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


### several member states have put in place measures according to which they may restrict the movement of capital between member states and between member states and third countries on grounds of public policy or public security . those measures reflect member states ' objectives and concerns with respect to foreign direct investment , and result in a number of different measures in terms of scope and procedure . other member states do not have such mechanisms . ### several member states have put in place measures according to which they may restrict the movement of capital between member states and between member states and third countries on grounds of public policy or public security . those measures reflect member states ' objectives and concerns with respect to foreign direct investment , and result in a number of different measures in terms of scope and procedure . other member states do not have such mechanisms and should therefore introduce them .


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security , public order or strategic interest . this is without prejudice to the sole responsibility of the member states for the maintenance of national security .


### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment ; ### ' foreign investor ' means a natural person of a third country , an undertaking of a third country intending to make or having made a foreign direct investment , or a third state ;


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of security , public order or strategic interest , member states and the commission may consider the potential effects on , inter alia :


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , or the security and strategic interest of the union , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments .


### the products , services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed ; ### the products , services , patents and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed ;


### ‘ history of safe food use in a third country’ means that the safety of the food in question has been confirmed with compositional data and from experience of continued use for at least 25 years in the customary diet of a large part of the population of a third country , prior to a notification referred to in article 13 ; ### ‘ history of safe food use in a third country’ means that the safety of the food in question has been confirmed with compositional data and from experience of continued use and significant consumption for at least 25 years in the normal daily diet of a large part of the population or geographical region of a third country , prior to a notification referred to in article 13 ;


### the commission shall establish and update a union list of novel foods authorised to be placed on the market within the union in accordance with articles 6 , 7 and 8 . ### the commission shall establish and update a union list of novel foods authorised , which shall include a list of traditional food from third countries , to be placed on the market within the union in accordance with articles 6 , 7 and 8 .


### only novel foods authorised and included in the union list may be placed on the market within the union as such and used in or on foods under the conditions of use specified therein . ### only novel foods authorised and included in the union list or in the list of traditional foods from third countries may be placed on the market within the union as such and used in or on foods under the conditions of use specified therein .


### its use does not mislead the consumer ; ### its use does not mislead the consumer , even to a material degree ;


### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; ### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects , the intended use of the food and its origin , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ;


### 85% of paper and cardboard . ### 95% of paper and cardboard .


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , present proposals by 2020 to strengthen , upgrade and complement the enforcement of the essential requirements to improve the eco - design , reusability and recyclability of packaging as well as to phase out all hazardous materials in packaging . '


### 75% of paper and cardboard ; ### 90% of paper and cardboard ;


### — packaging shall be designed , produced and commercialized in such a way as to permit its reuse or recovery , including recycling , and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of . ### in annex ii , point 1 , indent 2 is replaced by the following : — packaging shall be designed , produced and commercialized in such a way as to permit its re - use or recovery recycling , and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of .


### packaging recoverable in the form of composting packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it should not hinder the separate collection and the composting process or activity into which it is introduced . ### in annex ii , point 3 , point c is replaced by the following : packaging recoverable in the form of composting packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it does not hinder the separate collection and the composting process or activity into which it is introduced .


### biodegradable packaging biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical , chemical , thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide , biomass and water . ' ### in annex ii , point 3 , point d is replaced by the following : biodegradable packaging biodegradable packaging waste shall be of such a nature that it is capable of undergoing a complete decomposition under natural composting conditions such that most of the finished compost ultimately decomposes into carbon dioxide , biomass and water in less than two months with no harm for the marine environment .


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the gross domestic product ratio means the ratio between the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gdp of the eu27 in purchasing power standards of the 27 member states for that same reference period .


### outreach to the private sector and transparency are essential elements for an effective export control regime . it is therefore appropriate to provide for the continued development of guidance to support the application of this regulation and for the publication of an annual report on the implementation of controls , in line with current practice . ### outreach to the private sector , in particular to smes , and transparency are essential elements for an effective export control regime . it is therefore appropriate to provide for the continued development of guidance to support the application of this regulation and for the publication of an annual report on the implementation of controls , in line with current practice .


### each member state should determine effective , proportionate and dissuasive penalties applicable in the event of breach of the provisions of this regulation . it is also appropriate to introduce provisions to tackle specifically instances of illicit trafficking of dual - use items in order to support effective enforcement of controls . ### each member state should determine effective , proportionate and dissuasive penalties applicable in the event of breach of the provisions of this regulation . these penalties should be , as far as possible , harmonised between the member states to ensure coherence of application of this regulation . it is also appropriate to introduce provisions to tackle specifically instances of illicit trafficking of dual - use items in order to support effective enforcement of controls .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events , regardless of where it is in the european union that they have acquired those services . therefore , all barriers that hamper access and use of such online content services should be eliminated .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . at a time when business models are moving away from territorial exclusivity , we are witnessing rapidly growing demand on the part of consumers for uninterrupted barrier - free access to innovative online content and services across the union .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers who are exercising their fundamental right of freedom of movement within the union often cannot access online content services outside the member state in which they have acquired the right to use them .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers when they move within the union . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed for use in part of the union only as well as from the fact that online service providers may choose to serve specific markets only .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . this is designed to ensure that those online content service providers who intend to adopt business models based on full accessibility of their services across the union , moving beyond territorial exclusivity , are able to innovate and compete on an equal footing with service providers who persist with traditional models , thereby helping to complete the digital single market to the advantage of all consumers in the union .


### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts or a mere acceptance of html cookies should not be regarded as a contract for the provision of online content service for the purposes of this regulation . ### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory in the union , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content throughout the territory of the union . contracts for the provision of online content services within the meaning of this regulation should be concluded formally and explicitly between the service provider and the subscriber , in written or electronic form , in accordance with directive 2011 / 83 / eu1a . __________________ 1a directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights , amending council directive 93 / 13 / eec and directive 1999 / 44 / ec of the european parliament and of the council and repealing council directive 85 / 577 / eec and directive 97 / 7 / ec of the european parliament and of the council .


### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation . ### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service throughout the territory of the union , by providing them access to the service , as contractually stipulated . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service in any part of the territory of the union , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation .


### for the licensing of copyright and related rights , this means that relevant acts of reproduction , communication to the public and making available of works and other protected subject - matter , as well as the acts of extraction or re - utilization in relation to databases protected by sui generis rights , which occur when the service is provided to subscribers when they are temporarily present in a member state other than their member state of residence , should be deemed to occur in the subscribers ' member state of residence . the service providers , therefore , should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the member state of residence of these subscribers . whenever service providers can carry out acts of communication to the public or reproduction in the member state of the subscriber on the basis of an authorisation from the right holders concerned , a subscriber who is temporarily present in a member state other than his member state of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own member state of residence . the provision of an online content service by a service provider to a subscriber temporarily present in a member state other than his or her member state of residence and the use of the service by such a subscriber in accordance with this regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service . ### for the licensing of copyright and related rights , this means that relevant acts of reproduction , communication to the public and making available of works and other protected subject - matter , as well as the acts of extraction or re - utilization in relation to databases protected by sui generis rights , which occur when the service is provided to subscribers in the union , should be deemed to occur in the state in which the relevant contracts have been concluded . whenever service providers can carry out acts of communication to the public or reproduction in the member state , the provision of an online content service by a service provider to a subscriber moving freely within the union and the use of the service by such a subscriber in accordance with this regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state in which the relevant contract has been concluded , in order to guarantee them a high level of protection , as well as transparency , correctness and equity in contractual relations . this regulation facilitates coordination between the european commission and the competent market surveillance authorities to ensure that the protection of right holders is guaranteed effectively by means of instruments which are reasonable , proportional and consistent with the purpose , not going beyond what is strictly necessary , at the same time ensuring freedom to browse anonymously in accordance with the charter of fundamental rights of the european union and particularly articles 7 and 8 thereof . technical and organisational measures should include appropriate security measures to protect personal data and the release of transparent information to the individuals about the methods of acquisition and processing of such data and the purposes thereof . considering that what matters is not the location , but rather whether the subscriber has access to the service within the territory of the union , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required .


### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the member state of residence on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of access to and use of works , other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner , ### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the union on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of access to and use of works , other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner ,


### the provider of an online content service shall inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1 . ### the provider of an online content service shall annex to the contract concluded with the subscriber documentation concerning the quality of delivery of the online content service provided in the union in accordance with paragraph 1 , ensuring transparency , correctness and equity in the contractual relationship .


### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of , the access to or the use of an ancillary online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 2 years , to be inserted by opoce ] if they expire after that date . ### agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an online service as well as for the acts of reproduction which are necessary for the provision of , the access to or the use of an online service which are in force on [ the date mentioned in article 7 , to be inserted by opoce ] shall be subject to article 2 as from [ the date mentioned in article 7 + 2 years , to be inserted by opoce ] if they expire after that date .


### member states shall provide the commission with the necessary information for the preparation of the report referred to in paragraph 1 . ### member states shall provide the commission , in a timely and accurate manner , with the necessary information for the preparation of the report referred to in paragraph 1 .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full development potential of the internal market from being realised , and delays or impedes technological innovation in the field . clarifying in which situations there can be no justification for differential treatment of this kind should bring legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . furthermore , such discrimination has often happened with the informal consensus of administrative and regulatory national authorities , which have been fully aware of the practice , but have chosen not to act against it . in order to develop the full potential of the digital single market , such attitude should be overcome . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to prevent direct as well as indirect discrimination . by indirect discrimination it is understood the application of distinguishing criteria other than customer ' s nationality , place of residence or place of establishment which lead either deterministically or statistically to the same result as the direct application of those same criteria . it also covers unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . as a standard of proof for demonstrating such individual negotiation , regulatory authorities should request evidence of substantially personalised contractual terms and conditions .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices but not limited to them , traders or any other parties acting on their behalf should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , surfing history and / or patterns , gsm tracking or localisation , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in principle , and barring the specific exceptions provided by this regulation , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment , or any other indirect means correlated to these criteria , cannot be considered as objectively justified in the sense of article 20 of directive 2006 / 123 on services in the internal market . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces .


### the second situation is where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , such as cloud services , data warehousing services , website hosting and the provision of firewalls . in this case , no physical delivery is required , as the services are being supplied electronically . the trader can declare and pay vat in a simplified manner in accordance with the rules on vat mini - one - stop - shop set out in council implementing regulation no 282 / 201126 . _________________ 26 council implementing regulation no 282 / 2011 of 15 march 2011 laying down implementing measures for directive 2006 / 112 / ec on the common system of value added tax . ### the second situation is where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , such as cloud services , data warehousing services , website hosting and the provision of firewalls . in this case , no physical delivery is required , as the services are being supplied electronically . the trader can declare and pay vat in a simplified manner in accordance with the rules on vat mini - one - stop - shop set out in council implementing regulation no 282 / 201126 . any difference in the application of tax regimes should not entail the application of different conditions of access . _________________ 26 council implementing regulation no 282 / 2011 of 15 march 2011 laying down implementing measures for directive 2006 / 112 / ec on the common system of value added tax .


### the payments are in a currency that the payee accepts . ### the payments are in a currency of a member state of the european union , or in any other currency that the payee accepts .


### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final ) ### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open , transparent and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final )


### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes . ### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . particular attention should be paid to providing workers , especially in the context of an ageing workforce , the means and tools to benefit from the opportunities offered by new digital infrastructures . failing this could impede the smooth deployment of advanced digital technologies and hamper the participation of citizens to the public life and the job market , as well as the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes .


### ' digital innovation hub ' means legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry . ### ' digital innovation hub ' means legal entity designated or selected in an open , transparent and competitive procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry .


### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to european citizens and businesses . the programme will : ### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to&#160 ; european public sector , &#160 ; citizens and businesses . the programme will :


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of high - quality long - term trainings and courses for students , teachers , trainers , researchers , it professionals and the workforce ;


### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders and the workforce ; ### support the design and delivery of high - quality short - term trainings and courses for teachers , trainers , entrepreneurs , small business leaders , self - employed and the workforce ;


### support on - the - job trainings and traineeships for students , young entrepreneurs and graduates . ### support high - quality on - the - job trainings and traineeships for students , young entrepreneurs and graduates .


### ensure that the public sector and areas of public interests , such as health and care , education , judiciary , transport , energy , environment , cultural and creative sectors , can deploy and access state - of - the - art digital technologies , in particular high performance computing , artificial intelligence and cybersecurity ; ### ensure that the public sector and areas of public interests , such as health and care , education , judiciary , transport , energy , environment , cultural and creative sectors , can effectively deploy and access state - of - the - art digital technologies , in particular high performance computing , artificial intelligence and cybersecurity ;


### additional digital innovation hubs shall be selected on the basis of an open and competitive process , in such a way to ensure the widest geographical coverage across europe . the number of entities of the network shall be proportional to the population of a given member states and there shall be at least one digital innovation hub per member state . to address the specific constraints faced by the eu outermost regions , specific entities may be nominated to cover their needs . ### additional digital innovation hubs shall be selected on the basis of an open , transparent and competitive process , in such a way to ensure the widest geographical coverage across europe . the number of entities of the network shall be proportional to the population of a given member states and there shall be at least one digital innovation hub per member state . to address the specific constraints faced by the eu outermost regions as well as the development needs of eu less advantaged areas , specific entities may be nominated to cover their needs .


### provide digital transformation services - including testing and experimentation facilities - targeted towards smes and midcaps , also in sectors that are slow in the uptake of digital and related technologies ; ### provide digital transformation services - including testing and experimentation facilities - targeted towards start - ups , smes and midcaps , especially in sectors that are slow in the uptake of digital and related technologies ;


### provide thematic services , including services related to artificial intelligence , high performance computing and cybersecurity and trust to the administrations , public sector organisations , smes and midcaps . individual digital innovation hubs may specialise in specific thematic services and do not need to provide all thematic services mentioned in this paragraph ; ### provide thematic services , including services related to artificial intelligence , high performance computing and cybersecurity and trust to the administrations , public sector organisations , start - ups , smes and midcaps . individual digital innovation hubs may specialise in specific thematic services and do not need to provide all thematic services mentioned in this paragraph ;


### access to on the job training by taking part in traineeships in competence centres and companies deploying advanced technologies . ### access to on the job training by taking part in quality and paid traineeships in competence centres and companies deploying advanced technologies , including through existing initiatives such as the digital opportunity traineeship initiative .


### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce . ### the esf + should aim to promote quality employment through active interventions enabling integration into the education system and the world of work , notably for youth , in particular young people not in employment , education or training , the long - term unemployed , minorities , migrants , the inactive and people with disabilities , as well as through promoting self–employment , with the accompanying adaptation of social protection systems and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted and personalised counselling and guidance during the job search and the transition from education to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and the access of each family to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce .


### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility . ### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations including through minimum income schemes in line with principle 14 of the european pillar of social rights and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , the working poor , the homeless and all other people facing multiple social challenges . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility and coverage , including for people in atypical situations .


### the esf + shall support , complement and add value to the policies of the member states to ensure equal opportunities , access to the labour market , fair working conditions , social protection and inclusion , and a high level of human health protection . ### the esf + shall support , complement and add value to the policies of the member states in the spirit of the pillar of social rights to ensure equal opportunities in line with principles 2 and 3 , access to the labour market in line with principle 4 , fair working conditions in line with principles 5 , 6 , 7 , 8 , 9 and 10 , social protection and inclusion in line with principles 11 , 12 , 13 , 14 , 17 , 18 , 19 and 20 , and a high level of human health protection in line with principle 16 .


### the esf + shall support , complement and add value to the policies of the member states to ensure equal opportunities , access to the labour market , fair working conditions , social protection and inclusion , and a high level of human health protection . ### the esf + shall support , complement and add value to the policies of the member states to eradicate poverty , ensure equal opportunities , access to formal and non - formal quality education and training , the labour market , fair working conditions , social protection and inclusion , and a high level of human health protection .


### addressing material deprivation through food and / or basic material assistance to the most deprived , including accompanying measures . ### addressing material deprivation through food and / or basic material assistance to the most deprived , in particular children , including accompanying measures .


### member states having a rate of young people aged 15 to 29 not in employment , education or training above the union average in 2019 on the basis of eurostat data , shall allocate at least 10% of their esf + resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school - to - work transition , pathways to reintegrate into education or training and second chance education , in particular in the context of implementing youth guarantee schemes . ### member states having a rate of young people aged 15 to 29 not in employment , education or training above the union average in 2019 on the basis of eurostat data , shall allocate at least 12% of their esf + resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school - to - work transition , pathways to reintegrate into education or training and second chance education , in particular in the context of implementing youth guarantee schemes .


### these powers should be exercised on a proposal from the commission on the maximum total number of persons to be resettled and overall geographical priorities . the commission should make its proposal simultaneously with its proposal on the draft union annual budget . the council should aim to adopt the proposal within two months . the commission and the council should take into account the discussions within the high - level resettlement committee . ### the commission , by means of delegated acts to be adopted in accordance with article 290 of the treaty on the functioning of the european union , should draw up the annual resettlement plan laying down the maximum total number of persons to be resettled , the geographical priorities , and the levels of member state participation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . the commission should make its proposal simultaneously with its proposal on the draft union annual budget . the commission should take into account the discussions within the high - level resettlement committee .


### where necessary , local coordination and practical cooperation arrangements among member states , supported by the [ european union agency for asylum ] in accordance with article 12 , and with third countries , and unhcr or other partners ; ### local coordination and practical cooperation arrangements among member states , supported by the [ european union agency for asylum ] in accordance with article 12 , and with third countries , and unhcr or other partners ;


### following the conclusion of the european citizens ' initiative on the right to water 71 , a union - wide public consultation was launched and a regulatory fitness and performance evaluation of directive 98 / 83 / ec was performed72 . it became apparent from that exercise that certain provisions of directive 98 / 83 / ec needed to be updated . four areas were identified as offering scope for improvement , namely the list of quality - based parametric values , the limited reliance on a risk - based approach , the imprecise provisions on consumer information , and the disparities between approval systems for materials in contact with water intended for human consumption . in addition , the european citizens ' initiative on the right to water identified as a distinct problem the fact that part of the population , especially marginalised groups , has no access to water intended for human consumption , which is also a commitment under sustainable development goal 6 of un agenda 2030 . a final issue identified is the general lack of awareness of water leakages , which are driven by underinvestment in maintenance and renewal of the water infrastructure , as also pointed out in the european court of auditors ' special report on water infrastructure73 . _________________ 71 com 177 final 72 swd 428 final 73 special report of the european court of auditors sr 12 / 2017 : ' implementing the drinking water directive : water quality and access to it improved in bulgaria , hungary and romania , but investment needs remains substantial ' . ### following the conclusion of the european citizens ' initiative on the right to water 71 , a union - wide public consultation was launched and a regulatory fitness and performance evaluation of directive 98 / 83 / ec was performed72 . it became apparent from that exercise that certain provisions of directive 98 / 83 / ec needed to be updated . four areas were identified as offering scope for improvement , namely the list of quality - based parametric values , the limited reliance on a risk - based approach , the imprecise provisions on consumer information , the accessibility of consumer information , and the disparities between approval systems for materials in contact with water intended for human consumption . in addition , the european citizens ' initiative on the right to water identified as a distinct problem the fact that part of the population , especially marginalised groups , has no access to water intended for human consumption , which is also a commitment under sustainable development goal 6 of un agenda 2030 . a final issue identified is the general lack of awareness of water leakages , which are driven by underinvestment in maintenance and renewal of the water infrastructure , as also pointed out in the european court of auditors ' special report on water infrastructure73 . _________________ 71 com 270 final . 72 swd 527 final 73 special report of the european court of auditors sr 12 / 2017 : ' implementing the drinking water directive : water quality and access to it improved in bulgaria , hungary and romania , but investment needs remain substantial ' .


### the hazard assessment should be geared towards reducing the level of treatment required for the production of water intended for human consumption , for instance by reducing the pressures causing the pollution of water bodies used for abstraction of water intended for human consumption . to that end , member states should identify hazards and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant , for instance because of the hazards identified , because of their natural presence in the abstraction area , or because of information from the water suppliers . those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies , such as prevention or mitigating measures , to protect those water bodies and address the pollution source , in cooperation with water suppliers and stakeholders . _________________ 78 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . ### the hazard assessment should be geared towards reducing and optimising the level of treatment required for the production of water intended for human consumption , for instance by reducing the pressures causing the pollution of water bodies used for abstraction of water intended for human consumption , facilitating quality and cleanliness monitoring , and encouraging the appropriate exchange of information . to that end , member states should identify hazards and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant , for instance because of the hazards identified , because of their natural presence in the abstraction area , or because of information from the water suppliers . those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies , such as prevention or mitigating measures , to protect those water bodies and address the pollution source , in cooperation with water suppliers and stakeholders . _________________ 78 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy .


### in the event of non - compliance with the standards imposed by this directive the member state concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water . in cases where the water supply constitutes a potential danger to human health , the supply of such water should be prohibited or its use restricted . in addition , it is important to clarify that failure to meet the minimum requirements for values relating to microbiological and chemical parameters should automatically be considered by member states as a potential danger to human health . in cases where remedial action is necessary to restore the quality of water intended for human consumption , in accordance with article 191 of the treaty , priority should be given to action which rectifies the problem at source . ### in the event of non - compliance with the standards imposed by this directive the member state concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water . in cases where the water supply constitutes a potential danger to human health , the supply of such water should be prohibited or its use restricted , and citizens who might be affected should be duly informed without delay . in addition , it is important to clarify that failure to meet the minimum requirements for values relating to microbiological and chemical parameters should automatically be considered by member states as a potential danger to human health . in cases where remedial action is necessary to restore the quality of water intended for human consumption , in accordance with article 191 of the treaty , priority should be given to action which rectifies the problem at source .


### the 7th environment action programme to 2020 ‘ living well , within the limits of our planet’90 , requires that the public have access to clear environmental information at national level . directive 98 / 83 / ec only provided for passive access to information , meaning that member states merely had to ensure that information was available . those provisions should therefore be replaced to ensure that up - to - date information is easily accessible , for instance on a website whose link should be actively distributed . the up - to - date information should not only include results from the monitoring programmes , but also additional information that the public may find useful , such as information on indicators , which often influence consumers ' perception of tap water . to that end , the indicator parameters of directive 98 / 83 / ec that did not provide health - related information should be replaced by on - line information on those parameters . for very large water suppliers , additional information on , inter alia , energy efficiency , management , governance , cost structure , and treatment applied , should also be available on - line . it is assumed that better consumer knowledge and improved transparency will contribute to increasing citizens ' confidence in the water supplied to them . this in turn is expected to lead to increased use of tap water , thereby contributing to reduced plastic litter and greenhouse gas emissions , and a positive impact on climate change mitigation and the environment as a whole . _________________ 90 decision no 1386 / 2013 / eu of the european parliament and of the council of 20 november 2013 on a general union environment action programme to 2020 ‘ living well , within the limits of our planet’ . ### the 7th environment action programme to 2020 ‘ living well , within the limits of our planet’90 requires that the public have access to clear environmental information , which should also be available online , at national level . directive 98 / 83 / ec only provided for passive access to information , meaning that member states merely had to ensure that information was available . those provisions should therefore be replaced to ensure that up - to - date information is easily accessible , for instance on a website whose link should be actively distributed . the up - to - date information should not only include results from the monitoring programmes , but also additional information that the public may find useful , such as information on indicators , which often influence consumers ' perception of tap water . to that end , the indicator parameters of directive 98 / 83 / ec that did not provide health - related information should be replaced by on - line information on those parameters . for very large water suppliers , additional information on , inter alia , energy efficiency , management , governance , cost structure , and treatment applied , should also be available on - line . it is assumed that better consumer knowledge and improved transparency will contribute to increasing citizens ' confidence in the water supplied to them . this in turn is expected to lead to increased use of tap water , thereby contributing to reduced plastic litter and greenhouse gas emissions , and a positive impact on climate change mitigation and the environment as a whole . _________________ 90 decision no 1386 / 2013 / eu of the european parliament and of the council of 20 november 2013 on a general union environment action programme to 2020 ‘ living well , within the limits of our planet’ .


### an assessment of the potential risks associated with the domestic distribution systems , and with the related products and materials , and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption , in particular where water is supplied to the public in priority premises ; ### an assessment of the potential risks associated with the domestic distribution systems , and with the related products and materials , and whether they affect the quality and wholesomeness of water at the point where it emerges from the taps normally used for human consumption , in particular where water is supplied to the public in priority premises ;


### in the examination of an application for a uniform visa , it shall be ascertained whether the applicant fulfils the entry conditions set out in article 5 , , and of&#160 ; regulation no 562 / 2006 , and particular consideration shall be given to assessing whether the applicant presents a risk of&#160 ; irregular immigration or a risk to the security of the member states and whether the applicant intends to leave the territory of the member states before the expiry of the visa applied for . ### in the examination of an application for a uniform visa , it shall be ascertained whether the applicant fulfils the entry conditions set out in article 5 , , and of regulation no 562 / 2006 .


### in the examination of an application for a uniform visa lodged by a vis registered regular traveller who has lawfully used the two previously obtained visas , it shall be presumed that the applicant fulfils the entry conditions regarding the risk of irregular immigration , a risk to the security of the member states , and the possession of sufficient means of subsistence . ### in the examination of an application for a uniform visa lodged by a vis registered regular traveller who has lawfully used the two previously obtained visas , it shall be presumed that the applicant fulfils the entry conditions .


### consular staff shall , in the performance of their duties , fully respect human dignity . any measures taken shall be proportionate to the objectives pursued by such measures . ### consular staff shall , in the performance of their duties , fully respect the rights enshrined in the charter of fundamental rights . any measures taken shall be proportionate to the objectives pursued by such measures .


### article 191 of the treaty on the functioning of the european union requires that union policy is based on the principle that the polluter should pay and , on this basis , directive 2003 / 87 / ec provides for a transition to full auctioning over time . avoiding carbon leakage is a justification to postpone full transition , and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in greenhouse gas emissions in third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies . ### article 191 of the treaty on the functioning of the european union requires that union policy is based on the principle that the polluter should pay and , on this basis , directive 2003 / 87 / ec provides for a transition to full auctioning , starting from 2021 . avoiding carbon leakage is not a justification to postpone full auctioning , even in the light of the most recent data showing that no carbon leakage has occurred so far nor is it expected to emerge as a major problem with a co2 price as high as eur 60 per ton .


### to preserve the environmental benefit of emission reductions in the union while actions by other countries do not provide comparable incentives to industry to reduce emissions , free allocation should continue to installations in sectors and sub - sectors at genuine risk of carbon leakage . experience gathered during the operation of the eu ets confirmed that sectors and sub - sectors are at risk of carbon leakage to varying degrees , and that free allocation has prevented carbon leakage . while some sectors and sub - sectors can be deemed at a higher risk of carbon leakage , others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share and only bear the remaining part of the costs so that they are at a low risk of carbon leakage . the commission should determine and differentiate the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage . where , based on these criteria , a threshold determined by taking into account the respective possibility for sectors and sub - sectors concerned to pass on costs in product prices is exceeded , the sector or sub - sector should be deemed at risk of carbon leakage . others should be considered at a low risk or at no risk of carbon leakage . taking into account the possibilities for sectors and sub - sectors outside of electricity generation to pass on costs in product prices should also reduce windfall profits . ### the study commissioned by the commission from a consortium of research and analysis centres in 2013 has concluded that during the years 2005 - 2012 no carbon leakage as defined by the directive has occurred and that the slight fluctuations in imports / exports observed is attributable to the global demand development and input price differences . according to a recent study , differences in electricity prices are unlikely to significantly affect the union market and , even for energy intensive sectors , the electricity price could account for roughly the 0 . 01% of changes in the market flow . the same study has concluded that with a co2 price of eur 40 - 65 per ton imports would increase by less than 0 . 05% and exports would decrease approximately by 0 . 2% .


### ' 4 . it shall be for member states to determine the use to be made of revenues generated from the auctioning of allowances . those revenues should be used to tackle climate change in the eu and third countries , inter alia , to reduce greenhouse gas emissions , to adapt to the impacts of climate change in the eu and third countries , especially developing countries , to fund research and development for mitigation and adaptation , including in particular in the fields of aeronautics and air transport , to reduce emissions through low - emission transport and to cover the cost of administering the community scheme . the proceeds of auctioning should also be used to fund contributions to the global energy efficiency and renewable energy fund , and measures to avoid deforestation . member states shall inform the commission of actions taken pursuant to this paragraph . ' ### in article 3d , paragraph 4 is replaced by the following : ' 4 . all revenues shall be used to tackle climate actions in vulnerable developing countries , in particular to fund adaptation , through the united nations green climate fund . '


### ' 3 . member states shall determine the use of revenues generated from the auctioning of allowances . at least 50 % of the revenues generated from the auctioning of allowances referred to in paragraph 2 , including all revenues from the auctioning referred to in paragraph 2 , points and , or the equivalent in financial value of these revenues , should be used for one or more of the following : ' ### in paragraph 3 , the introductory part is replaced by the following : ' 3 . member states shall determine the use of revenues generated from auctioning of allowances . 100% of the revenues generated from the auctioning of allowances referred to in paragraph 2 , including all revenues from the auctioning referred to in paragraph 2 , points and , or the equivalent in financial value of these revenues , shall be used for one or more of the following : '


### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases , together with 250 million allowances placed in the market stability reserve pursuant to article 1 of decision 2015 / . . . of the european parliament and of the council . ### 4% of the union - wide quantity of allowances determined in accordance with articles 9 and 9a over the period from 2021 to 2030 shall be set aside for new entrants and significant production increases .


### the fund shall also finance small - scale investment projects in the modernisation of energy systems and energy efficiency . to this end , the investment board shall develop guidelines and investment selection criteria specific to such projects . ### the fund shall also finance small - scale investment projects in the modernisation of renewable energy systems and energy efficiency . to this end , the investment board shall develop guidelines and investment selection criteria specific to such projects .


### the european union is built on solidarity , among its citizens and among its member states . this common value guides its actions and provides the necessary unity to cope with current and future societal challenges , which young europeans are willing to help address by expressing their solidarity in practice . ### the european union is founded on common values and one of its aims is to promote solidarity , among its citizens and among its member states , and between generations . these common values and aims should guide its actions and pave the way to cope with current and future societal challenges , which young europeans are willing to help address by expressing their solidarity in practice .


### young people should be provided with easily accessible opportunities to engage in solidarity activities , which could enable them to express their commitment to the benefit of communities while acquiring useful experience , skills and competences for their personal , educational , social , civic and professional development , thereby improving their employability . those activities should also support the mobility of young volunteers , trainees and workers . ### young people should be provided with easily accessible opportunities to engage in solidarity activities , which could enable them to express their commitment to the benefit of local communities and ultimately social cohesion , while acquiring useful experience , skills and competences for their personal , educational , social , civic and professional development , thereby potentially improving their employability . those activities should also support the mobility of young volunteers , trainees and workers .


### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening communities , offer young people the opportunity to acquire valuable knowledge and competences , be financially accessible to young people , and be implemented in safe and healthy conditions . ### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to clearly identified unmet societal needs , contribute to strengthening local communities , offer young people the opportunity to acquire valuable knowledge and competences , be financially sustainable and accessible to young people , and be implemented in safe and healthy conditions .


### the european solidarity corps opens up new opportunities for young people to carry out volunteering , traineeship or job activities in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . these opportunities contribute to enhancing their personal , educational , social , civic and professional development . the european solidarity corps also supports networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes . it will thus also contribute to european cooperation relevant to young people and raising awareness of its positive impact . ### the european solidarity corps opens up new opportunities for young people to carry out volunteering , traineeship or job activities in solidarity - related areas as well as to devise and develop solidarity projects based on their own initiative . these opportunities contribute to enhancing their personal , educational , social , civic and professional development . the european solidarity corps also supports networking activities for european solidarity corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes . it will thus also contribute to european cooperation relevant to young people and raising awareness of its positive impact . in consideration of the scope and purpose of the programme , participation to the european solidarity corps should only be allowed to non - profit organisations .


### volunteering activities constitute a rich experience in a non - formal and informal learning context which enhances young people’s personal , socio - educational and professional development , active citizenship and employability . volunteering activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . the commission and the member states should cooperate regarding volunteering policies in the youth field via the open method of coordination . ### volunteering activities constitute a rich experience in a non - formal and informal learning context which enhances young people’s personal , socio - educational and professional development , active citizenship and , potentially , employability . volunteering activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . the commission and the member states should cooperate regarding volunteering policies in the youth field via the open method of coordination .


### a quality label should ensure compliance of the participating organisations with the principles and requirements of the european solidarity corps , as regards their rights and responsibilities during all stages of the solidarity experience . obtaining a quality label is a precondition for participation but should not automatically lead to funding under the european solidarity corps . ### a quality label should ensure effective and continuous compliance of the participating organisations with the principles and requirements of the european solidarity corps , as regards their rights and responsibilities during all stages of the solidarity experience . obtaining a quality label is a precondition for participation but should not automatically lead to funding under the european solidarity corps .


### any entity willing to participate in the european solidarity corps should receive a quality label provided that the appropriate conditions are fulfilled . the process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing bodies of the european solidarity corps . the attributed quality label should be reassessed periodically and could be revoked if , in the context of the checks to be performed , the conditions that led to its attribution were found to be no longer fulfilled . ### any non - profit entity willing to participate in the european solidarity corps should receive a quality label provided that the appropriate conditions are fulfilled . the process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing bodies of the european solidarity corps . the attributed quality label should be reassessed periodically and should be revoked if , in the context of the checks to be performed , the conditions that led to its attribution were found to be no longer fulfilled .


### the european solidarity corps portal should be continuously developed in order to ensure easy access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , online training , language and post - activity support as well as other useful functionalities , which may arise in the future . ### the european solidarity corps portal should be continuously developed in order to ensure easy and user - friendly access to the european solidarity corps and to provide a one - stop shop for both interested individuals and organisations as regards , inter alia , registration , identification and matching of profiles and opportunities , networking and virtual exchanges , online training , language and post - activity support as well as other useful functionalities , which may arise in the future .


### special attention should be given to ensuring that the activities supported by the european solidarity corps are accessible to all young people , notably the most disadvantaged ones . special measures should be in place to promote social inclusion , the participation of disadvantaged young people , as well as to take into account the constraints imposed by the remoteness of a number of rural areas and of the outermost regions of the union and the overseas countries and territories . similarly , the participating countries should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the european solidarity corps . this should resolve , where possible , and without prejudice to the schengen acquis and union law on the entry and residence of third - country nationals , administrative issues that create difficulties in obtaining visas and residence permits , as well as the issuing of a european health insurance card in the case of cross - border activities within the european union . ### special attention should be given to ensuring that the activities supported by the european solidarity corps are accessible to all young people , notably those with fewer opportunities . special and effective measures should be put in place to promote social inclusion , and , in particular , the participation of young people with fewer opportunities , as well as to take into account the constraints imposed by the remoteness of a number of rural areas and of the outermost regions of the union and the overseas countries and territories . similarly , the participating countries should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to the proper functioning of the european solidarity corps . this should resolve , where possible , and without prejudice to the schengen acquis and union law on the entry and residence of third - country nationals , administrative issues that create difficulties in obtaining visas and residence permits , as well as the issuing of a european health insurance card in the case of cross - border activities within the european union .


### measures aimed at ensuring the quality of volunteering , traineeships or jobs , including training , language support , complementary insurance , support before or after the solidarity activity as well as the further use of youthpass that identifies and documents the competences acquired during the solidarity activities for participants , and capacity building and , administrative support for participating organisations ; ### measures aimed at ensuring the quality and accessibility of volunteering , traineeships or jobs , including training , language support , complementary insurance , support before or after the solidarity activity as well as the further use of youthpass that identifies and documents the competences acquired during the solidarity activities for participants , and capacity building and , administrative support for participating organisations ;


### volunteering as referred to in article 4 . 1 , point shall include a learning and training component , shall not substitute traineeships or jobs , shall not be equated with employment and shall be based on a written volunteering agreement . ### volunteering as referred to in article 4 . 1 , point shall include a learning and training component , shall not substitute traineeships or jobs , shall not be equated with employment and shall be based on a written volunteering agreement . such agreement shall ensure an adequate legal , social and financial protection of the participant .


### as a result of the assessment the entity may be attributed the european solidarity corps quality label . the obtained label shall be re - assessed periodically and may be revoked . ### as a result of the assessment the entity may be attributed the european solidarity corps quality label . the obtained label shall be re - assessed periodically and in case of misuse of the label or failure to comply with the requirements and conditions set out in paragraph 2 shall be revoked .


### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . it shall also be accompanied by a final evaluation of the predecessor programme . ### in addition to regularly monitoring the programme , the commission shall establish an interim evaluation report and shall submit it to the european parliament , the council , the european economic and social committee and the committee of the regions no later than 31december 2024 . it shall also be accompanied by a final evaluation of the predecessor programme .


### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 . ### the commission shall implement information and communication actions relating to the programme , and its actions and results .


### percentage of participants from a fewer opportunities background ; and ### percentage of participants from a fewer opportunities background ;


### this directive applies to all workers , men and women , who have an employment contract or employment relationship . ### this directive applies to all workers , men and women , who have an employment contract or employment relationship as defined by law , collective agreement and / or practices in force in each member state .


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , including gender - specific data on the take - up of the different types of leave set out in this directive and their impact on micro , small and medium - sized enterprises , accompanied , if appropriate , by a legislative proposal .


### in order to ensure uniform conditions for the adoption or amendment of interreg programmes , implementing powers should be conferred on the commission . however , external cross - border cooperation programmes should respect , where applicable , committee procedures established under regulations [ ipa iii ] and [ ndici ] with regard to the first approval decision of those programmes . ### in order to ensure uniform conditions for the adoption or amendment of interreg programmes , a multiannual strategy document shall be adopted by the commission by means of a delegated act . however , external cross - border cooperation programmes should respect , where applicable , committee procedures established under regulations [ ipa iii ] and [ ndici ] with regard to the first approval decision of those programmes .


### the commission shall adopt an implementing act setting out the multi - annual strategy document with regard to external cross - border interreg programmes supported by the erdf and the ndici or ipa iii . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 63 . ### the commission shall adopt a delegated act setting out the multi - annual strategy document with regard to external cross - border interreg programmes supported by the erdf and the ndici or ipa iii .


### with regard to interreg programmes supported by the erdf and the ndici , that implementing act shall set out the elements referred to in article 12 of regulation [ ndici ] . ### with regard to interreg programmes supported by the erdf and the ndici , that delegated act shall set out the elements referred to in article 12 of regulation [ ndici ] .


### delivering , through r&i missions , on ambitious goals within a set timeframe ; ### delivering , through r&i missions , on ambitious goals achievable within a set timeframe ;


### improving skills for innovation ; ### improving training and skills for innovation ;


### cluster ' health ' , as described in annex i , pillar ii , section 1 ; ### ' health ' , as described in annex i , pillar ii , section 1 ;