sector should take into account all of the relevant evidence on the file and should be made definitively by the commission no later than three months following initiation of an investigation . interested parties should be given 10 days to comment on these determinations .


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , any review pursuant to this paragraph shall be deferred to the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of new paragraph 7 of article 2 shall not replace the original methodology used for the determination of the normal value until the later of the date on which the first expiry review of these measures , following two years after the entry into force of this regulation .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that 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 ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other production factors , are not the result of free market forces because they are affected by state intervention at any level , including central , regional and provincial level . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises , such as public bodies , which operate under the ownership , control or policy supervision or guidance , whether direct or indirect , of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; or otherwise influencing free market forces , including the allocation of resources ; the absence of a transparent and non - discriminatory company law which ensures adequate corporate governance , such as the application of international accounting standards , the protection of shareholders and public availability of accurate company information ; the absence and implementation of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; lack of compliance with international social and environmental standards having as result an impact on costs production . it is further appropriate to provide that the commission should issue , as soon as possible , a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector and updated on a regular basis as appropriate ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used .


### 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 . ### such systemic or macro distortions determine to a large extent whether prices and costs are significantly distorted in companies and sectors . the assessment of systemic distortions is particularly important in the case of heterogeneous sectors composed by a high share of small and medium sized enterprises where evidence of sector specific distortions are the most difficult to find . the existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or union prices , costs or benchmarks for each factor of production in the construction of the normal value . if exporting producers from a country or a sector in which there exists one or more significant distortions clearly demonstrate that their industry as a whole is not directly or indirectly affected by any significant distortion , their costs shall be used in the construction of the normal value . if an exporting producer from a country or a sector in which there exists one or more significant distortions clearly demonstrates that its costs of one or more individual factors of production relate to imports from countries without significant distortions and are not distorted , as assessed pursuant to the following paragraph , those costs shall be used in the construction of its normal value . the absence of distortion of an exporting producer ' s costs of a given factor and the reliability thereof shall be assessed , inter alia , by reference to the quantities involved , their proportion in relation to the total costs of that factor , and actual use in production . such individual findings shall not influence the normal value of other exporting producers and consequently shall not be extrapolated to the whole country or sector regardless of the application of article 17 . with regard to the various elements described above , the commission shall set deadlines for the submission of evidence in order to allow the respect of both the rights of defence of all interested parties and the overall procedural deadlines . further evidence relating to individual factors of production can be accepted by the commission after those deadlines only if it is possible to be properly and adequately verified by the commission , and other parties would have sufficient time to comment .


### 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 in the economy as a whole or in sectors of the economy , 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 every factor of production . 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 , including those in the union , and with sufficient level of international social and environmental standards , provided the relevant data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . where an exporter can clearly demonstrate that its prices or costs of all factors of production are not affected by significant distortions , those prices or costs shall be used in the construction of its normal value .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that 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 ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### given the need to promote and defend international trade based on the principles of fairness , sustainability and fair competition and in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions may be deemed to exist where an exporting country implements practices which distort the market economy in such a way as to make the use of domestic prices and production costs inappropriate , including the costs of raw materials , energy and other production factors . to that end , it is appropriate to clarify that in considering the actual behaviour of an exporting country , regard should be had to the following criteria : a high degree of government influence over the allocation of resources and decisions of enterprises , whether directly or indirectly , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; state - induced distortions in the operation of enterprises linked to privatisation and the use of non - market trading or compensation systems ; the lack of a transparent and non - discriminatory company law which ensures adequate corporate governance ; the lack of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the lack of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; control by the national industry of over 40% of the global market share in a specific sector , which could be a sign of abuse of dominant position ; non - compliance with international and european social , tax and environmental standards and any other criterion or fact which the commission considers to be appropriate with a view to evaluating the existence of significant distortions .


### 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 . ### if an exporting country implements practices which distort the market economy in such a way as to cause significant distortions of its domestic prices and production costs , including the costs of raw materials , energy and other production factors , the normal value shall be constructed on the basis of undistorted international prices , costs or benchmarks , or of the corresponding costs of production and sale in an appropriate representative country , including those of the union , provided that the relevant cost data are readily available . indirect environmental costs such as carbon dioxide emissions shall be taken into account and estimated as a part of the total cost for the same amount as in europe ; where there is no cooperation from the exporting country , the maximal cost will be applied . the constructed normal value shall include a reasonable , undistorted amount for administrative , selling and general costs and for profits .


### this regulation shall apply to all decisions on the initiation of proceedings , and to all proceedings , including original investigations and review investigations , initiated , on or after the date on which this regulation enters into force . ### this regulation shall apply to all investigations under article 5 of regulation 1036 / 2016 initiated , on or after the date on which this regulation enters into force . for all other investigations , this regulation shall apply from the date on which the first expiry review of the relevant measures , following the entry into force of this regulation is terminated .


### 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 services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the report should cover both sector / company specific and macro / systemic distortions , the latter being of particular importance for sectors with high share of smes . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based shall be placed on the file of any investigation relating to that country or sector . in the absence of a report the commission shall use any available information or data to establish the existence of one or more significant distortions and use the methodology referred to in point if the relevant requirements are met . at the initiation of an investigation related to imports from a country or sector in which the commission has well - founded indications of the possible existence of significant distortions , the commission shall make a provisional determination as to the existence of significant distortions for that country or sectors and inform the parties of the investigations . the definitive determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made by the commission no later than 45 days following initiation of an investigation . interested parties shall be given 10 days to comment on these determinations . any determination that significant distortions exist in a given country or sector shall stand as long as sufficient evidence has not conclusively shown that that country or sector is not anymore affected by significant distortions and shall remain in effect until revoked . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission ' s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report .


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time shall be deemed to elapse on the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraph 6a of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of regulation . . . , is terminated .


### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low , such costs may be adjusted or established on any reasonable basis , including information from other representative markets or from international prices or benchmarks . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment . ### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where the exporting country implements practices which distort the market economy with the consequence that costs reflected in the records of the party concerned are artificially low , such costs should be adjusted or established on any reasonable basis , including information from other representative markets or from international prices or benchmarks , as long as they are undistorted , or from markets in the european union . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment . this is especially the case when , in the exporting country , there is no equivalent to european social and environmental standards or where there is production overcapacity in one or more sectors which has a major impact on prices and costs . possible information or evidence regarding the existence of practices which distort the market economy may also be provided by stakeholders , such as industries and trade unions . this information should be taken into consideration when decisions are made with regard to the production or updating of reports .


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time shall be deemed to elapse on the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraphs to of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of this regulation , is initiated .


### this regulation shall apply to all decisions on the initiation of proceedings , and to all proceedings , including original investigations and review investigations , initiated , on or after the date on which this regulation enters into force . ### this regulation shall apply to all investigations under article 5 of regulation 1036 / 2016 initiated , on or after the date on which this regulation enters into force . for all other investigations , this regulation shall apply from the date on which the first expiry review of the relevant measures , following the entry into force of regulation . . . . , is terminated .


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , any review pursuant to this paragraph shall be deferred to the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraph 6a of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of regulation . . . , is terminated .


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


### 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 , and to reporting persons whose working relationship has ceased .


### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive . ### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting .


### the commission should report annually to the european parliament and the council on the financing and investment operations covered by the efsd guarantee with a view to ensuring accountability to the european citizens . the report should be made public in order to allow relevant stakeholders , including civil society , to express their views . the commission should also report annually to the european parliament and the council on the management of the efsd guarantee fund so that accountability and transparency are ensured . ### the commission must report annually to the european parliament and the council on the financing and investment operations covered by the efsd guarantee with a view to ensuring full accountability to the european citizens . the report must be made public in order to allow relevant stakeholders , including civil society , to express their views . the commission must also report annually to the european parliament and the council on the management of the efsd guarantee fund so that accountability and transparency are ensured .