### having regard to the opinions of the european economic and social committee and the committee of the regions , ### having regard to the opinions of the european economic and social committee , the committee of the regions and the european court of auditors ,


### eib financing and investment operations supported by the efsi should be managed in accordance with the eib’s own rules and procedures , including appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the european anti - fraud office and the court of auditors , including the tripartite agreement between the european commission , the european court of auditors and the european investment bank . ### eib financing and investment operations supported by the efsi should be managed in accordance with the eib’s own rules and procedures , including appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the european anti - fraud office and the court of auditors , including the tripartite agreement between the european commission , the european court of auditors and the european investment bank . it therefore needs to be established without delay that the new transparency policies adopted recently by the eib have not been watered down in any way .


### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of sustainability . ### the eib and the investment committee should regularly evaluate and report on activities supported by the efsi with a view to assessing their relevance , performance and impact and to identifying aspects that could improve future activities . such evaluations should contribute to public accountability and analysis of economic , environmental and social sustainability .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board , consisting of one representative of the eib , one of the commission and one for each member state , shall elect one of its members to be chairperson and shall be subject to the binding approval of the european parliament .


### the steering board shall take decisions by consensus . ### the steering board shall take decisions by consensus and shall make its decisions public and accessible .


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


### decisions of the investment committee shall be taken by simple majority . ### decisions of the investment committee shall be taken by simple majority and its decisions shall be public and accessible .


### the eib , in cooperation with the eif as appropriate , shall report semi - annually to the commission on eib financing and investment operations under this regulation . the report shall include an assessment of compliance with the requirements on the use of the eu guarantee and the key performance indicators established pursuant to article 2 . the report shall also include statistical , financial and accounting data on each eib financing and investment operation and on an aggregated basis . ### the eib and the steering board , in cooperation with the eif as appropriate , shall report quarterly to the commission on eib financing and investment operations under this regulation . the report shall include an assessment of compliance with the requirements on the use of the eu guarantee and the key performance indicators established pursuant to article 2 . the report shall also include statistical , financial and accounting data on each eib financing and investment operation and on an aggregated basis .


### the eib , in cooperation with the eif as appropriate , shall report annually to the european parliament and to the council on eib financing and investment operations . the report shall be made public and include : ### the eib and the steering committee , in cooperation with the eif as appropriate , shall report semi - annually to the european parliament and to the council on eib financing and investment operations . the report shall be made public and accessible and shall include :


### at the request of the european parliament , the managing director shall participate in a hearing of the european parliament on the performance of the efsi . ### at the request of the european parliament , and at least twice each year , the managing director shall participate in a hearing of the european parliament on the performance of the efsi .


### the managing director shall reply orally or in writing to questions addressed to the efsi by the european parliament , in any event within five weeks of receipt of a question . ### the managing director shall reply orally or in writing to questions addressed to the efsi by the european parliament , in any event within four weeks of receipt of a question .


### at the latest [ po insert date : 18 months after the entry into force of this regulation ] the eib shall evaluate the functioning of the efsi . the eib shall submit its evaluation to the european parliament , the council and the commission ; ### at the latest [ po insert date : 12 months after the entry into force of this regulation ] the eib shall evaluate the functioning of the efsi . the eib shall submit its evaluation to the european parliament , the council and the commission ;


### at the latest [ po insert date : 18 months after the entry into force of this regulation ] the commission shall evaluate the use of the eu guarantee and the functioning of the guarantee fund , including the use of endowments according to article 8 . the commission shall submit its evaluation to the european parliament and the council . ### at the latest [ po insert date : 12 months after the entry into force of this regulation ] the commission shall evaluate the use of the eu guarantee and the functioning of the guarantee fund , including the use of endowments according to article 8 . the commission shall submit its evaluation to the european parliament and the council .


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


### where such illegal activities are proven , the eib shall undertake recovery efforts with respect to its operations supported by the eu guarantee . ### where such illegal activities are proven , the eib and the commission shall undertake recovery with respect to its operations supported by the eu guarantee .


### in its financing and investment operations , the eib shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , or fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic cooperation and development or the financial action task force . ### in its financing and investment operations , the eib shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , financing of activities connected with organised crime , tax fraud , evasion and avoidance , corruption , or fraud affecting the financial interests of the union . in particular , the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction or in member states that adopt aggressive tax planning , such as luxembourg , ireland and the netherlands , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic cooperation and development or the financial action task force .


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


### the rule of law is one of the essential values upon which the union is founded . as recalled by article 2 of the treaty on european union , these values are common to the member states . ### respect for certain constitutional principles common to the legal systems of the member states is important to ensure sound management of the union ' s financial interests . respect for the principle of separation of state powers , and supervision by an independent and impartial court able to ensure effective judicial protection , are particularly important .


### generalised deficiencies in the member states as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review , can seriously harm the financial interests of the union . ### generalised deficiencies as regards the proper functioning of public authorities and effective judicial review , can seriously harm the financial interests of the union .


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


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


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


### the commission shall take into account the information received and any observations made by the member state concerned , as well as the adequacy of any proposed remedial measures , when deciding whether or not to submit a proposal for a decision on the appropriate measures . ### the commission shall hear the member state concerned and shall take into account the information received previously , as well as the results of the impact assessment conducted pursuant to article 4 , when deciding whether or not to submit a proposal for a decision on the appropriate measures .


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


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


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy , the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in the union , and with sufficient level of international social and environmental standards , provided the relevant data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . where an exporter can clearly demonstrate that its prices or costs of all factors of production are not affected by significant distortions , those prices or costs shall be used in the construction of its normal value .


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


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


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


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


### the protection of the financial interests of the union , which relates to the fight against fraud , corruption and any other illegal activity affecting the use of union expenditures , the collection of union revenues and funds or union assets , is a core area in which enforcement of union law needs to be strengthened . the strengthening of the protection of the financial interests of the union also encompasses implementation of the union budget related to expenditures made on the basis of the treaty establishing the european atomic energy community . lack of effective enforcement in the area of the financial interests of the union , including fraud and corruption at national level , causes a decrease of the union revenues and a misuse of eu funds , which can distort public investments and growth and undermine citizens’ trust in eu action . whistleblower protection is necessary to facilitate the detection , prevention and deterrence of relevant fraud and illegal activities . ### the protection of the financial interests of the union , which relates to the fight against fraud , corruption , the infringement of legal obligations , abuse of power and any other illegal activity affecting the use of union expenditures , the collection of union revenues and funds or union assets , is a core area in which enforcement of union law needs to be strengthened . the strengthening of the protection of the financial interests of the union also encompasses implementation of the union budget related to expenditures made on the basis of the treaty establishing the european atomic energy community . lack of effective enforcement in the area of the financial interests of the union , including fraud and corruption at national level , causes a decrease of the union revenues and a misuse of eu funds , which can distort public investments and growth and undermine citizens’ trust in eu action . whistleblower protection is necessary to facilitate the detection , prevention and deterrence of relevant fraud and illegal activities .


### retaliation expresses the close relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission occurring in the work - related context which causes them detriment . ### retaliation expresses the relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission occurring in the work - related context which causes them detriment .


### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . ### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive which have the highest possible degree of independence and impartiality . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate .


### member states should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate . ### member states should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate , respecting , where possible , the confidentiality of the reporting person .


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


### the eip should incorporate the union commitment under the addis ababa action agenda on financing for development . it should also allow european investors and private companies , including small and medium - sized enterprises , to participate more effectively to sustainable development in partner countries . ### the eip should incorporate the union commitment under the addis ababa action agenda on financing for development . it should also allow european investors and private companies , in particular small and medium - sized enterprises , to participate more effectively to sustainable development in partner countries .


### the eip should provide an integrated financial package to finance investments starting in regions of africa for countries that are signatories to the partnership agreement between the members of the african , caribbean and pacific group of states of the one part , and the european community and its member states , of the other part , signed in cotonou on 23 june 200022 and the neighbourhood countries , thereby creating growth and employment opportunities , maximising additionality , delivering innovative products , and crowding - in private sector funds . _________________ 22 oj l 317 , 15 . 12 . 2000 as last amended by oj l 287 , 4 . 11 . 2010 ### the eip should provide an integrated financial package to finance investments starting in regions of africa for countries that are signatories to the partnership agreement between the members of the african , caribbean and pacific group of states of the one part , and the european community and its member states , of the other part , signed in cotonou on 23 june 200022 ) and the neighbourhood countries , thereby creating growth and employment opportunities , maximising additionality , delivering innovative products , promoting sustainable development and a circular economy , and crowding - in private sector funds . _________________ 22 oj l 317 , 15 . 12 . 2000 as last amended by oj l 287 , 4 . 11 . 2010


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


### the efsd shall contribute to the achievement of the sustainable development goals of the 2030 agenda with a particular focus on sustainable growth , job creation , socio - economic sectors and on the support to micro , small and medium sized enterprises , thus addressing root causes of migration and contributing to sustainable reintegration of returned migrants in their countries of origin while maximising additionality , delivering innovative products and crowding in private sector funds . ### the efsd shall contribute to the achievement of the sustainable development goals of the 2030 agenda with a particular focus on sustainable growth , the involvement of local communities , job creation , the creation of a circular economy , socio - economic sectors and on the support to micro , small and medium sized enterprises , thus addressing root causes of migration and contributing to sustainable reintegration of returned migrants in their countries of origin while maximising additionality , delivering innovative products and crowding in private sector funds .


### the union shall provide an irrevocable and unconditional guarantee on first demand to the eligible counterpart for the financing and investment operations covered by this regulation starting in the african and neighbourhood partner countries . ### the union shall provide a guarantee to the eligible counterpart for the financing and investment operations covered by this regulation starting in the african and neighbourhood partner countries .


### an assessment of the financing and investment operations in operation and covered by the efsd guarantee , sector , country and regional levels and their compliance with this regulation ; ### an independent assessment of the financing and investment operations in operation and covered by the efsd guarantee , sector , country and regional levels and their compliance with this regulation ;


### an assessment of the added value of financing and investment operations of the eligible counterparts , and of the aggregate risk associated with those operations ; ### an independent assessment of the added value of financing and investment operations of the eligible counterparts , and of the aggregate risk associated with those operations ;


### ‘ 4 . member states shall require that the information held in the central register referred to in paragraph 3 is adequate , accurate and current . ’ ### article 30 ‘ 4 . member states shall require that the information held in the central register referred to in paragraph 3 is adequate , accurate and current . member states shall also require the obliged entities to report any discrepancy found between the information held in the central register and the information on beneficial owners acquired in performance of the customer due diligence obligations . ’


### the persons or organisations referred to in point shall access at least the name , the month and year of birth , the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held . for the purposes of this paragraph , access to the information on beneficial ownership shall be in accordance with data protection rules and may be subject to online registration and to the payment of a fee . the fees charged for obtaining the information shall not exceed the administrative costs thereof . ### the second and third subparagraphs of paragraph 5 are replaced by the following : the information accessible to the public shall at least consist of the name , the date of birth , the nationality , the country of residence and the business address of the beneficial owner , as well as the nature and extent of the beneficial interest held , as defined in article 3 . for the purposes of this paragraph , access to the information on beneficial ownership by the public shall be in accordance with the relevant open data standards and the data protection rules . access shall not be further subject to online registration or other restrictions of any kind , including payment of fees or charges to cover the administrative costs thereof .


### in exceptional circumstances to be laid down in national law , where the access referred to in point of paragraph 5 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances and under the conditions to be laid down in national law , where an in - depth and reasoned assessment shows that the access referred to in point and point of paragraph 5 exposes the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , in particular when the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption for a limited period of no more than a year from such access to all or part of the information on the beneficial ownership on a case - by - case basis . in the exceptional cases in which exemption is granted , the identity of the guardian / administrator / person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public . the exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner .


### in exceptional circumstances laid down in national law , where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances and under the conditions laid down in national law , where an in - depth and reasoned assessment shows that the access referred to in paragraphs 4 and 4a exposes the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , in particular when the beneficial owner is a minor or otherwise incapable , member states may provide for a limited time of no more than a year for an exemption from such access to all or part of the information on the beneficial ownership on a case - by - case basis . in the exceptional cases in which exemption is granted , the identity of the guardian / administrator / person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public . the exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner .


### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances and under the conditions laid down in national law , where an in - depth and reasoned assessment shows that the access referred to in paragraph 1 would expose the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , in particular when the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of all or part of the information on the beneficial ownership , for a limited time of no more than a year , on a case - by - case basis . in cases in which such exemption is granted , the identity of the guardian / administrator / person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public . the exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner .


### member states shall ensure that this article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts , such as , inter alia , fiducie , treuhand or fideicomiso . ### member states shall ensure that this article applies to trusts , foundations and other types of entity or legal arrangements , whether existing or future , having a similar structure or functions or aims , such as , inter alia , fiducie , treuhand or fideicomiso .


### the information referred to in paragraph 1 shall be held in a central register set up by the member state where the trust is administered . ### the information referred to in paragraph 1 shall be held in the central register set up by the member state where the trust , foundation or other type of legal entity , whether existing or future , was created or established or is administered or where it operates .


### whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a , the obliged entities shall collect proof of registration whenever applicable . ” ; ### whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a , the obliged entities shall collect proof of registration whenever applicable and report to the relevant authorities any discrepancy that they find between the beneficial ownership information held in the central register and the beneficial ownership information collected as part of their customer due diligence procedures . ” ;


### for the purposes of this article , a trust is considered to be administered in each member state where the trustees are established . ### for the purposes of this article , a trust , foundation or other legal entity with a similar structure and functions is considered to be administered , created or operating in each member state in which it has been constituted in accordance with the legislation of the member state , or in each member state where it has a connection , in that , for example , the trustees , beneficial owners or other natural persons involved in management and control are established or reside , or where it possesses activities , real or moveable property , bank accounts , shares , voting rights or holdings .


### the multiannual plan shall contribute to the elimination of discards by avoiding and reducing , as far as possible , unwanted catches , and to the implementation of the landing obligation established in article 15 of regulation no 1380 / 2013 for the species which are subject to it and to which this regulation applies . ### the multiannual plan shall contribute to the reduction of discards by avoiding and reducing , as far as possible , unwanted catches , and to the implementation of the landing obligation established in article 15 of regulation no 1380 / 2013 for the species which are subject to it and to which this regulation applies .


### a permanent exchange of information on intergovernmental agreements at union level should enable best practices to be developed . on the basis of those best practices , the commission , where appropriate in cooperation with the european external action service as regards the union’s external policies , should develop optional model clauses to be used in intergovernmental agreements between member states and third countries . the use of such model clauses should aim to avoid conflicts of intergovernmental agreements with union law , in particular internal energy market rules and competition law , and conflicts with international agreements concluded by the union . their use should be optional , and it should be possible to adapt their content to any particular circumstance . ### a permanent exchange of information on intergovernmental agreements at union level should enable best practices to be developed . on the basis of those best practices , the commission , where appropriate in cooperation with the european external action service as regards the union’s external policies , should develop optional ad hoc model positive and negative clauses to be used in intergovernmental agreements between member states and third countries to assist in the legal definition of those agreements . the use of such model clauses should aim to avoid conflicts of intergovernmental agreements with union law , in particular internal energy market rules and competition law , and conflicts with international agreements concluded by the union . their use should be optional , and it should be possible to adapt their content to any particular circumstance .


### the instrument should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union and with the union’s international obligations as regards fundamental rights ; ### the instrument should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union and with the union’s international obligations as regards fundamental rights ; furthermore , it must be implemented in full compliance with the principles of transparency and traceability .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure the visibility , transparency and traceability of the union funding , in particular when promoting the actions and their results , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public .


### in order to ensure that additional geographical indications protected and registered in the union are registered in the international register , it is appropriate to authorise the commission , at a later stage , to file applications for the international registration of such additional geographical indications , on its own initiative or at the request of a member state or of an interested group of producers or , in exceptional cases , at the request of a single producer . ### in order to ensure that additional or future geographical indications protected and registered in the union are registered in the international register , including the possible extension of protection to geographical indications for non - agricultural products , it is appropriate to authorise the commission , at a later stage , to file applications for the international registration of such additional geographical indications , on its own initiative or , in case of non - agricultural geographical indications , at the request of a member state or of an interested group of producers or , in exceptional cases , at the request of a single producer . the accession of the union to the geneva act does not prejudice the current and future protection of geographical indications in bilateral free trade agreements . in this regard , the commission should use a regular mechanism to consult member states , trade associations and european producers in order to establish a fluid dialogue with stakeholders .


### for the purpose of this regulation , appellations of origin , including “designations of origin” as defined by regulation no 1151 / 2012 and regulation no 1308 / 2013 , and geographical indications , are henceforth both referred to as ' geographical indications ' . ### for the purpose of this regulation , appellations of origin , including “designations of origin” as defined by regulation no 1151 / 2012 and regulation no 1308 / 2013 , and geographical indications , are henceforth both referred to as ' geographical indications , agricultural and non - agricultural ones ' .


### upon the accession of the union to the geneva act , the commission shall file with the international bureau of the world intellectual property organization applications for the international registration of geographical indications protected and registered under union law and pertaining to products originating in the union pursuant to article 5 and of the geneva act . ### upon the accession of the union to the geneva act , the commission shall file with the international bureau of the world intellectual property organization applications for the international registration of geographical indications protected and registered under union law and pertaining to products originating in the union , or at the request of a member state or of an interested group of producers , in case of non - agricultural geographical indications pursuant to article 5 and of the geneva act .


### following the accession of the union to the geneva act , the commission may on its own initiative or at the request of a member state or of an interested group of producers or of the single producer using a geographical indication protected and registered in the union , adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under union law and pertaining to a product originating in the union with the international bureau . ### following the accession of the union to the geneva act , the commission shall , on its own initiative or at the request of a member state or of an interested group of producers or of the single producer using a geographical indication , agricultural and non - agricultural ones , protected and registered in the union , adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under union law and pertaining to a product originating in the union with the international bureau . to that end , the commission shall use a regular mechanism to consult member states , trade associations and european producers .


### in order to ensure a fair income and a resilient agricultural sector across the union territory , member states may grant support to farmers in areas facing natural and other area - specific constraints . as regards payments for anc , the designation of the 2014 - 2020 rural development policy should continue to apply . for the cap to deliver enhanced union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity , it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of natura 2000 and water framework directives . support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of directive 2009 / 147 / ec and directive 92 / 43 / eec and in order to contribute to the effective management of natura 2000 sites . support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the water framework directive . support should be linked to specific requirements described in the cap strategic plans that go beyond relevant mandatory standards and requirements . member states should also ensure that payments to farmers do not lead to double funding with eco schemes . furthermore , the specific needs of natura 2000 areas should be taken into account by member states in the overall design of their cap strategic plans . ### in order to ensure a fair income and a resilient agricultural sector across the union territory , member states may grant support to farmers in areas facing natural and other area - specific constraints . as regards payments for anc , the designation of the 2014 - 2020 rural development policy should continue to apply . for the cap to deliver enhanced union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity , it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of natura 2000 and water framework directives . support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of directive 2009 / 147 / ec and directive 92 / 43 / eec and in order to contribute to the effective management of natura 2000 sites . support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the water framework directive . support should be linked to specific requirements described in the cap strategic plans that go beyond relevant mandatory standards and requirements . member states should also ensure that payments to farmers do not lead to double funding with eco schemes , while at the same time allowing enough flexibility in strategic plans to facilitate complementarity between different interventions . furthermore , the specific needs of natura 2000 areas should be taken into account by member states in the overall design of their cap strategic plans .


### schemes for the climate and the environment ### schemes for the climate , the environment and animal welfare


### member states shall set an area threshold and only grant decoupled direct payments to genuine farmers whose eligible area of the holding for which decoupled direct payments are claimed goes beyond this area threshold . ### member states shall set an area threshold or a minimum direct payments threshold for the purpose of granting decoupled direct payments only to genuine farmers whose eligible area of the holding or minimum amount for which decoupled direct payments are claimed goes beyond this threshold .


### coupled income support may only be granted to the following sectors and productions or specific types of farming therein where these are important for economic , social or environmental reasons : cereals , oilseeds , protein crops , grain legumes , flax , hemp , rice , nuts , starch potato , milk and milk products , seeds , sheepmeat and goatmeat , beef and veal , olive oil , silkworms , dried fodder , hops , sugar beet , cane and chicory , fruit and vegetables , short rotation coppice and other non - food crops , excluding trees , used for the production of products that have the potential to substitute fossil materials . ### coupled income support may only be granted to the following sectors and productions or specific types of farming therein where these are important for economic , social or environmental reasons : cereals , oilseeds , protein crops , grain legumes , flax , hemp , rice , nuts , starch potato , milk and milk products , seeds , sheepmeat and goatmeat , beef and veal , olive oil , silkworms , dried fodder , hops , sugar beet , cane and chicory , fruit and vegetables , short rotation coppice .


### fruit and vegetables sector , as referred to in point of article 1 of regulation no 1308 / 2013 ; ### fruit and vegetables sector , both fresh and / or for processing , as referred to in point of article 1 of regulation no 1308 / 2013 ;


### the egf shall contribute to a better distribution of the benefits of globalisation and technological advance by helping displaced workers adapt to structural change . as such , the egf shall contribute to the implementation of the principles defined under the european pillar of social rights and enhance social and economic cohesion among regions and member states . ### the purpose of the egf shall be to help workers who have been displaced from the labour market to adapt to structural change dictated by globalisation and technological change . as such , the egf shall contribute to the implementation of the principles defined under the european pillar of social rights and enhance social and economic cohesion among regions and member states .


### the type of measures and main results , explaining the challenges , lessons learned , synergies and complementarities with other eu funds and indicating , whenever possible , the complementarity of measures with those funded by other union or national programmes in line with the eu quality framework for anticipation of change and restructuring ; ### the type of measures and the results obtained , explaining the challenges , lessons learned , synergies and complementarities with other eu funds and indicating , whenever possible , the complementarity of measures with those funded by other union or national programmes in line with the eu quality framework for anticipation of change and restructuring ;


### certain destructive fishing gears or methods which use explosives , poisons , stupefying substances , electric current , pneumatic hammers or other percussive instruments ; towed devices and grabs for harvesting red coral or other type of corals and coral - like species and certain spear - guns should be prohibited except in the specific case of the electric pulse trawl which may be used under certain strict conditions . ### certain destructive fishing gears or methods which use explosives , poisons , stupefying substances , electric current , pneumatic hammers or other percussive instruments ; towed devices and grabs for harvesting red coral or other type of corals and coral - like species and certain spear - guns should be prohibited except in the specific case of the electric pulse trawl which may be used under certain strict conditions . in this regard it is necessary to ensure that there is appropriate knowledge about the impacts of innovative fishing gears , such as pulse trawl , including cumulative effects , before use of the gear is widely adopted . additionally , a system for monitoring , control and evaluation must be in place , serving for enforcement and research as well as evaluation purposes . finally , current licenses should be made subject to scientific assessment , before being given a permanently “non - prohibited” status .


### for certain rare fish species , such as species of sharks and rays , even limited fishing activity could result in a serious risk to their conservation . to protect such species a general prohibition on fishing for them should be introduced . ### for certain fish species that are rare or whose biological characteristics make them especially vulnerable to overexploitation , such as species of sharks and rays , even limited fishing activity could result in a serious risk to their conservation . to protect such species a general prohibition on fishing for them should be introduced .


### when member states submit joint recommendations in accordance with article 19 to allow for the creation of real - time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species , they shall include the following elements : ### when member states submit joint recommendations in accordance with article 19 to allow for the creation of real - time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species or sensitive species , they shall include the following elements


### the use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts on sensitive habitats and non - target species . ### the use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts , including cumulative effects , on sensitive habitats and non - target species .


### they are sold for purposes other than direct human consumption . ### they are sold for purposes other than direct human consumption . this should apply only to specimens below the minimum conservation reference size , in accordance with article 15 of reg . 1380 / 2013 .


### it shall be prohibited to have on board or set more than 250 pots or creels per vessel to catch deepwater crustacean . ### it shall be prohibited to have on board or set more than 250 pots or creels per vessel to catch deepwater crustacean


### a range of union measures enhance member states’ ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this regulation . these include legislation on fluorinated greenhouse gases , co2 - reductions from road vehicles , energy performance of building , renewables , energy efficiency and the circular economy , as well as union funding instruments for climate - related investments . ### a range of union measures enhance member states’ ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this regulation , however , it must be acknowledged that it is fundamentally impossible to control the world’s weather . these include legislation on fluorinated greenhouse gases , co2 - reductions from road vehicles , energy performance of building , renewables , energy efficiency and the circular economy , as well as union funding instruments for climate - related investments . however , water vapour has by far the largest greenhouse gas effect of any substance and equivalent measures are not being taken to reduce atmospheric water vapour .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu’s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu’s overall 2030 greenhouse gas emission reduction target , the contribution to global water resources management and its contribution to the goals of the paris agreement , and may make proposals if appropriate .


### information technology capacity building actions are set to attract the greatest part of the budget under the programme . specific provisions should describe , respectively , the common and national components of the european electronic systems . moreover , the scope of actions and the responsibilities of the commission and the member states should be clearly defined . ### information technology capacity building actions are set to attract the greatest part of the budget under the programme . specific provisions should describe , respectively , the common and national components of the european electronic systems . moreover , the scope of actions and the responsibilities of the commission and the member states should be clearly defined . in order to ensure coherence and coordination of it capacity development actions , the programme foresees that the commission develop and update a multiannual strategic customs plan , with the aim of creating an electronic environment which ensures consistency and interoperability of the customs of the union .


### all generation , storage and demand resources shall participate on equal footing in the market ; ### all generation , storage and demand resources shall participate on equal footing in the market in a way that accounts for the benefits and costs each provide to the environment and the system , their sustainability , and their contributions to the decarbonisation objectives set in the 2015 paris agreement and the [ renewable energy directive ] ;


### balancing markets shall be organised in such a way as to ensure effective non - discrimination between market participants taking account of the different technical capability of generation from variable renewable sources and demand side response and storage . ### balancing markets shall ensure effective non - discrimination between market participants taking account of the different technical capability of generation from variable renewable sources , including small decentralised or distributed generation and generation from active customers and renewable energy communities , and demand side response and storage . market operators shall ensure that energy communities have a proportionate and simple access to the market .


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


### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall be deemed part of the net revenues . ### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall bedeemed part of the net revenues and compensated at 100% . the full compensation should be settled within a reasonable time after the curtailment has occurred


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


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


### 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 , 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 .


### 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 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 .


### 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 .


### 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 .


### ‘ participating organisation’ means any public or private entity , whether local , regional , national or international , that has been attributed the european solidarity corps quality label ; ### ‘ participating organisation’ means any non - profit public or non - profit private entity , whether local , regional , national or international , that has been attributed the european solidarity corps quality label ;


### the european solidarity corps shall be open to the participation of public or private entities and international organisations , provided that they have received a european solidarity corps quality label . ### the european solidarity corps shall be open to the participation of non - profit&#160 ; public or non - profit&#160 ; private entities and international organisations , provided that they have received a european solidarity corps quality label .


### an application from an entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps on the basis of the principles of equal treatment ; equal opportunities and non - discrimination ; avoidance of job substitution ; provision of high quality activities with learning dimension focusing on personal , socio - educational and professional development ; adequate training , working and volunteering arrangements ; safe and decent environment and conditions ; and the ‘ no - profit principle’ in compliance with the financial regulation . the above principles ascertain whether its activities meet the requirements of the european solidarity corps . ### an application from an entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps on the basis of the principles of equal treatment ; equal opportunities and non - discrimination ; avoidance of job substitution ; provision of high quality activities with learning dimension focusing on personal , socio - educational and professional development ; adequate training and volunteering arrangements ; safe and decent environment and conditions ; and the ‘ no - profit principle’ in compliance with the financial regulation . the above principles ascertain whether its activities meet the requirements and objectives of the european solidarity corps .


### 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 .


### any public or private entity established in a participating country as well as international organisations may apply for funding under the european solidarity corps . in the case of the activities referred to in articles 7 , 8 and 11 , a quality label shall be obtained by the participating organisation as a pre - condition for receiving funding under the european solidarity corps . in the case of the solidarity projects referred to article 9 , natural persons may also apply for funding on behalf of informal groups of european solidarity corps participants . ### any non - profit public or non - profit private entity established in a participating country as well as international organisations may apply for funding under the european solidarity corps . in the case of the activities referred to in articles 7 and 11 , a quality label shall be obtained by the participating organisation as a pre - condition for receiving funding under the european solidarity corps . in the case of the solidarity projects referred to article 9 , natural persons may also apply for funding on behalf of informal groups of european solidarity corps participants .


### 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 31 december 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 .


### number of organisations holding a european solidarity corps quality label . ### number of organisations holding a european solidarity corps quality label , and


### ' the vehicle is registered or put into circulation in compliance with the laws of a member state ; ' ; ### the vehicle is registered , meets current operating standards , and is put into circulation in compliance with the laws of a member state and authorised to be used by the member state of establishment of the undertaking ;


### member states shall take the necessary measures to ensure that their undertakings may use hired vehicles for the carriage of goods by road under the same conditions as vehicles owned by them , provided that the conditions laid down in article 2 are satisfied . ### member states shall take the necessary measures to ensure that their undertakings may use hired vehicles for the carriage of goods by road under the same conditions as vehicles owned by them , provided that all relevant information relating to the use of hired vehicles be introduced in their national electronic register , as defined by regulation 1071 / 2009 , including the true certified copy of the community licence , the vehicle registration number and country of registration .


### article 176 of the treaty on the functioning of the european union provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . under that article and the second and third paragraphs of article 174 of the tfeu , the erdf is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions , among which particular attention is to be paid to certain categories of regions , among which cross - border regions are explicitly listed . ### article 176 of the treaty on the functioning of the european union provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . under that article and the second and third paragraphs of article 174 tfeu , the erdf is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions , among which particular attention is to be paid to certain categories of regions , among which rural areas , areas affected&#160 ; by industrial transition , and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and islands , &#160 ; cross - border and mountain&#160 ; regions are explicitly listed .


### it is necessary to continue supporting or , as appropriate , to establish cooperation in all its dimensions with the union ' s neighbouring third countries , as such cooperation is an important regional development policy tool and should benefit the regions of the member states which border third countries . to that effect , the erdf and the external financing instruments of the union , ipa27 , ndici28 and octp29 , should support programmes under cross - border cooperation , transnational cooperation and maritime cooperation , outermost regions’ cooperation and interregional cooperation . the support from the erdf and from the external financing instruments of the union should be based on reciprocity and proportionality . however , for ipa iii cbc and ndici cbc , the erdf support should be complemented by at least equivalent amounts under ipa iii cbc and ndici cbc , subject to a maximum amount set out in the respective legal act , that is to say , up to 3 % of the financial envelope under ipa iii and up to 4 % of the financial envelope of the neighbourhood geographic programme under article 4 of the ndici . __________________ 27 regulation xxx establishing the instrument for pre - accession assistance . 28 regulation xxx establishing the neighbourhood , development and international cooperation instrument . 29 council decision xxx on the association of the overseas countries and territories with the european inion including relations between the european union on the one hand and greenland and the kingdom of denmark on the other . ### it is necessary to continue supporting or , as appropriate , to establish cooperation in all its dimensions with the union ' s neighbouring third countries , as such cooperation is an important regional development policy tool and should benefit the regions of the member states which border third countries . to that effect , the erdf and the external financing instruments of the union , ipa27 , ndici28 and octp29 , should support programmes under cross - border cooperation , transnational cooperation , outermost regions’ cooperation and interregional cooperation . the support from the erdf and from the external financing instruments of the union should be based on reciprocity and proportionality . however , for ipa iii cbc and ndici cbc , the erdf support should be complemented by at least equivalent amounts under ipa iii cbc and ndici cbc , subject to provisions set out in the respective legal act , that is to say , in article [ 9 ] of regulation . . . / . . . of the european parliament and of the council [ ipa iii regulation ] and article [ 18 ] of regulation . . . / . . . of the european parliament and of the council [ ndici regulation ] . __________________ 27 regulation . . . / . . . of the european parliament and of the council of . . . establishing the instrument for pre - accession assistance . 28 regulation . . . / . . . of the european parliament and of the council of . . . establishing the neighbourhood , development and international cooperation instrument . 29 council decision xxx on the association of the overseas countries and territories with the european inion including relations between the european union on the one hand and greenland and the kingdom of denmark on the other .


### 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 . ### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission for the adoption or amendment of interreg programmes by means of a multiannual strategy document . however , external cross - border cooperation programmes should respect , where applicable , procedures established under regulations [ ipa iii ] and [ ndici ] with regard to the first approval decision of those programmes .


### the implementing act referred to in paragraph 1 shall also contain a list specifying those nuts level 3 regions of the union taken into account for the erdf allocation for cross - border cooperation at all internal borders and those external borders covered by the external financing instruments of the union as well as a list specifying those nuts level 3 regions taken into account for allocation purposes under component 2b referred to in point of article 9 . ### the implementing act referred to in paragraph 1 shall also contain a list specifying those nuts level 3 regions of the union taken into account for the erdf allocation for cross - border cooperation at all both land and maritime internal borders and those external borders covered by the external financing instruments of the union as well as a list specifying those nuts level 3 regions taken into account for allocation purposes under component 2b referred to in point of article 9 .


### however , an interreg programme covering support from an external financing instrument of the union shall be submitted by the member state hosting the prospective managing authority no later than six months after the adoption by the commission of the relevant strategic programming document under article 10 or where required under the respective basic act of one or more of an external financing instrument of the union . ### however , an interreg programme covering support from an external financing instrument of the union shall be submitted by the member state hosting the prospective managing authority no later than nine months after the adoption by the commission of the relevant strategic programming document under article10 or where required under the respective basic act of one or more of an external financing instrument of the union .


### in duly justified cases and in agreement with the commission , in order to increase the efficiency of programme implementation and to achieve larger - scale operations , the member state concerned may decide to transfer to interreg programmes up to [ x ] % of the amount of the erdf allocated to the corresponding programme under the investment for jobs and growth goal for the same region . the amount transferred shall constitute a separate priority or separate priorities . ### in duly justified cases and in agreement with the commission , in order to increase the efficiency of programme implementation and to achieve larger - scale operations , the member state concerned may decide to transfer to interreg programmes up to [ x ] % of the amount of the erdf allocated to the corresponding programme under the investment for jobs and growth goal for the same region . the amount transferred shall constitute a separate priority or separate priorities . sufficient flexibility in the objectives and programmes setting up on regions ' need in the participating countries shall be preserved .


### lay down the procedure for setting up the joint secretariat ; ### lay down the procedure for setting up the joint secretariat and , where applicable , supporting management structures in the member states or third countries ;


### the participating member states and , where applicable , third or partner countries or octs shall review the interreg programme taking into account the observations made by the commission . ### the participating member states and , where applicable , third or partner countries or octs shall provide to the commission all necessary additional information and , where appropriate , review the interreg programme taking into account the observations made by the commission .


### the member state may transfer during the programming period an amount of up to 5% of the initial allocation of a priority and no more than 3% of the programme budget to another priority of the same interreg programme . ### the member state may transfer during the programming period an amount of up to 10% of the allocation of a priority and no more than 6% of the programme budget to another priority of the same interreg programme .


### for interreg operations under component 3 interreg programmes , the partners from outermost regions and third countries , partner countries or octs shall be required to cooperate only in three of the four dimensions listed in the first subparagraph . ### for interreg operations under component 3 interreg programmes and external cross - border programmes , the partners from outermost regions and third countries , partner countries or octs shall be required to cooperate only in three of the four dimensions listed in the first subparagraph .


### the total amount paid as pre - financing shall be reimbursed to the commission if no payment application under the cross - border interreg programme is sent within 24 months of the date on which the commission pays the first instalment of the pre - financing amount . such reimbursement shall constitute internal assigned revenue and shall not reduce the support from the erdf , ipa iii cbc or ndici cbc to the programme . ### the corresponding annual pre - financing shall be reimbursed to the commission if no payment application under the interreg programme is sent within 36 months of the date on which the commission pays the first instalment of the pre - financing amount . such reimbursement shall constitute internal assigned revenue and shall not reduce the support from the erdf , ipa iii cbc or ndici cbc to the programme .


### any misuse , imitation or evocation , even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘ style’ , ‘ type’ , ‘ method’ , ‘ as produced in’ , ‘ imitation’ , ‘ flavour’ , ‘ like’ or similar ; ### any misuse , imitation or evocation , even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘ style’ , ‘ type’ , ' sort ' , ‘ method’ , ‘ as produced in’ , ‘ imitation’ , ‘ flavour’ , ‘ like’ or similar ;


### any other false or misleading indication as to the provenance , origin , nature or essential qualities of the product , on the inner or outer packaging , advertising material or documents relating to the product concerned , and the packing of the product in a container liable to convey a false impression as to its origin ; ### any other false or misleading indication as to the provenance , origin , ingredients , nature or essential qualities of the product , on the inner or outer packaging , advertising material or documents relating to the product concerned , and the packing of the product in a container liable to convey a false impression as to its origin ;


### without prejudice to article 18 , the commission may adopt implementing acts granting a transitional period of up to five years to enable spirit drinks originating in a member state or a third country the name of which contravenes article 18 to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under article 21 or article 24 shows that the registration of the name would jeopardise the existence of : ### without prejudice to article 18 , the commission may adopt implementing acts granting a transitional period of up to two years to enable spirit drinks originating in a member state or a third country the name of which contravenes article 18 to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under article 21 or article 24 shows that the registration of the name would jeopardise the existence of :


### the commission may , on its own initiative or at the request of any natural or legal person having a legitimate interest , adopt implementing acts to cancel the registration of a geographical indication in the following cases : ### the commission , having carried out the appropriate checks , shall , on its own initiative or at the request of any natural or legal person , adopt implementing acts to cancel the registration of a geographical indication in the following cases :