### enhancing the equal and timely access to quality , sustainable and affordable services ; modernising social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services ; ### enhancing the equal and timely access to quality , sustainable and affordable services ; facilitating the dissemination of social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services ;


### member states shall allocate at least 25% of their esf + resources under shared management to the specific objectives for the social inclusion policy area set out in points to of article 4 , including the promotion of the socio - economic integration of third country nationals . ### member states shall allocate at least 25% of their esf + resources under shared management to the specific objectives for the social inclusion policy area set out in points to of article 4 , including the promotion of the socio - economic integration of households living in conditions of absolute or relative poverty .


### —minorities ** , ### —ethnic or linguistic minorities** ,


### — number of end recipients with a foreign background and minorities ### — number of end recipients with a foreign background


### the substantial body of union legislation underpins the functioning of the internal market . this concerns , in particular , competitiveness , standardisation , consumer protection , market surveillance and food chain regulation but also rules concerning business , trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market . ### the substantial body of union legislation underpins the functioning of the internal market . this concerns , in particular , competitiveness , standardisation , consumer protection , excessive market liberalisation and catastrophic deregulation of the food chain , but also rules concerning business , trade and financial transactions providing for a level playing field essential for the functioning of the internal market .


### placing on the market of products that are not compliant with union law puts those who comply at disadvantage and may endanger consumers . many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage . market surveillance authorities are often underfunded and constrained by national boundaries , while entrepreneurs trade at union or even global level . in particular , in the case of e - commerce , market surveillance authorities have great difficulties in tracing non - compliant products imported from third countries and identifying the responsible entity within their jurisdiction . the programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs , intensifying compliance checks and promoting closer cross - border cooperation among enforcement authorities . the programme should also contribute to the consolidation of the existing framework for market surveillance activities , encourage joint actions of market surveillance authorities from different member states , improve the exchange of information and promote convergence and closer integration of market surveillance activities . ### the placing on the market of products that are not compliant with union law puts those who comply at a disadvantage and endangers producers and consumers . many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage . market surveillance authorities are often underfunded , while entrepreneurs trade at union or even global level . in particular , in the case of e - commerce , market surveillance authorities have great difficulties in tracing non - compliant products imported from third countries and identifying the responsible entity within their jurisdiction . the programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs , intensifying compliance checks and promoting closer cross - border cooperation among enforcement authorities . the programme should also contribute to the consolidation of the existing framework for market surveillance activities , encourage joint actions of market surveillance authorities from different member states , improve the exchange of information and promote convergence and closer integration of market surveillance activities .


### a high level of health protection through the food supply chain is necessary to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and for the internal market . cross border health crises and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production . ### a high level of health protection through the food supply chain is necessary to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and must be based on the faith that the public have in european agricultural producers , as well as on the guarantee of fair remuneration that is commensurate with the work they do . imports from third countries , as well as cross - border health crises and food scares , disrupt the functioning of the internal market and disrupt production .


### the general objective of union law in the food chain area is to contribute to a high level of health for humans , animals and plants along the food chain , to support the improvement of the welfare of animals , to contribute to a high level of protection and information for consumers and a high level of protection of the environment , including the preservation of biodiversity , while improving the sustainability of european food and feed productions , increasing quality standards across the union , enhancing the competitiveness of the union food and feed industry and favouring the creation of jobs . ### the general objective of union law in the food chain area is to contribute to a high level of health for humans , animals and plants along the food chain , to support the improvement of the welfare of animals , to contribute to a high level of protection and information for consumers and a high level of protection for the environment , including the preservation of biodiversity , while improving the sustainability of european food and feed production , increasing quality standards across the union , enhancing the competitiveness and stability of the union food and feed industry , and fostering the creation of sustainable jobs by guaranteeing a decent income for all producers .


### official controls carried out by the member states are an essential tool for verifying and monitoring that relevant union requirements are being implemented , complied with and enforced . the effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans , animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare . union financial support should be made available for such control measures . in particular , a financial contribution should be available to union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the commission . moreover , since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of union law , the union should be able to contribute to their training and relevant exchange programmes organised by competent authorities . ### official controls carried out by the member states are an essential tool for verifying and monitoring that relevant union requirements are being implemented , complied with and enforced . the effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans , animals and plants along the food chain , whilst ensuring a high level of protection for human health , the environment and animal welfare . union financial support should be made available for such control measures . in particular , a financial contribution should be available to union reference laboratories in order to help them bear the costs arising from the implementation of work programmes .


### making the internal market more effective , facilitating the prevention and removal of obstacles , supporting the development , implementation and enforcement of the union law in the areas of the internal market for goods and services , public procurement , market surveillance as well as in the areas of company law and contract and extra - contractual law , anti - money laundering , free movement of capital , financial services and competition , including the development of governance tools ; ### making the internal market more effective : facilitating the prevention and removal of unjustified obstacles , prevention of unjustified unequal treatment of market participants / consumers , supporting the development , implementation and enforcement of the union law in the areas of public procurement , company law and contract and extra - contractual law , anti - money laundering , free movement of capital , financial services and competition , including the development of user - centric governance tools ; supporting effective market surveillance and product safety throughout the union and the implementation and enforcement of the union law in the areas of the internal market for goods and services .


### improving the competitiveness of enterprises with special emphasis on smes and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry and the promotion of entrepreneurship ; ### improving the competitiveness of enterprises , improving access to markets , improving the business environment so that it is favourable for smes , improving the competitiveness of sectors , modernising agriculture and industry and promoting entrepreneurship ;


### support the development of high - quality international financial reporting and auditing standards , facilitate their integration into the union law and promote the innovation and development of best practices in corporate reporting ; ### support the development of financial reporting and auditing standards , facilitate their integration into the union law and promote the innovation and development of best practices in corporate reporting ;


### empowering , assisting and educating consumers , businesses and civil society ; ensuring a high level of consumer protection , sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions ; ensuring that all consumers have access to redress and ; provision of adequate information on markets and consumers ; ### empowering and assisting consumers , businesses and civil society ; ensuring a high level of consumer protection , sustainable consumption and product safety , notably by supporting competent enforcement authorities and consumer representative organisations , &#160 ; as well as cooperation actions among member states , and exchanges of good practice and information , to shield european products on the internal market against all unfair competition ; ensuring that all consumers have access to redress and ; provision of adequate information on markets and consumers ;


### at union level , reports by whistleblowers are one upstream component of enforcement of union law : they feed national and union enforcement systems with information leading to effective detection , investigation and prosecution of breaches of union law . ### at union level , reports by whistleblowers are one upstream component of monitoring the correct application of union law .


### 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 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 without this definition being limitative and exhaustive .


### ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ; ### ‘ abuse of law’ means acts or omissions falling within the scope of union , a serious threat or damage to the general interest law which do not appear to be illegal in formal terms but defeat the object or the purpose pursued by the applicable rules ;


### the member state should carry out a mid - term review of each programme supported by the erdf , the esf + and the cohesion fund . that review should provide a fully - fledged adjustment of programmes based on programme performance , while also providing an opportunity to take account of new challenges and relevant csrs issued in 2024 . in parallel , in 2024 the commission should , together with the technical adjustment for the year 2025 , review all member states ' total allocations under the investment for jobs and growth goal of cohesion policy for the years 2025 , 2026 and 2027 , applying the allocation method set out in the relevant basic act . that review together with the outcome of the mid - term review should result in programme amendments modifying the financial allocations for the years 2025 , 2026 and 2027 . ### in order to ensure that the measures adopted are effective , the member state should carry out a mid - term review of each programme supported by the erdf , the esf + and the cohesion fund . that review should provide a fully - fledged adjustment of programmes based on programme performance , while also providing an opportunity to take account of new challenges and relevant csrs issued in 2024 . in parallel , in 2024 the commission should , together with the technical adjustment for the year 2025 , review all member states ' total allocations under the investment for jobs and growth goal of cohesion policy for the years 2025 , 2026 and 2027 , applying the allocation method set out in the relevant basic act . that review together with the outcome of the mid - term review should result in programme amendments modifying the financial allocations for the years 2025 , 2026 and 2027 .


### in order to optimise the uptake of co - financed environmental investments , synergies should be ensured with the life programme for environmental and climate action , in particular through life strategic integrated projects and strategic nature projects . ### in order to optimise the uptake of co - financed environmental investments , and to be able to attain objectives , particularly with regard to climate change , synergies should be ensured with the life programme for environmental and climate action , in particular through life strategic integrated projects and strategic nature projects .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the cost of labour , the costs of raw materials and energy costs , 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 shall issue a biennial 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 .


### 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 and take account of structural overproduction . 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 .


### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . ### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . national legislation regarding health and safety , rights at the workplace , environmental protection and intellectual property enables enterprises to reduce production costs .


### in march 2018 , the commission published its action plan ' financing sustainable growth ' 25setting up an ambitious and comprehensive strategy on sustainable finance . one of the objectives set out in that action plan is to reorient capital flows towards sustainable investment in order to achieve sustainable and inclusive growth . the establishment of a unified classification system for sustainable activities is the most important and urgent action envisaged by the action plan . the action plan recognises that the shift of capital flows towards more sustainable activities has to be underpinned by a shared understanding of what ' sustainable ' means . as a first step , clear guidance on activities qualifying as contributing to environmental objectives , should help inform investors about the investments that fund environmentally sustainable economic activities . further guidance on the activities contributing to other sustainability objectives , including social objectives , may be developed at a later stage . _________________ 25 com 97 final . ### in march 2018 , the commission published its action plan ' financing sustainable growth ' 25 setting up a strategy on sustainable finance . one of the objectives set out in that action plan is to reorient capital flows towards sustainable investment in order to achieve sustainable and inclusive growth . the establishment of a unified classification system for sustainable activities is the most important and urgent action envisaged by the action plan . the action plan recognises that the shift of capital flows towards more sustainable activities has to be underpinned by a shared understanding of what ' sustainable ' means . as a first step , clear guidance on activities qualifying as contributing to environmental objectives , should help inform investors about the investments that fund environmentally sustainable economic activities . further guidance on the activities contributing to other sustainability objectives , including social objectives , may be developed at a later stage . _________________ 25 com 97 final .


### to avoid market fragmentation as well as harm to consumer interests due to divergent notions of environmentally sustainable economic activities , national requirements that market actors should comply with when they wish to market financial products or corporate bonds as being environmentally sustainable , should build on the uniform criteria for environmentally sustainable economic activities . those market actors include financial market participants offering “green” financial products and non - financial companies issuing “green” corporate bonds . ### to avoid market fragmentation as well as harm to consumer interests due to divergent notions of environmentally sustainable economic activities , national requirements that market actors should comply with when they wish to market financial products or corporate bonds as being environmentally sustainable , could build on the uniform criteria for environmentally sustainable economic activities . those market actors include financial market participants offering “green” financial products and non - financial companies issuing “green” corporate bonds .


### for each environmental objective , uniform criteria for considering economic activities to be substantially contributing to that objective should be laid down . one element of the uniform criteria should be to avoid significant harm to any of the environmental objectives set out in this regulation . this is in order to avoid that investments are considered environmentally sustainable although the economic activities benefitting from those investments cause harm to the environment to an extent outweighing their contribution to an environmental objective . the conditions for substantial contribution and for not causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives . ### for each environmental objective , uniform and precise criteria for considering economic activities to be substantially contributing to that objective should be laid down . one element of the uniform criteria should be to avoid significant harm to any of the environmental objectives set out in this regulation . this is in order to avoid that investments are considered environmentally sustainable although the economic activities benefitting from those investments cause harm to the environment to an extent outweighing their contribution to an environmental objective . the conditions for substantial contribution and for not causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives .


### for the purposes of this regulation , an economic activity shall be considered to contribute substantially to healthy ecosystems where that activity contributes substantially to protecting , conserving and enhancing biodiversity and ecosystem services in line with the relevant legislative and non - legislative union instruments , through any of the following means : ### for the purposes of this regulation , an economic activity , e . g . of cooperatives , &#160 ; shall be considered to contribute substantially to healthy ecosystems where that activity contributes substantially to protecting , conserving and enhancing biodiversity and ecosystem services in line with the relevant legislative and non - legislative union instruments , through any of the following means :


### prima activities should be in line with the objectives and research and innovation priorities of horizon 2020 and with the general principles and conditions laid down in article 26 of regulation no 1291 / 2013 . prima should take into account the oecd definitions regarding technological readiness level in the classification of technological research , product development and demonstration activities . ### prima activities should be in line with the objectives and research and innovation priorities of horizon 2020 and with the general principles and conditions laid down in article 26 of regulation no 1291 / 2013 . prima should take into account the oecd definitions regarding technological readiness level and all other relevant legal definitions in the classification of technological research , product development and demonstration activities .


### calls for proposals managed by the prima - is should also be published on the single portal for participants , as well as through other horizon 2020 electronic means of dissemination managed by the commission . ### calls for proposals managed by the prima - is should also be published on the single portal for participants , as well as through other horizon 2020 electronic means of dissemination managed by the commission and on all other platforms and by all other relevant means .


### the objective of this decision is to strengthen the integration and alignment of research and innovation systems and activities in the mediterranean countries in the fields of water provision and food systems . the scale of the research and innovation necessary to address the challenges in the mediterranean area is immense due to the systemic character of the major bottlenecks . the scope of research and innovation is complex , multidisciplinary and requires a multi - actor and cross - border approach . a collaborative approach with a wide set of participating states can help to increase the required scale and scope , by pooling financial and intellectual resources . since the objective can therefore be better achieved at union level by integrating national efforts into a consistent union approach , by bringing together compartmentalised national research programmes , by helping design common research and funding strategies across national borders , and by achieving the critical mass of actors and investments required , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary in order to achieve those objectives . ### the objective of this decision is to strengthen cooperation between research and innovation systems and activities in the mediterranean countries in the fields of water provision and food systems . the scale of the research and innovation necessary to address the challenges in the mediterranean area is immense due to the systemic character of the major bottlenecks . the scope of research and innovation is complex , multidisciplinary and requires a multi - actor and cross - border approach . a collaborative approach with a wide set of participating states can help to increase the required scale and scope , by pooling financial and intellectual resources . since the objective can therefore be better achieved at union level by integrating national efforts into a consistent union approach , by bringing together national research programmes , by helping design common research and funding strategies , and by achieving the critical mass of actors and investments required , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is strictly necessary in order to achieve those objectives .


### the commission shall assess the fulfilment of commitments undertaken by the participating states , in particular through the first two prima annual work plans . following that assessment the maximum union contribution referred to in article 3 shall be reviewed in accordance with article 9 . ### the commission shall assess the fulfilment of commitments undertaken by the participating states and their administration of the funding , in particular through the first two prima annual work plans . following that assessment the maximum union contribution referred to in article 3 shall be reviewed in accordance with article 9 .


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to produce tangible results from existing programmes outside the union , without interfering with the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action .


### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change . ### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to maintain the current high level of climate - relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 , unless there is a substantial worsening of the migrant crisis in europe . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change .


### the waste reception and handling plans referred to in paragraph 1 may , where required for reasons of efficiency , be developed in conjunction by two or more neighbouring ports in the same region , with the appropriate involvement of each port , provided that the need for and availability of , reception facilities are specified for each port . ### the waste reception and handling plans referred to in paragraph 1 may , where required for reasons of efficiency , be developed in conjunction by two neighbouring ports or two ports near each other , with the involvement to the extent possible of each port , provided that the need for and availability of reception facilities are specified for each port and at least one of the ports is able to receive an adequate amount of every type of waste .


### by [ op : please add specific date – three months after entry into force ] the agency shall provide a recommendation addressed to regulatory authorities on the progressive convergence of transmission and distribution tariff methodologies . that recommendation shall address at least : ### by [ op : please add specific date – three months after entry into force ] nras cooperating in the framework of the agency shall define a publication template to favour transparency in the setting and structure of transmission tariffs . the template shall address at least the following minimum publication requirements regarding tariff charges : the ratio of tariffs applied to producers and to consumers ; the costs and / or allowed or target revenue of the transmission system operator to be recovered by tariffs ; time differentiated network tariffs ; locational signals ; the relationship between transmission and distribution tariffs groups of network users subject to tariffs , including tariff exemptions . by [ op : please add specific date – six months after entry into force ] , and afterwards regularly every two years , the national regulatory authority or the transmission system operator , as decided by the national regulatory authority , shall publish information according to the minimum publication requirements template , on the methodology for calculating the respective network tariffs .


### distribution system operators shall cooperate with transmission system operators in planning and operating their networks . in particular , transmission and distribution system operators shall exchange all necessary information and data regarding , the performance of generation assets and demand side response , the daily operation of their networks and the long - term planning of network investments , with the view to ensure the cost - efficient , secure and reliable development and operation of their networks . ### distribution system operators and transmission system operators shall cooperate in planning and operating their networks . in particular , transmission and distribution system operators shall exchange all necessary information and data regarding , the performance of generation assets and demand side response , the daily operation of their networks and the long - term planning of network investments , with the view to ensure the cost - efficient development and operation and the secure and reliable operation of their networks .


### when adopting or amending guidelines , the commission shall consult the agency , the entso for electricity and other stakeholders where relevant . ### when adopting or amending guidelines , the commission shall consult the agency , the entso for electricity , the eu dso entity and other stakeholders where relevant


### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . ### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . member states may , by means of a reasoned decision notified to the agency , reject liaison officers deployed on their territory .


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


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


### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . ### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions .


### member states and the commission should take all necessary measures to ensure the protection of confidential and other sensitive information . ### member states should take all necessary measures to ensure the protection of confidential and other sensitive information .


### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation . ### member states shall ensure the protection of confidential information acquired in application of this regulation .


### the power to adopt delegated acts referred to in articles 8 and 9 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in articles 8 and 9 shall be conferred on the commission for a period of 3 years from [ the date of entry into force of this regulation ] .


### clear environmental , economic and social benefits would be derived from further increasing the targets laid down in directive 94 / 62 / ec for preparation for re - use and recycling of packaging waste . ### environmental and economic benefits would be derived from further increasing the targets laid down in directive 94 / 62 / ec for preparation for a significant reduction in packaging and the re - use and recycling of packaging waste .


### through a progressive increase of the existing targets on preparing for re - use and recycling of packaging waste , it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy . that way it should be ensured that valuable materials found in waste are returned into the european economy , thus making progress in the implementation of the raw materials initiative15 and the creation of a circular economy . __________________ 15 com 442 . ### firstly , efforts should be made to encourage a reduction in packaging of very little use value ; then , through a progressive increase of the existing targets on preparing for re - use and recycling of packaging waste , it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy . that way it should be ensured that valuable materials found in waste are returned into the european economy , thus making progress in the implementation of the raw materials initiative15 and the creation of a circular economy . __________________ 15 com 442 .


### no later than 31 december 2025 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste : 55 % of plastic ; 60% of wood ; 75% of ferrous metal ; 75% of aluminium ; 75% % of glass ; 75% of paper and cardboard ; ### deleted


### for the purposes of calculating whether the targets laid down in article 6 to have been achieved member states may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality requirements . member states shall use the common methodology established in accordance with article 11a of directive 2008 / 98 / ec . ### for the purposes of calculating whether the targets laid down in article 6 to have been achieved member states may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality requirements . member states shall use the methodology established in accordance with article 11a of directive 2008 / 98 / ec .


### member states shall report the data concerning the attainment of the targets laid down in article 6 to for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . ### member states shall report the data concerning the attainment of the targets laid down in article 6 to every three calendar years to the commission . they shall report this data electronically within 18 months of the end of the three years period for which the data are collected .


### the data shall be reported in the format established by the commission in accordance with paragraph 3d . the first reporting shall cover data for the period from 1 january [ enter year of entry into force of this directive + 1 year ] to 31 december [ enter year of entry into force of this directive + 1 year ] . ### the data shall be reported in the format established by the commission in accordance with paragraph 3d . the first reporting shall cover data for the period from 1 january [ enter year of entry into force of this directive + 1 year ] to 31 december [ enter year of entry into force of this directive + 3 years ] .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall cover an assessment of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall cover an assessment of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific non - binding recommendations for improvement . the report shall be drawn up every three years .


### the power to adopt delegated acts referred to in article 6a , article 11 , article 19 and article 20 shall be conferred on the commission for an indeterminate period of time from [ enter date of entry into force of this directive ] . ### the power to adopt delegated acts referred to in article 11 , article 19 and article 20 shall be conferred on the commission for a period of five years from [ enter date of entry into force of this directive ] .


### the delegation of power referred to in article 6a , article 11 , article 19 and article 20 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 11 , article 19 and article 20 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 6a , article 11 , article 19 and article 20 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 11 , article 19 and article 20 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### in order to increase the efficiency of the intervention , a blending facility or blending facilities may be established under the connecting europe facility . such blending facilities should finance blending operations which are actions combining non - reimbursable forms of support and / or financial instruments from the union budget , including combination of cef equity and cef debt financial instruments , and financing from eib group development or other finance institutions as well as investors . ### in order to increase the efficiency of the intervention , a blending facility or blending facilities may be established under the connecting europe facility . such blending facilities should finance blending operations which are actions combining non - reimbursable forms of support and / or financial instruments from the union budget , including combination of cef equity and cef debt financial instruments , and financing from eib group development or other finance institutions as well as investors . these funds should be closely monitored , in particular by european , national and regional courts of auditors , to ensure that they do not lead to the introduction of a system of privatisation of profits and socialisation of losses to the detriment of european taxpayers . any such funding should be the subject of an independent study upstream to determine the usefulness of the projects .


### a blending facility under cef should aim to enhance the multiplier effect of union spending by attracting additional resources from private investors . in addition , it should ensure that the actions supported become economically and financially viable . ### a blending facility under cef should aim to enhance the multiplier effect of union spending by attracting additional resources from private investors . in addition , it should ensure that the actions supported become economically and financially viable . however , the public authorities concerned should be careful not to abandon the financing of strategic infrastructure on the pretext of profitability ;


### in order to encourage and boost cooperation measures , within programmes implemented under the investment for jobs and growth goal , it is necessary to enhance cooperation measures with partners within a given member state or between different member states in relation to support provided under all of the specific objectives . such enhanced cooperation is additional to the cooperation under etc / interreg and should in particular support cooperation among structured partnerships with a view to implementing regional strategies as referred to in the communication from the commission ‘ strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth’17 . partners may therefore come from any region in the union , but may also include cross - border regions and regions which are all covered by a macro - regional or sea - basin strategy or a combination of the two . _________________ 17 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions of 8 july 2017 - com 376 final . ### in order to encourage and boost cooperation measures , within programmes implemented under the investment for jobs and growth goal , it is necessary to enhance cooperation measures with partners including those at local and regional level within a given member state or between different member states in relation to support provided under all of the specific objectives . such enhanced cooperation is additional to the cooperation under etc / interreg and should in particular support cooperation among structured partnerships with a view to implementing regional strategies as referred to in the communication from the commission ‘ strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth’17 . partners may therefore come from any region in the union , but may also include cross - border regions and regions which are all covered by a macro - regional or sea - basin strategy or a combination of the two . _________________ 17 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions of 8 july 2017 - com 376 final .


### in addition , productive investments in enterprises other than smes can be supported when they involve cooperation with smes in research and innovation activities supported under point of article 2 . ### in addition , productive investments that create and safeguard stable jobs through direct aid for investments in enterprises other than smes can be supported when they involve cooperation with smes .


### in order to contribute to the functioning of the internal market , it is necessary to provide for wider dissemination of television and radio programmes originating in other member states for the benefit of users across the union by facilitating licensing of copyright and related rights in works and other protected subject - matter contained in broadcasts of such programmes . indeed , television and radio programmes are important means of promoting cultural and linguistic diversity , social cohesion and access to information . ### in order to continue to support the european cultural and creative industries , it is necessary to embed the principle of territoriality , including for television and radio programmes originating in other member states , for the benefit of enterprises but also of users , by enshrining the principle of copyright and related rights in works and other protected subject - matter contained in broadcasts of such programmes . indeed , television and radio programmes are important means of promoting cultural and linguistic diversity , social cohesion and access to information , and it is therefore vital to ensure that schemes for the financing of audiovisual works are not jeopardised .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . ### broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under national bodies of law and union law . territorially based sales of rights and exclusivity clauses play a major role in the financing and distribution of this content . this investment is particularly relevant in the case of the cross - border distribution of content across the union , as was pointed out by the european audiovisual observatory in its study on territoriality in 2015 , because the union market is heterogeneous and very fragmented – owing to differences in the language , culture and tastes of the public – and , therefore , obliges broadcasting organisations to adapt to national circumstances .


### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council15and directive 2006 / 115 / ec of the european parliament and of the council . 16 _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 . ### it is also necessary to point out that this legal protection of right holders , which forms part of the constitutional traditions and legal systems of most member states , is also enshrined in union law , since rights in works and other protected subject matter have been harmonised , inter alia , through directive 2001 / 29 / ec of the european parliament and of the council15 and directive 2006 / 115 / ec of the european parliament and of the council . 16 _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### in view of the principle of contractual freedom , and although the collective management model might be encouraged , it would be recommendable not to implement new legislation pertaining to rights clearance procedures for secondary retransmissions of programmes by operators of packages of television and radio channels by means of iptv or other closed electronic communication networks . moreover , no changes of a legal nature should be made at this stage in respect of retransmission services offered on the open internet .


### build up and strengthen core artificial intelligence capacities in the union , including data resources and libraries of algorithms in compliance with data protection legislation ; ### build up and strengthen core artificial intelligence capacities in the union , including data resources and libraries of algorithms in full compliance with data protection legislation , especially with data privacy legislation of individuals ;


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of long - term trainings and courses for those students , it professionals and the workforce who have all been assessed trustworthy for handling data of such sensitive nature ;


### deploy , operate and maintain trans - european interoperable digital service infrastructures in complementarity with national and regional actions ; ### deploy , operate and maintain trans - european interoperable digital service infrastructures in complementarity with national and regional actions as well as all legislation on privacy rights ;


### facilitate the development , update and use of solutions and frameworks by european public administrations , businesses and citizens , including the re - use of interoperability solutions and frameworks ; ### facilitate the development , update and use of solutions and frameworks by european public administrations , businesses and citizens , including the re - use of interoperability solutions and frameworks as soon as it is proven that the digital platform is safe and fully protected against cyber - attacks ;


### offer to public administrations access to testing and piloting of digital technologies , including their cross - border use ; ### offer to public administrations access to testing and piloting of digital technologies , including their cross - border use , whereas , for security reasons , testing phase is not supposed to be run with real data ;


### third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any union programme , provided that the agreement ; ### third countries , in particular case and after consent of the european parliament of at least 2 / 3 , in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any union programme , provided that the agreement ;


### legal entities established in a third country which is not associated to the programme should in principle bear the cost of their participation . ### legal entities established in a third country which is not associated to the programme must bear the cost of their participation if allowed to .


### where a product originating in ukraine is imported on terms which cause , or threaten to cause , serious difficulties to a community producer of like or directly competing products , common customs tariff duties on such product may be reintroduced at any time by the council acting by qualified majority on a proposal from the commission . ### where a product originating in ukraine is imported on terms which cause , or threaten to cause , difficulties to a community producer of like or directly competing products , common customs tariff duties on such product may be reintroduced at any time by the council acting by qualified majority on a proposal from the commission .


### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives . ### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local , rural and farm levels , it is necessary to improve the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives .


### in view of the concerns related to administrative burden under shared management , simplification should also be subject to a specific attention in the cap strategic plan . ### in view of the concerns related to administrative burden under shared management , simplification , both at union and member state level , should also be subject to a specific attention in the cap strategic plan . the european union must assist the member states in order to spare them a disproportionate administrative burden .


### ' genuine farmers ' shall be defined in a way to ensure that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agricultural , while not precluding from support pluri - active farmers . the definition shall allow to determine which farmers are not considered genuine farmers , based on conditions such as income tests , labour inputs on the farm , company object and / or inclusion in registers . ### ' genuine farmers ' - member states may define ' genuine farmers ' in a way to ensure that no assistance is granted to those whose agricultural activity forms only an insignificant part of their economic activities or whose principal business activity is not agricultural , that is to say pluri - active farmers . the definition shall allow to determine which farmers are not considered genuine farmers .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . they also occur through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of , inter alia , goods and services is ensured , it is not just barriers between member states that should be abolished . however , article 18 tfeu makes prohibiting discrimination on grounds of nationality a requirement solely for the member states and their bodies ; such a requirement should not apply to private parties , in the light of the freedom to choose an occupation and the freedom to conduct a business , which are enshrined in the charter of fundamental rights of the european union . furthermore , sometimes the differential treatment on grounds of nationality applied by traders in cross - border commercial transactions can be justified by objective factors .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### clarifying the circumstances in which differential treatment of this kind cannot be applied should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . it is necessary to avert a situation in which enterprises have to adjust their logistical systems and to deal with all guarantee cases and cases of withdrawal from cross‐border contracts , since this would reduce the number of traders from among smes and have a counter - productive effect on commercial transactions within the union , and particularly in the e - commerce sector , thus preventing the full growth potential of the internal market from being realised .


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


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


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer could be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall be able , for reasons related to the nationality , place of residence or place of establishment of the customer , not to redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law .


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### traders may apply equal general conditions of access to their goods or services in the following situations :


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### traders may apply equal conditions of payment for any sales of goods or provision of services , where :


### the payee can request strong customer authentication by the payer pursuant to the directive 2015 / 2366 ; and ### the trader can request strong customer authentication by the payer pursuant to the directive 2015 / 2366 ; and


### the payments are in a currency that the payee accepts . ### the payments are in a currency that the trader accepts .


### the prohibition set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument . ### without prejudice to any national laws adopted pursuant to article 62 of directive 2015 / 2366 , the provisions set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument .


### the tallinn digital summit55of september 2017 and the conclusions of the european council56of 19 october 2017 indicated the need for europe to invest in digitising our economies and addressing the skills gap to maintain and enhance european competitiveness , our quality of life and social fabric . the european council concluded that the digital transformation offers immense opportunities for innovation , growth and jobs , will contribute to our global competitiveness , and enhance creative and cultural diversity . seizing these opportunities requires collectively tackling some of the challenges posed by the digital transformation and reviewing policies affected by the digital transformation . _________________ 55 https : / / www . eu2017 . ee / news / insights / conclusions - after - tallinn - digital - summit 56 https : / / www . consilium . europa . eu / media / 21620 / 19 - euco - final - conclusions - en . pdf ### the tallinn digital summit55 of september 2017 and the conclusions of the european council56 of 19 october 2017 indicated the need for europe to invest in digitising our economies and addressing the skills gap to maintain and enhance european competitiveness , our quality of life and social fabric . in addition , on 10 april 2018 , the european countries pledged to make progress with artificial intelligence and blockchain technology . the european council concluded that the digital transformation offers immense opportunities for innovation , growth and jobs , will contribute to our global competitiveness , and enhance creative and cultural diversity . seizing these opportunities requires collectively tackling some of the challenges posed by the digital transformation and reviewing policies affected by the digital transformation . _________________ 55 https : / / www . eu2017 . ee / news / insights / conclusions - after - tallinn - digital - summit 56 https : / / www . consilium . europa . eu / media / 21620 / 19 - euco - final - conclusions - en . pdf


### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence and distributed ledgers technologies , while at the same time ensuring a high level of data protection , digital rights and ethical standards . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through risk - based radical innovations and to reaffirm the leading role of its industry . ### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence and distributed ledgers technologies , and especially high performance computing , an area in which the european union is now lagging almost irretrievably far behind china , the united states and japan , while at the same time ensuring a high level of data protection , digital rights and ethical standards . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through risk - based radical innovations and to reaffirm the leading role of its industry .


### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final ) ### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry - including vses / smes , especially start - ups , which do not have the necessary funding or expertise in fields such as high performance computing - by public organisations and by academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final )


### the programme ' s actions should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . ### the programme ' s actions should be used to address market failures or sub - optimal private investment or bank financing , while encouraging private financing , facilitating the increased provision of specialist banking services and ensuring a clear and measurable european added value .


### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises . ### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and energy production and security and defence , as well as competitiveness of industry , notably small and medium - sized enterprises .


### in its resolution of 1 june 2017 on digitising european industry67the european parliament stated that education , training and lifelong learning are the cornerstone of social cohesion in a digital society . _________________ 67 document ref . a8 - 0183 / 2017 , available at : http : / / www . europarl . europa . eu / sides / getdoc . do ? type=ta&language=en&reference=p8 - ta - 2017 - 0240 ### in its resolution of 1 june 2017 on digitising european industry67 the european parliament stated that education , training and lifelong learning are among the cornerstones of social cohesion in a digital society . _________________ 67 document ref . a8 - 0183 / 2017 , available at : http : / / www . europarl . europa . eu / sides / getdoc . do ? type=ta&language=en&reference=p8 - ta - 2017 - 0240


### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes . ### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . however , the dearth of digital skills can be attributed to the consistently low percentage of higher education students attracted to careers in science and technology , which , according to a 2015 european parliament study , could lead to a skills shortage in these fields by 2025 . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe 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 concerning amendments to annex ii to review and / or complement the indicators . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### the 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 concerning amendments to annex ii to review and / or complement the indicators . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . furthermore , parliament may revoke the delegation of powers at any time .


### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to european citizens and businesses . the programme will : ### the programme has the following general objective : to support the digital transformation of the european economy and society , strengthen the industrial sovereignty and strategic autonomy of the member states and bring its benefits to european citizens and businesses . the programme will :


### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in full compliance with data protection legislation ; ### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in full compliance with personal data and electronic communication protection legislation ;


### up to eur 1 998 696 000 for specific objective 3 , cybersecurity and trust ### up to eur 1 998 696 000 for specific objective 3 , cybersecurity


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


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