### offering financial products which pursue environmentally sustainable objectives is an effective way of channelling private investments into sustainable activities . national requirements for marketing as sustainable investments financial products and corporate bonds , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence , to create visibility and to address concerns about “greenwashing” . greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment - friendly , when in fact it does not meet basic environmental standards . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . given the political commitments under the paris agreement and at union level , it is likely that more and more member states will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable . in doing so , member states would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable . if such national requirements are based on different criteria as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria will thus increase costs and create a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria for determining whether an economic activity is environmentally sustainable should therefore be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation economic operators will find it easier to raise funding for their green activities across borders , as their economic activities can be compared against uniform criteria in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union . ### offering financial products which are marketed as and pursue environmentally sustainable objectives is an effective way of channelling private investments into sustainable activities . national requirements for marketing as sustainable investments financial products and corporate bonds , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence , to create visibility and to address concerns about “greenwashing” . greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment - friendly , when in fact it does not meet basic environmental standards . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . given the political commitments under the paris agreement and at union level , it is likely that more and more member states will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable . in doing so , member states would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable . if such national requirements are based on different criteria as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria will thus increase costs and create a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria for determining whether an economic activity is environmentally sustainable should therefore be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation economic operators will find it easier to raise funding for their green activities across borders , as their economic activities can be compared against uniform criteria in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union .


### a union classification of environmentally sustainable economic activities should enable the development of future union policies , including union - wide standards for environmentally sustainable financial products and eventually the establishment of labels that formally recognise compliance with those standards across the union . uniform legal requirements for considering investments as environmentally sustainable investments , based on uniform criteria for environmentally sustainable economic activities , are necessary as a reference for future union legislation aiming at enabling those investments . ### union - wide indicators determining the environmental impact of economic activities should enable the development of future union policies , including union - wide standards for environmentally sustainable financial products and eventually the establishment of labels that formally recognise compliance with those standards across the union , as well as to be the basis for other economic , regulatory and prudential measures . uniform legal requirements for considering the degree of environmental sustainability of investments , based on uniform criteria for the degree of environmental sustainability of economic activities and common indicators for assessing the environmental impact of investments , are necessary as a reference for future union legislation aiming at facilitating the shift from investments with a negative environmental impact to investments with a positive impact . .


### in the context of achieving sdgs in the union , policy choices such as the creation of a european fund for strategic investment , have proven to be effective in contributing to channel private investment alongside public spending towards sustainable investments . regulation 2015 / 1017 of the european parliament and of the council27 specifies a 40% climate investment target for infrastructure and innovation projects under the european fund for strategic investment . common criteria for the sustainability of economic activities could underpin future similar initiatives of the union supporting investment pursuing climate - related or other environmental objectives . _________________ 27 regulation 2017 / 2396 of the european parliament and of the council of 13 december 2017 amending regulations no 1316 / 2013 and 2015 / 1017 as regards the extension of the duration of the european fund for strategic investments as well as the introduction of technical enhancements for that fund and the european investment advisory hub . ### in the context of achieving sdgs in the union , policy choices such as the creation of a european fund for strategic investment , have proven to be effective in contributing to mobilise private investment alongside public spending in sustainable investments . regulation 2015 / 1017 of the european parliament and of the council27 specifies a 40% horizontal climate investment target for infrastructure and innovation projects under the european fund for strategic investment . common criteria for the sustainability of economic activities may underpin future similar initiatives of the union mobilising investment pursuing climate - related or other environmental objectives . _________________ 27 regulation 2017 / 2396 of the european parliament and of the council of 13 december 2017 amending regulations no 1316 / 2013 and 2015 / 1017 as regards the extension of the duration of the european fund for strategic investments as well as the introduction of technical enhancements for that fund and the european investment advisory hub .


### the application of this regulation should be reviewed regularly in order to assess the progress on the development of technical screening criteria for environmentally sustainable activities , the use of the definition of environmentally sustainable investment , and whether compliance with the obligations requires the establishment of a verification mechanism . the review should include also an assessment of whether the scope of this regulation should be extended to cover social sustainability objectives . ### the application of this regulation should be reviewed regularly and at least after three years in order to assess the progress on the development of technical screening criteria and harmonised indicators for environmentally sustainable activities , the use of the definition of environmentally sustainable investment or investments having a negative environmental impact , and whether compliance with the obligations requires the establishment of a verification mechanism . the review should include also an assessment of the provisions required for extending the scope of this regulation to cover social sustainability objectives .


### in march 2018 , the commission published its action plan ' financing sustainable growth ' 25 setting 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 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 and of indicators for identifying the degree of sustainability of activities are 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 , holistic understanding of the impact of economic activities and investments on environmental sustainability and resource efficiency . as a first step , clear guidance on activities qualifying as contributing to environmental objectives , should help inform investors about the investments that fund economic activities according to their degree of sustainability . further guidance on the activities contributing to other sustainability objectives , including social objectives , may be developed at a later stage . __________________ 25 com 97 final .


### producing clean and efficient fuels from renewable or carbon - neutral sources . ### producing clean and efficient zero - emission or low - emission fuels from renewable or low - carbon sources


### offering financial products which pursue environmentally sustainable objectives is an effective way of channelling private investments into sustainable activities . national requirements for marketing as sustainable investments financial products and corporate bonds , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence , to create visibility and to address concerns about “greenwashing” . greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment - friendly , when in fact it does not meet basic environmental standards . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . given the political commitments under the paris agreement and at union level , it is likely that more and more member states will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable . in doing so , member states would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable . if such national requirements are based on different criteria as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria will thus increase costs and create a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria for determining whether an economic activity is environmentally sustainable should therefore be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation economic operators will find it easier to raise funding for their green activities across borders , as their economic activities can be compared against uniform criteria in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union . ### offering financial products and services which pursue environmentally sustainable objectives is an effective way of shifting private investments from activities with negative environmental impact into more sustainable activities . national requirements for marketing as sustainable investments financial products , services and corporate bonds , as defined in this regulation , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence and awareness of risks , to create visibility and to address concerns about “greenwashing” . greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment - friendly , when in fact it does not meet basic environmental standards . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . given the political commitments under the paris agreement and at union level , it is likely that more and more member states will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable . in doing so , member states would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable . if such national requirements are based on different criteria and indicators as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria and indicators will direct investments in an environmentally ineffective , and in some cases counterproductive , manner and lead to unmet environmental and sustainability targets . that absence thus increases costs and creates a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria and indicators for determining the degree of sustainability of an economic activity should therefore be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation of information , of metrics and of criteria , economic operators will find it easier to raise funding for their environmentally sustainable activities across borders , as their economic activities can be compared against uniform criteria and indicators in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union .


### ' sustainable forest management ' means using forests and forest land in a way , and at a rate , that maintains their biodiversity , productivity , regeneration capacity , vitality and their potential to fulfil , now and in the future , relevant ecological , economic and social functions , at local , national , and global levels , and that does not cause damage to other ecosystems . ### ’sustainable forest management’ means using forests and forest land in accordance with applicable national legislation building on the sustainable forest management definition adopted in the pan - european ministerial conference on the protection of forests in europe , the commitments stemming from the regulation on the integration of land use , land use change and forestry , as well as the eu timber regulation .


### an economic activity should not be considered environmentally sustainable if it causes more harm to the environment than the benefits it brings . the technical screening criteria should identify the minimum requirements necessary to avoid a significant harm to other objectives . when establishing and updating the technical screening criteria , the commission should ensure that those criteria are based on available scientific evidence and are updated regularly . where scientific evaluation does not allow for the risk to be determined with sufficient certainty , the precautionary principle should apply , in line with article 191 tfeu . ### an economic activity should not be considered environmentally sustainable if it causes more harm to the environment than the benefits it brings and it should also not significantly harm any of the other environmental objectives . the technical screening criteria based on harmonised indicators should identify the minimum requirements necessary to avoid a significant harm to other objectives and the assessment of the negative impact . when establishing and updating the technical screening criteria and harmonised indicators , the commission should ensure that those criteria and indicators are based on available scientific evidence and are updated regularly . where scientific evaluation does not allow for the risk to be determined with sufficient certainty , the precautionary principle should apply , in line with article 191 tfeu .


### producing clean and efficient fuels from renewable or carbon - neutral sources . ### producing low - carbon , clean and efficient fuels from renewable or carbon - neutral sources ;


### cover all relevant economic activities within a specific sector and ensure that those activities are treated equally if they contribute equally towards one or more environmental objectives , to avoid distorting competition in the market ; ### cover all relevant economic activities within an economic macro sector and ensure that those activities are treated equally in terms of their sustainability risks and if they contribute equally towards one or more environmental objectives while not significantly harming other environmental objectives referred to in articles 3 and 12 , to avoid distorting competition in the market ;


### given the specific technical details needed to assess the environmental impact of an economic activity and the fast - changing nature of both science and technology , the criteria of environmentally sustainable economic activities should be adapted regularly to those changes . for the criteria to be up to date , based on scientific evidence and input from experts as well as relevant stakeholders , the conditions for substantial contribution and significant harm should be specified with more granularity for different economic activities and should be updated regularly . to that purpose , granular and calibrated technical screening criteria for the different economic activities should be laid down by the commission , on the basis of the technical input of a multi - stakeholders platform on sustainable finance . ### given the specific technical details needed to assess the environmental impact of an economic activity and the fast - changing nature of both science and technology , the criteria relevant for determining the degree of environmental sustainability of economic activities should be adapted regularly to those changes . for the criteria and indicators to be up to date , based on scientific evidence and input from experts as well as relevant stakeholders , the conditions for substantial contribution and significant harm should be specified with more granularity for different economic activities and should be updated regularly . to that purpose , granular and calibrated technical screening criteria and a set of harmonised indicators for the different economic activities should be laid down by the commission , on the basis of the technical input of a multi - stakeholders platform on sustainable finance .


### offering financial products which pursue environmentally sustainable objectives is an effective way of channelling private investments into sustainable activities . national requirements for marketing as sustainable investments financial products and corporate bonds , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence , to create visibility and to address concerns about “greenwashing” . greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment - friendly , when in fact it does not meet basic environmental standards . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . given the political commitments under the paris agreement and at union level , it is likely that more and more member states will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable . in doing so , member states would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable . if such national requirements are based on different criteria as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria will thus increase costs and create a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria for determining whether an economic activity is environmentally sustainable should therefore be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation economic operators will find it easier to raise funding for their green activities across borders , as their economic activities can be compared against uniform criteria in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union . ### offering financial products which pursue environmentally and economically sustainable objectives is an effective way of gradually channelling private investments into sustainable activities . national requirements for marketing as sustainable investments financial products and corporate bonds , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence , to create visibility and to address concerns about “greenwashing” . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . if such national requirements are based on different criteria as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria will thus increase costs and create a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria for determining whether an economic activity is environmentally and economically sustainable should therefore gradually be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation economic operators will find it easier to raise funding for their green activities across borders , as their economic activities can be compared against uniform criteria in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union .


### establishing criteria for environmentally sustainable economic activities may encourage firms to disclose on their websites , on a voluntary basis , information on the environmentally sustainable economic activities they carry out . this information will not only help relevant actors in the financial markets to easily identify which firms carry out environmentally sustainable economic activities , but it will also facilitate for these firms to raise funding for their green activities . ### the information on the environmental impact of activities will help relevant actors in the financial markets to easily identify the degree of environmental sustainability of the economic activities carried out by firms , but it will also facilitate for firms to raise funding .


### avoiding and cleaning - up of litter and other pollution caused by improper waste management ; ### avoiding , reducing and cleaning - up of litter and other pollution caused by improper waste management ;


### use of the criteria for environmentally sustainable economic activities ### application of and compliance with the criteria for determining the degree of environmental sustainability


### take into account the environmental impacts of the economic activity itself , as well as of the products and services provided by that economic activity , notably by considering their production , use and end - of - life ; ### take into account the environmental impacts of the economic activity itself , as well as of the products and services provided by that economic activity , notably by considering the entire life cycle , including production , use , end - of - life and recycling ;


### the commission shall establish the technical screening criteria referred to in paragraph 2 in one delegated act , taking into account the requirements laid down in article 14 . ### the commission shall establish the technical screening criteria based on indicators referred to in paragraph 2 in one delegated act , taking into account the requirements laid down in article 14 .


### analyse the impact of the technical screening criteria in terms of potential costs and benefits of their application ; ### analyse the impact of the technical screening criteria based on indicators in terms of potential costs and benefits of their application ;


### the technical screening criteria referred to in paragraph 1 shall also include criteria for activities related to the clean energy transition , in particular energy efficiency and renewable energy , to the extent that those are substantially contributing to any of the environmental objectives . ### the technical screening criteria referred to in paragraph 1 shall also include criteria based on indicators for activities related to the clean energy transition , in particular energy efficiency and renewable energy , to the extent that those are substantially contributing to any of the environmental objectives .


### the economic activity does not significantly harm any of the environmental objectives set out in article 5 in accordance with article 12 ; ### the economic activity does not or will not significantly harm any of the environmental objectives set out in article 5 in accordance with article 12 ;


### to avoid distorting competition when raising financing for environmentally sustainable economic activities , the technical screening criteria should ensure that all relevant economic activities within a specific sector can qualify as environmentally sustainable and are treated equally if they contribute equally towards one or more of the environmental objectives laid out in this regulation . the potential capacity to contribute towards those environmental objectives may however vary across sectors , which should be reflected in the criteria . however , within each sector , those criteria should not unfairly disadvantage certain economic activities over others if the former contribute towards the environmental objectives to the same extent as the latter . ### to encourage environmentally sustainable innovation and to avoid distorting competition when raising financing for environmentally sustainable economic activities , the technical screening criteria should ensure that relevant economic activities within major economic sectors , including among others agriculture , construction , energy , transportation and production , can qualify as environmentally sustainable and are treated equally if they contribute equally towards one or more of the environmental objectives laid out in this regulation . the potential capacity to contribute towards those environmental objectives may however vary across sectors , which should be reflected in the criteria . however , within each sector , those criteria should not unfairly disadvantage certain economic activities over others if the former contribute towards the environmental objectives to the same extent as the latter .


### it is of particular importance that the commission when preparing the development of the technical screening criteria , carry out appropriate consultations in line with better regulation requirements . the process for the establishment and the update of the technical screening criteria should also involve relevant stakeholders and build on the advice of experts with proven knowledge and experience in the relevant areas . for that purpose , the commission should set up a platform on sustainable finance . this platform should be composed of experts representing both the public and the private sector . public sector representatives should include experts from the european environmental agency , the european supervisory authorities and the european investment bank . private sector experts should include representatives of relevant stakeholders , including financial market actors , universities , research institutes , associations and organisations . the platform should advise the commission on the development , analysis and review of technical screening criteria , including their potential impact on the valuation of assets that until the adoption of the technical screening criteria were considered as green assets under existing market practices . the platform should also advise the commission on whether the technical screening criteria are suitable for further uses in future union policy initiatives aimed at facilitating sustainable investment . ### it is of particular importance that the commission when preparing the development of the technical screening criteria , carry out appropriate consultations in line with better regulation requirements . the process for the establishment and the update of the technical screening criteria and the harmonised indicators should also involve relevant stakeholders and build on scientific evidence , best practice and the advice of experts with proven knowledge and experience in the relevant areas . for that purpose , the commission should set up a platform on sustainable finance . this platform should be composed of experts representing both the public and the private sector . public sector representatives should include experts from the european environmental agency , the european supervisory authorities and the european investment bank . private sector experts should include representatives of relevant stakeholders , including financial market actors , universities , research institutes , associations and organisations . the platform should advise the commission on the development , analysis and review of technical screening criteria and the harmonised indicators , including their potential impact on the valuation of assets that until the adoption of the technical screening criteria based on harmonised indicators were considered as sustainable assets or assets having a negative environmental impact under existing market practices . the platform should also advise the commission on whether the technical screening criteria and indicators are suitable for further uses in future union policy initiatives aimed at facilitating sustainable investment .


### switching to use of renewable materials ; ### switching to or increasing the use of renewable materials substituting especially fossile based materials ;


### healthy ecosystems , where that activity is detrimental to a significant extent to the good condition of ecosystems . ### healthy ecosystems , where that activity is detrimental to a significant extent to the good condition and resilience of ecosystems , including biodiversity and direct and indirect land use .


### member states shall apply the criteria for determining environmentally sustainable economic activities set out in article 3 for the purposes of any measures setting out requirements on market actors in respect of financial products or corporate bonds that are marketed as ' environmentally sustainable ' . ### member states and the union shall apply the criteria for determining the degree of environmental sustainability of economic activities set out in article 3 and 3a for the purposes of any measures setting out sustainability requirements on market actors in respect of financial products or corporate bonds


### climate change mitigation , where that activity leads to significant greenhouse gas emissions ; ### climate change mitigation , where that activity leads to significant greenhouse gas emissions to an extent outweighing their contribution to an environmental objective ;


### for the purposes of determining whether an economic activity is environmentally sustainable , an exhaustive list of environmental objectives should be laid down . ### for the purposes of determining whether an economic activity is environmentally sustainable , an exhaustive list of environmental objectives should be laid down , ensuring coherence with existing union legislation , such as the clean energy package .


### climate change mitigation , where that activity leads to significant greenhouse gas emissions ; ### human impact on climate change , where that activity leads to significant greenhouse gas emissions ;


### the power to adopt delegated acts referred to in articles 4 , 6 , 7 , 8 , 9 , 10 and 11 shall be conferred on the commission for an indeterminate period from [ date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in articles 4 , 6 , 7 , 8 , 9 , 10 and 11 shall be conferred on the commission for an indeterminate period from [ date of entry into force of this regulation ] . the power to adopt delegated acts shall not limit national competence or undermine the principle of subsidiarity , especially in relation to national application of the adopted text of the ministerial conference on the protection of forests in europe .


### establishing criteria for environmentally sustainable economic activities may encourage firms to disclose on their websites , on a voluntary basis , information on the environmentally sustainable economic activities they carry out . this information will not only help relevant actors in the financial markets to easily identify which firms carry out environmentally sustainable economic activities , but it will also facilitate for these firms to raise funding for their green activities . ### the information on the environmental impact of activities will help relevant actors in the financial markets to easily identify the degree of environmental sustainability of the economic activities carried out by firms , but it will also facilitate for firms to raise funding .


### reducing the content of hazardous substances in materials and products ; ### reducing and controlling the content of hazardous substances in materials and products ;


### circular economy and waste prevention and recycling , where that activity leads to significant inefficiencies in the use of materials in one or more stages of the life - cycle of products , including in terms of durability , reparability , upgradability , reusability or recyclability of products ; or where that activity leads to a significant increase in the generation , incineration or disposal of waste ; ### circular economy and waste prevention and recycling , where that activity leads to significant inefficiencies in the use of materials and resources , such as non - renewable energy , raw materials , water and land , directly or indirectly in different stages of the life - cycle of products including inefficiencies related to features designed to limit the lifetime of products and including in terms of durability , reparability , upgradability , reusability or recyclability of products ; or where that activity leads to a significant increase in the generation , incineration or disposal of waste emissions ;


### monitor and report regularly to the commission on capital flows towards sustainable investment ; ### monitor and report regularly to the commission and publicise the information on the shift of capital flows from activities having a negative impact on environmental sustainability towards sustainable investment ;


### it is of particular importance that the commission when preparing the development of the technical screening criteria , carry out appropriate consultations in line with better regulation requirements . the process for the establishment and the update of the technical screening criteria should also involve relevant stakeholders and build on the advice of experts with proven knowledge and experience in the relevant areas . for that purpose , the commission should set up a platform on sustainable finance . this platform should be composed of experts representing both the public and the private sector . public sector representatives should include experts from the european environmental agency , the european supervisory authorities and the european investment bank . private sector experts should include representatives of relevant stakeholders , including financial market actors , universities , research institutes , associations and organisations . the platform should advise the commission on the development , analysis and review of technical screening criteria , including their potential impact on the valuation of assets that until the adoption of the technical screening criteria were considered as green assets under existing market practices . the platform should also advise the commission on whether the technical screening criteria are suitable for further uses in future union policy initiatives aimed at facilitating sustainable investment . ### it is of particular importance that the commission when preparing the development of the technical screening criteria , carry out appropriate consultations in line with better regulation requirements . the process for the establishment and the update of the technical screening criteria and the harmonised indicators should also involve relevant stakeholders and build on scientific evidence , best practice and existing work and entities , notably , the european commission circular economy platform , and the advice of experts with proven knowledge and experience in the relevant areas . for that purpose , the commission should set up a platform on sustainable finance . this platform should be composed of experts representing both the public and the private sector . public sector representatives should include experts from the european environment agency and national environment protection agencies , the european supervisory authorities , the european financial reporting advisory group , and the european investment bank . private sector experts should include representatives of relevant stakeholders , including financial market actors , universities , research institutes , associations and organisations . the platform should advise the commission on the development , analysis and review of technical screening criteria and the harmonised indicators , including their potential impact on the valuation of assets that until the adoption of the technical screening criteria based on harmonised indicators were considered as sustainable assets or assets having a negative environmental impact under existing market practices . the platform should also advise the commission on whether the technical screening criteria and indicators are suitable for further uses in future union policy initiatives aimed at facilitating sustainable investment . the platform should advise the commission on the development of sustainability accounting standards and integrated reporting standards for corporates and financial market participants , including through the revision of directive 2013 / 34 / eu .


### 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 regarding the degree of environmental sustainability of economic activities , national requirements that market actors should comply with when they wish to market financial products or corporate bonds as defined in this regulation as being environmentally sustainable , should build on the uniform criteria for environmentally sustainable economic activities . those market actors include financial market participants offering sustainable financial products or services and non - financial companies issuing sustainable corporate bonds .


### for the purposes of determining whether an economic activity is environmentally sustainable , an exhaustive list of environmental objectives should be laid down . ### for the purposes of determining the degree of environmental sustainability of an economic activity , an exhaustive list of environmental objectives based on indicators measuring the environmental impact should be laid down .


### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . ### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making and provide an impact assessment of the proposed policy options ;


### offering financial products which pursue environmentally sustainable objectives is an effective way of channelling private investments into sustainable activities . national requirements for marketing as sustainable investments financial products and corporate bonds , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence , to create visibility and to address concerns about “greenwashing” . greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment - friendly , when in fact it does not meet basic environmental standards . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . given the political commitments under the paris agreement and at union level , it is likely that more and more member states will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable . in doing so , member states would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable . if such national requirements are based on different criteria as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria will thus increase costs and create a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria for determining whether an economic activity is environmentally sustainable should therefore be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation economic operators will find it easier to raise funding for their green activities across borders , as their economic activities can be compared against uniform criteria in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union . ### offering financial products and services which pursue environmentally sustainable objectives is an effective way of shifting private investments from activities with negative environmental impact into more sustainable activities . national requirements for marketing as sustainable investments financial products , services and corporate bonds , as defined in this regulation , in particular requirements set out to allow the relevant market actors to use a national label , aim to enhance investor confidence and awareness of risks , to create visibility and to address concerns about “greenwashing” . greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment - friendly , when in fact it does not meet basic environmental standards . currently a few member states have in place labelling schemes . they build on different taxonomies classifying environmentally sustainable economic activities . given the political commitments under the paris agreement and at union level , it is likely that more and more member states will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable . in doing so , member states would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable . if such national requirements are based on different criteria and indicators as to which economic activities qualify as environmentally sustainable , investors will be discouraged from investing across borders , due to difficulties in comparing the different investment opportunities . in addition , economic operators wishing to attract investment from across the union would have to meet different criteria in the various member states in order for their activities to qualify as environmentally sustainable for the purposes of the different labels . the absence of uniform criteria and indicators will direct investments in an environmentally ineffective , and in some cases counterproductive , manner and lead to unmet environmental and sustainability targets . that absence thus increases costs and creates a significant disincentive for economic operators , amounting to an impediment to access cross - border capital markets for sustainable investments . the barriers to access to cross - border capital markets for the purposes of raising funds for sustainable projects are expected to grow further . the criteria and indicators for determining the degree of sustainability of an economic activity should therefore be harmonised at union level , in order to remove obstacles to the functioning of the internal market and prevent their future emergence . with such harmonisation of information , of metrics and of criteria , economic operators will find it easier to raise funding for their environmentally sustainable activities across borders , as their economic activities can be compared against uniform criteria and indicators in order to be selected as underlying assets for environmentally sustainable investments . it will therefore facilitate attracting investment across borders within the union .


### reducing the content of hazardous substances in materials and products ; ### reducing the content of hazardous substances in materials and products , in line with the harmonised legal requirements laid down at union level , wherever it is technically feasible ;


### supplement paragraph 1 to establish technical screening criteria for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to the protection of healthy ecosystems ; ### supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to the protection of biodiversity and healthy ecosystems or restoration of degraded ecosystems ;


### take into account the environmental impacts of the economic activity itself , as well as of the products and services provided by that economic activity , notably by considering their production , use and end - of - life ; ### take into account the environmental impacts of the economic activity itself , as well as of the products and services provided by that economic activity , notably by considering their entire value chain and life - cycle , including production , use , recycling and end - of - life ;


### this regulation establishes the criteria for determining whether an economic activity is environmentally sustainable for the purposes of establishing the degree of environmental sustainability of an investment . ### this regulation establishes the criteria for determining the degree of environmental impact and sustainability of an economic activity and thereby whether an economic activity is environmentally sustainable for the purposes of establishing the degree of environmental sustainability of an investment made within or outside the union .


### given the specific technical details needed to assess the environmental impact of an economic activity and the fast - changing nature of both science and technology , the criteria of environmentally sustainable economic activities should be adapted regularly to those changes . for the criteria to be up to date , based on scientific evidence and input from experts as well as relevant stakeholders , the conditions for substantial contribution and significant harm should be specified with more granularity for different economic activities and should be updated regularly . to that purpose , granular and calibrated technical screening criteria for the different economic activities should be laid down by the commission , on the basis of the technical input of a multi - stakeholders platform on sustainable finance . ### given the specific technical details needed to assess the environmental impact of an economic activity and the fast - changing nature of both science and technology , the criteria relevant for determining the degree of environmental sustainability of economic activities should be adapted regularly to those changes . for the criteria and indicators to be up to date , based on scientific evidence and input from experts as well as relevant stakeholders , the conditions for substantial contribution and significant harm should be specified with more granularity for different economic activities and should be updated regularly . to that purpose , granular and calibrated technical screening criteria and a set of harmonised indicators for the different economic activities should be laid down by the commission , on the basis of the technical input of a multi - stakeholders platform on sustainable finance .


### financial market participants offering financial products as environmentally sustainable investments , or as investments having similar characteristics , shall disclose information on how and to what extent the criteria for environmentally sustainable economic activities set out in article 3 are used to determine the environmental sustainability of the investment . where financial market participants consider that an economic activity which does not comply with the technical screening criteria set out in accordance with this regulation or for which those technical screening criteria have not been established yet , should be considered environmentally sustainable , they may inform the commission . ### financial market participants offering financial products shall disclose information on whether the products they offer qualify as environmentally sustainable investments pursuant to the criteria of article 3 or as investments having a negative environmental impact pursuant to the criteria set out in article 3a . where financial market participants consider that an economic activity for which technical screening criteria have not been established yet , should be considered environmentally sustainable , they shall inform the commission . financial market participants shall not offer financial products as environmentally sustainable investments , or as investments having similar characteristics , if those products do not qualify as environmentally sustainable .


### the formulation of a stable , long - term , common strategic agenda in the area of water provision and food systems ; ### the formulation of a long - term , common strategic agenda in the area of systems for the management , production and supply of water and agri - food products ;


### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream . ### the general objective of prima is to build research and development capacities and develop common innovative agri - food and water - management solutions for water and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving water - scarcity , food - security , nutrition , health , well - being and migration problems upstream .


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , the waste actively and passively collected by fishing vessels shall be exempt from the application of the direct fee regime provided for in this directive . the indirect fee to be charged shall cover all the costs of port reception facilities for this waste in order to ensure a right of delivery without any additional direct charges . further measures may be established and financed at national and regional level to reduce costs and to provide incentives for fishermen to actively and passively collect waste ; in order to avoid the costs of collection in port reception facilities and subsequent treatment of passively fished waste being borne by port users , member states shall cover those costs entirely from the revenues generated by alternative income sources listed in annex 4 ;


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


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


### the ‘ green ship’ concept should be further developed in relation to waste management , so that an effective reward system can be implemented for those vessels that reduce their waste on board . ### voluntary application of reduced fees for vessels that demonstrate good waste management practices beyond the required standards which result in the generation of reduced quantities of waste , should be welcomed .


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


### if the next port of call is located outside the union , or there are good reasons to believe that adequate facilities are not available in the next port of call , or this port is unknown , the member state shall require the ship to deliver all its waste before departure . ### if , on the basis of the available information , including information electronically available in the information , monitoring and enforcement system referred to in article 14 of this directive or in gsis , it cannot be established that adequate facilities are available in the next port of call , or this port is unknown , the member state shall require the ship to deliver , before departure , all waste that cannot be adequately received and handled at the next port of call .


### this requirement shall not apply in small unmanned ports or in remotely located ports , provided that the member state where such a port is located has reported this information electronically in the part of the information , monitoring and enforcement system referred to in article 14 of this directive . ### this requirement shall not apply in small ports with unmanned facilities or in ports that are remotely located , provided that the member state where such a port is located has reported this information electronically in the part of the information , monitoring and enforcement system referred to in article 14 of this directive .


### this requirement shall not apply in small unmanned ports or in remotely located ports , provided that the member state where such a port is located has reported this information electronically in the part of the information , monitoring and enforcement system referred to in article 14 of this directive . ### this requirement shall not apply in small ports with unmanned facilities or that are remotely located , provided that the member state where such a port is located has reported this information electronically in the part of the information , monitoring and enforcement system referred to in article 14 of this directive .


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


### ‘ sufficient storage capacity’ means enough capacity to store the waste on board from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ; ### ‘ sufficient storage capacity’ means enough designated capacity to store each type of waste on board from the moment of departure until the next port of call , including the waste that is likely to be generated during the voyage ;


### ‘ port’ means a place or a geographical area made up of such improvement works and equipment as to permit the reception of ships , including the anchorage area within the jurisdiction of the port ; ### ‘ port’ means a place or a geographical area made up of such improvement works and equipment as to permit principally the reception of ships , including the anchorage area within the jurisdiction of the port ;


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , other than cargo residues including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; the indirect fee shall cover quantities normally delivered with respect to the category , type and size of the ship ;


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , covering quantities normally delivered in order to ensure a right of delivery without any additional direct charges ;


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the fees shall be reduced on the following basis , if : the ship is engaged in short sea shipping trade the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management ; this should be in line with best practice and imo guidelines .


### the ship only calls at anchorage for less than 24 hours or under adverse weather conditions ; ### the ship only calls at anchorage at a port of call for trading purposes for less than 24 hours , under adverse weather conditions or while waiting to be chartered ;


### member states shall ensure that the following information from the waste reception and handling plans on the availability of adequate reception facilities in their ports and the associated costs shall be clearly communicated to the ship operators and made publicly available either via the website of the ports or in printed form : ### member states shall ensure that the following information from the waste reception and handling plans on the availability of adequate reception facilities in their ports and the structure of the costs shall be clearly communicated to the ship operators and made publicly available and easily accessible , preferably in english :


### the arrangement under point is evidenced by a signed contract with a port or waste contractor , waste delivery receipts and confirmation that the arrangement has been accepted by all ports on the ship’s route . the arrangement for delivery and payment of the fee shall be made in a port located in the union in order to constitute sufficient evidence in accordance with this paragraph . ### the arrangement under point is evidenced by a signed contract with a port or waste contractor , waste delivery receipts and confirmation that the arrangement has been notified to all ports on the ship’s route . the arrangement for delivery and payment of the fee shall be made in a port located in the union in order to constitute sufficient evidence in accordance with this paragraph or in another port if it can be established based on the information reported electronically into the information , monitoring and enforcement system referred to in article 14 and in gisis that adequate facilities are available in the port with which the arrangement under point has been made .


### to address the problem of marine litter effectively , it is fundamental to provide the right level of incentives for the delivery of waste to port reception facilities , in particular garbage . this can be achieved through a cost recovery system , which requires the application of an indirect fee , which is due irrespective of the delivery of waste and which should give a right of delivery of the waste without any additional direct charges . the fishing and recreational sector , given their contribution to the occurrence of marine litter , should also be included in this system . ### to address the problem of marine litter effectively , it is fundamental to provide the right level of incentives for the delivery of waste to port reception facilities , in particular garbage . this can be achieved through a cost recovery system , which requires the application of an indirect fee , which is due irrespective of the delivery of waste and which should give a right of delivery of the waste without any additional direct charges . however , if a vessel delivers an exceptionally large volume of the types of waste included in annex v to the marpol convention and that volume exceeds the volume put down in the reception and handling plan , an additional direct fee may be charged in order to ensure that the costs related to receiving that waste do not cause a disproportionate burden on a port ' s cost recovery system . the fishing and recreational sector , given their contribution to the occurrence of marine litter , should also be included in this system .


### in order to take account of developments at international level , and to promote environmentally sound waste management practices on board , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of amending this directive to update the references to international instruments and the annexes and to change references to international instruments , in order to prevent , if necessary , changes to those international instruments from applying for the purposes of this directive , and to develop common criteria for recognising ' green ships ' for the purpose of granting a reduced waste fee to those ships . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council . ### in order to take account of developments at international level , and to promote environmentally sound waste management practices on board , the commission should encourage the exchange of good practices on the development of bottom - up schemes which evaluate ' green ships ' for the purpose of granting a reduced waste fee to those ships .


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


### the information referred to in paragraph 1 shall be reported electronically in the part of the information , monitoring and enforcement system , referred to in article 14 of this directive , in accordance with directive 2010 / 65 / eu and directive 2002 / 59 / ec . ### the information referred to in paragraph 1 shall be reported electronically in the part of the information , monitoring and enforcement system , referred to in article 14 of this directive , in accordance with directive 2010 / 65 / eu and directive 2002 / 59 / ec and be made available to relevant stakeholders including the operators of port reception facilities .


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


### member states shall adopt and publish , by 31st of december 2020 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish , by 31st of december 2020 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . the obligations under article 4 , the last subparagraph of article 5 , article 6 , article 7 and article 9 shall be applied in keeping with the implementation of the revised directive 2010 / 65 / eu .


### 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 or more neighbouring ports in the same geographical region , with the appropriate involvement of each port , provided that the need for and availability of , reception facilities are specified for each port .


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


### upon delivery , the waste operator or the authority of the port where the waste was delivered shall accurately complete the form in annex 3 and issue the receipt to the ship . ### upon delivery , the waste operator or the authority of the port where the waste was delivered shall accurately complete the form in annex 3 and issue the waste receipt to the ship without undue delay .


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


### the operator , agent or master of a ship , falling within the scope of directive 2002 / 59 / ec , shall before departure , electronically report the information from the waste receipt in the part of the information , monitoring and enforcement system referred to in article 14 of this directive , in accordance with directive 2010 / 65 / eu and directive 2002 / 59 / ec . ### the operator , agent or master of a ship , falling within the scope of directive 2002 / 59 / ec , shall before departure , or as soon as practicable after receiving it , electronically report the information from the waste receipt in the part of the information , monitoring and enforcement system referred to in article 14 of this directive , in accordance with directive 2010 / 65 / eu and directive 2002 / 59 / ec .


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


### upon delivery , the waste operator or the authority of the port where the waste was delivered shall accurately complete the form in annex 3 and issue the receipt to the ship . ### except in the case of pleasure crafts less than 24 metres in length , the waste operator or the authority of the port where the waste was delivered shall accurately complete the form in annex 3 and issue the receipt to the ship .


### where the goods for which the mutual recognition declaration is being supplied are also subject to a union act requiring an eu declaration of conformity , the mutual recognition declaration may be included as part of that eu declaration of conformity . ### where the goods for which the lawful marketing declaration regarding mutual recognition is being supplied are also subject to a union act requiring an eu declaration of conformity , the mutual recognition declaration may be attached to the eu declaration of conformity .


### this article applies if an economic operator affected by an administrative decision has submitted the decision to the internal market problem solving network and , during the solvit procedure , the home centre asks the commission to give an opinion to assist in solving the case . ### this article applies if an economic operator affected by an administrative decision has submitted the decision to the internal market problem solving network and , during the solvit procedure , the home centre or the lead centre asks the commission to give an opinion to assist in solving the case .


### any other information the competent authority considers useful for the purposes of its assessment . ### any other information the competent authority considers necessary for the purposes of its assessment .


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


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


### however , where the solvit ' s informal approach fails , and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of the solvit centre . the commission ' s intervention should be subject to a reasonable time - limit , in compliance with the european code of good administrative behaviour . ### however , where the solvit ' s informal approach fails , and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle , the commission should provide an assessment that the competent national authorities shall take into account at the request of the solvit centre . the commission ' s opinion should include a reasonable time - limit for the adoption of the recommended measures , in compliance with the european code of good administrative behaviour .


### where necessary to complement the information provided online under paragraph 2 , product contact points shall provide , at the request of an economic operator or a competent authority of another member state , any useful information , such as an electronic copy of or an electronic link to the national technical rules applicable to specific goods or a specific type of goods in the territory in which the product contact point is established and information as whether that the goods or goods of that type are subject to a requirement for prior authorisation under national law . ### where necessary to complement the information provided online under paragraph 2 , product contact points shall provide , at the request of an economic operator or a competent authority of another member state , any useful information , such as an electronic copy of or an electronic link to the national technical rules and national administrative procedures applicable to specific goods or a specific type of goods in the territory in which the product contact point is established and information as whether that the goods or goods of that type are subject to a requirement for prior authorisation under national law .


### this regulation applies to goods of any type , including agricultural products , and to administrative decisions taken or to be taken by a competent authority of a member state in relation to any such goods lawfully marketed in another member state , where the decision meets the following criteria : ### this regulation applies to goods of any type , including agricultural products , and to administrative decisions taken or to be taken by a competent authority of a member state in relation to any such goods lawfully marketed in another member state , where the decision meets both of the following criteria :


### the internal market comprises an area without internal frontiers in which the free movement of goods is ensured in accordance with the provisions of the treaties . quantitative restrictions on imports and all measures having equivalent effect are prohibited between member states . that prohibition covers any national measure which is capable of hindering , directly or indirectly , actually or potentially , intra - union trade in goods . free movement of goods is ensured in the internal market by harmonisation of rules at union level setting common requirements for the marketing of certain goods or , for goods or aspects of goods not covered by union harmonisation rules , by the application of the principle of mutual recognition . ### the internal market comprises an area without internal frontiers in which the free movement of goods is ensured in accordance with the provisions of the treaties . quantitative restrictions on imports and all measures having equivalent effect are prohibited between member states . that prohibition covers any national measure which is capable of hindering , directly or indirectly , actually or potentially , intra - union trade in goods . free movement of goods is ensured in the internal market by harmonisation of rules at union level setting common requirements for the marketing of certain goods or , for goods or aspects of goods not fully covered by union harmonisation rules , by the application of the principle of mutual recognition .


### the commission ' s opinion shall be considered during the solvit procedure referred to in paragraph 1 . ### the commission ' s opinion shall be communicated to all parties involved in the case as well as to the member states’ competent authorities responsible for market control activities by means of the system referred to in article 11 . the opinion shall be taken into account during the solvit procedure referred to in paragraph 1 .


### however , where the solvit ' s informal approach fails , and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of the solvit centre . the commission ' s intervention should be subject to a reasonable time - limit , in compliance with the european code of good administrative behaviour . ### however , where the solvit ' s informal approach fails , and doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of the solvit centre . for the purposes of collecting additional information or documents necessary for completing its assessment , the commission should inform the relevant solvit centres about its communications with the economic operator or competent authority concerned . the commission ' s intervention should be subject to a reasonable time - limit , in compliance with the european code of good administrative behaviour .


### the making available of the goods , or goods of that type , on the domestic market in that member state is generally prohibited in that member state on grounds of public morality or public security . ### the making available of the goods , or goods of that type , on the market in that member state is generally prohibited in that member state on grounds of public morality or public security .


### any relevant information on the lawful marketing of the goods in another member state ; ### relevant information on the lawful marketing of the goods in another member state ;


### obstacles to the free movement of goods between member states may be unlawfully created if , in the absence of union harmonisation rules covering goods or a certain aspect of goods , a member state ' s competent authority applies national rules to goods of that type lawfully marketed in another member state , requiring the goods to meet certain technical requirements , for example requirements relating to designation , form , size , weight , composition , presentation , labelling or packaging . the application of such rules to goods lawfully marketed in another member state could be contrary to articles 34 and 36 of the treaty even if the rules apply without distinction to all goods . ### obstacles to the free movement of goods between member states may be unlawfully created if , in the absence of union harmonisation rules covering goods or a certain aspect of goods , a member state ' s competent authority applies national rules to goods of that type lawfully marketed in another member state , requiring the goods to meet certain technical requirements , for example requirements relating to designation , form , size , weight , composition , presentation , labelling or packaging , request for additional testing and / or duplication of tests . the application of such rules to goods lawfully marketed in another member state could be contrary to articles 34 and 36 of the treaty even if the rules apply without distinction to all goods .


### within the mutual recognition declaration , the specific information related to the marketing of the goods or type of goods may , however , be filled in by any economic operator . ### alternatively , the mutual recognition declaration or the specific information of that declaration related to the marketing of the goods or type of goods may be filled in by any economic operator , provided that the relevant signatory can supply the evidence supporting the information of that declaration .


### the evidence demonstrating that the decision is appropriate for the purpose of achieving the objective pursued and that it does not go beyond what is necessary in order to attain that objective . ### the evidence demonstrating that the decision is appropriate for the purpose of achieving the objective pursued and that it does not go beyond what is necessary in order to attain that objective , or if appropriate , the reminder of the demonstration of the proportionality of the national rule on which the administrative decision is based .


### ' prior authorisation ' means an administrative procedure under the law of a member state whereby the competent authority of that member state is required , on the basis of an application by an economic operator , to give its formal approval before goods may be made available on the domestic market in that member state ; ### ' prior authorisation ' means an administrative procedure under the law of a member state whereby the competent authority of that member state is required , on the basis of an application by an economic operator , to give its formal approval before goods may be made available on the market in that member state ;


### the evidence required to demonstrate that goods are lawfully marketed in another member state varies significantly from member state to member state . this causes unnecessary burdens delays and additional costs for economic operators , while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner . this may inhibit application of the mutual recognition principle . it is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another member state . economic operators should be able to benefit from a process of self - declaration , which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other member state . the use of the declaration does not prevent national authorities from taking a decision restricting market access , on the condition that such a decision is proportionate and respects the mutual recognition principle and this regulation . ### the evidence required to demonstrate that goods are lawfully marketed in another member state varies significantly from member state to member state . this causes unnecessary burdens delays and additional costs for economic operators , while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner . this may inhibit application of the mutual recognition principle . it is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another member state . economic operators should be able to benefit from a process of self - declaration , which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other member state . the use of the declaration does not prevent national authorities from taking a decision restricting market access , on the condition that such a decision is : a ) proportionate ; b ) duly justified ; c ) the reason for denying market access is fully proven ; d ) it respects the mutual recognition principle and this regulation .


### any relevant information concerning the characteristics of the goods or type of goods in question ; ### relevant information concerning the characteristics of the goods or type of goods in question ;


### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it shall not temporarily suspend the making available of those goods on the domestic market in that member state , except in one or the other of the following situations : ### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it shall not temporarily suspend the making available of those goods on the market in that member state , except in one or the other of the following situations :


### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it shall not temporarily suspend the making available of those goods on the domestic market in that member state , except in one or the other of the following situations : ### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it shall not temporarily suspend the making available of those goods on the domestic market in that member state , except in the situation where under normal or reasonably foreseeable conditions of use , the goods pose a serious risk , including one where the effects are not immediate , which requires rapid intervention by the competent authority .


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