### 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


### 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 shall apply the criteria for determining sustainable 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 ' sustainable ' .


### for the purposes of this regulation , the following shall be environmental objectives : ### for the purposes of this regulation , the following shall be considered to be the environmental objectives :


### climate change mitigation ; ### lessening the human impact on climate change ;


### switching to use of renewable materials ; ### switching to use environmentally sustainable renewable materials based on a full life cycle assessment , which delivers near term greenhouse gas emissions savings ;


### supplement article 12 to establish technical screening criteria , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives . ### supplement article 12 to establish technical screening criteria based on indicators , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria based on indicators are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives .


### substantial contribution to climate change mitigation ### substantial contribution to lessening the human impact on climate change


### an economic activity shall be considered to contribute substantially to climate change mitigation where that activity substantially contributes to the stabilization of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system by avoiding or reducing greenhouse gas emissions or enhancing greenhouse gas removals through any of the following means , including through process or product innovation : ### an economic activity shall be considered to contribute substantially to lessening the human impact on climate change where that activity substantially contributes to the stabilization of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system by avoiding or reducing greenhouse gas emissions or enhancing greenhouse gas removals through any of the following means , including through process or product innovation :


### an economic activity shall be considered to contribute substantially to climate change mitigation where that activity substantially contributes to the stabilization of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system by avoiding or reducing greenhouse gas emissions or enhancing greenhouse gas removals through any of the following means , including through process or product innovation : ### an economic activity , a technology or a service shall be considered to contribute substantially to climate change mitigation where they substantially contribute to the stabilization of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system by avoiding or reducing greenhouse gas emissions or enhancing greenhouse gas removals through any of the following means , including through process or product innovation :


### an economic activity shall be considered to contribute substantially to climate change mitigation where that activity substantially contributes to the stabilization of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system by avoiding or reducing greenhouse gas emissions or enhancing greenhouse gas removals through any of the following means , including through process or product innovation : ### an economic activity shall be considered to contribute to climate change mitigation where that activity substantially contributes to the stabilization of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system by avoiding or reducing greenhouse gas emissions or enhancing greenhouse gas removals through any of the following means , including through process or product innovation :


### generating , storing or using renewable energy or climate - neutral energy , including through using innovative technology with a potential for significant future savings or through necessary reinforcement of the grid ; ### generating , storing or using renewable energy or climate - neutral energy in line with the renewable energy directive , including through using innovative technology with a potential for significant future savings or through necessary reinforcement of the grid ;


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


### phasing out anthropogenic emissions of greenhouse gases , including from fossil fuels ; ### phasing out anthropogenic emissions of greenhouse gases ;


### 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 climate change mitigation ; ### 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 and measurably to climate change mitigation


### 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 climate change adaptation ; ### 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 climate change adaptation ;


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


### preventing or reducing the negative effects that climate change may pose to the natural and built environment within which the economic activity takes place , which shall be assessed and prioritised using available climate projections . ### preventing or reducing the negative effects that climate change may pose to the natural and built environment within which the economic activity takes place , which shall be assessed and prioritised using available studies on the human impact on climate change .


### 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 climate change adaptation ; ### 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 climate change adaptation , taking into account investment already planned which likewise promotes the objective concerned ;


### 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 sustainable use and protection of water and marine resources ; ### 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 sustainable use and protection of water and marine resources ;


### 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 sustainable use and protection of water and marine resources ; ### 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 sustainable use and protection of water and marine resources , taking into account investment already planned which likewise promotes the objective concerned ;


### increasing the recyclability of products , including of individual materials contained in products , inter alia through substitution or reduced use of products and materials that are not recyclable ; ### designing out of waste products and increasing the reusability and recyclability of products , including of individual materials contained in products , inter alia through substitution or reduced use of products and materials that are not recyclable ;


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


### using natural energy resources efficiently . ### using natural energy resources , raw materials , water and land efficiently .


### 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 circular economy and waste prevention and recycling ; ### supplement paragraph 1 to establish technical screening criteria , based on the commission ' s circular economy indicators , for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to the circular economy and waste prevention and recycling ;


### supplement article 12 to establish technical screening criteria , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives . ### supplement article 12 to establish technical screening criteria , based on the commission ' s circular economy indicators , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives .


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


### 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 circular economy and waste prevention and recycling ; ### 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 circular economy and waste prevention and recycling , taking into account investment already planned which likewise promotes the objective concerned ;


### 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 pollution prevention and control ; ### 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 pollution prevention and control ;


### supplement article 12 to establish technical screening criteria , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives . ### supplement article 12 to establish technical screening criteria based on indicators , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives .


### 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 pollution prevention and control ; ### 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 pollution prevention and control , taking into account investment already planned which likewise promotes the objective concerned ;


### substantial contribution to protection of healthy ecosystems ### substantial contribution to protection of biodiversity and healthy ecosystems or to restoration of degraded ecosystems


### 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 ;


### supplement article 12 to establish technical screening criteria , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives . ### supplement article 12 to establish technical screening criteria based on indicators , for each relevant environmental objective , for determining whether an economic activity in respect of which screening criteria based on indicators are established pursuant to point of this paragraph is considered , for the purposes of this regulation , to cause significant harm to one or more of those objectives .


### the minimum safeguards referred to in article 3 shall be procedures implemented by the undertaking that is carrying out an economic activity to ensure that the principles and rights set out in the eight fundamental conventions identified in the international labour organisation’s declaration on fundamental rights and principles at work , namely : the right not to be subjected to forced labour , the freedom of association , workers ' right to organise , the right to collective bargaining , equal remuneration for men and women workers for work of equal value , non - discrimination in opportunity and treatment with respect to employment and occupation , as well as the right not to be subjected to child labour , are observed . ### the minimum safeguards referred to in article 3shall be procedures implemented by the undertaking that is carrying out an economic activity to ensure that the principles and rights set out in the eight fundamental conventions identified in the international labour organisation ' s declaration on fundamental rights and principles at work , namely : the right not to be subjected to forced labour , the freedom of association , workers ' right to organise , the right to collective bargaining , equal remuneration for men and women workers for work of equal value , non - discrimination in opportunity and treatment with respect to employment and occupation , as well as the right not to be subjected to child labour , and the principles and rights set out in the international bill of human rights , the eu charter of fundamental rights , the un declaration on the rights of indigenous peoples , the un convention concerning the protection of the world cultural and natural heritage , the un guiding principles on business and human rights , the oecd guidelines on multinational enterprises , the oecd due diligence guidance for responsible business conduct , the un sendai framework for disaster risk reduction 2015 - 2030 , and convention on biological diversity are observed .


### be based on conclusive scientific evidence and take into account , where relevant , the precautionary principle enshrined in article 191 tfeu ; ### be based on conclusive scientific evidence and adhere to the precautionary principle enshrined in article 191 tfeu ;


### be set as to facilitate the verification of compliance with those criteria whenever possible . ### be set as to facilitate the verification of compliance with those criteria based on indicators whenever possible .


### be qualitative or quantitative , or both , and contain thresholds where possible ; ### be qualitative or quantitative , or both , and contain thresholds or mitigation measures where possible ;


### 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 ;


### advise the commission on the technical screening criteria referred to in article 14 , and the possible need to update those criteria ; ### advise the commission on the technical screening criteria based on indicators referred to in article 14 and the possible need to update those criteria ; in doing so , it shall develop harmonised environmental indicators , drawing on the existing indicators and the work of union ' s entities , notably the circular economy monitoring platform .


### 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 the delegated acts referred to in articles 4 , 6 , 7 , 8 , 9 , 10 and 11 , the commission shall consult experts designated by each member state and assess their impact in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making .


### the progress on the implementation of this regulation with regard to the development of technical screening criteria for environmentally sustainable economic activities ; ### the progress on the implementation of this regulation with regard to the development of technical screening criteria based on indicators for environmentally sustainable economic activities ;


### the possible need to revise the criteria set out in this regulation for considering an economic activity environmentally sustainable ; ### the possible need to revise the criteria and the list of indicators set out in this regulation for considering an economic activity environmentally sustainable ;


### the use of the definition of environmentally sustainable investment in union law , and at member state level , including the appropriateness of setting up verification mechanism of compliance with the criteria set out in this regulation . ### the use of the definition of environmentally sustainable investment and investments with negative environmental impact in union law , and at member state level , including the appropriateness of setting up verification mechanism of compliance with the criteria based on indicators set out in this regulation .


### the report shall be sent to the european parliament and to the council . the commission shall make accompanying proposals where appropriate . ### the report shall be sent to the european parliament and to the council . the commission shall make accompanying legislative proposals if appropriate .


### articles 3 to 13 of this regulation shall apply : ### articles 3 to 13 of this regulation shall apply from 31 december 2022 .


### 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 .


### 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 orientation of all national r&i programmes towards the implementation of the strategic agenda ; ### the orientation of relevant national r&i programmes towards the implementation of the strategic agenda ;


### the structural involvement of all relevant public and private sector actors in implementing the strategic agenda by pooling knowledge and financial resources to achieve the necessary critical mass ; ### the involvement of all relevant public and private sector actors in implementing the strategic agenda by pooling knowledge and financial resources to achieve the necessary critical mass ;


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


### where appropriate , financial contributions to the prima - is in view of funding indirect actions referred to in article 6 ; ### where appropriate , financial or in kind contributions to the prima - is in view of funding indirect actions referred to in article 6 ;


### financial or in kind contributions in implementing activities referred to in article 6 ; and ### financial or in kind contributions in implementing activities referred to in article 6 and ; and


### financial contributions to the administrative budget of the prima - is not covered by the union contribution as set out in article 3 . ### financial or in kind contributions to the administrative budget of the prima - is not covered by the union contribution as set out in article 3 .


### in - kind contributions referred to in point of paragraph 2 of this article shall consist of costs incurred by the participating states through their national funding bodies in implementing activities referred to in article 6 , less any direct or indirect union financial contribution to those costs . ### in - kind contributions referred to in point of paragraph 2 of this article shall consist of costs incurred by the participating states through their national funding bodies in implementing activities referred to in article 6 or pertaining to the administrative budget of the prima - is , less any direct or indirect union financial contribution to those costs .


### contributions referred to in points and of paragraph 2 counting as contributions from participating states shall be made after the entry into force of this decision for the activities included in the first prima annual work plan , and after adoption of the subsequent annual work plans by the prima - is . ### contributions referred to in points and of paragraph 2 counting as contributions from participating states shall be made after the entry into force of this decision for the activities included in the first prima annual work plan , and during the annual time frame of the subsequent annual work plans by the prima - is .


### prima shall support the following activities : ### prima shall support the following activities funded by the participating member states , via their national funding bodies :


### activities funded by the participating states through their national funding bodies without union contribution , addressing increasingly also the higher technology readiness levels and consisting in : ### activities funded by the participating states , without union contribution ;


### prima shall be implemented on the basis of annual work plans , to be adopted by the prima - is , after obtaining approval by the commission , by the end of the previous year . as an exception , the prima annual work plan for 2018 may be adopted by 31 march 2018 . the prima - is shall make the annual work plan publicly available . ### prima shall be implemented on the basis of annual work plans , to be adopted by the prima - is , after obtaining approval by the commission . the prima - is shall forward these plans to the commission by the end of the previous year . as an exception , the prima annual work plan for 2018 must be sent by 31 march 2018 . the prima - is shall make the annual work plan publicly available .


### activities to be funded by the participating states through their national funding bodies without union contribution may only be included in the prima annual work plan following the positive outcome of their external independent evaluation by international peer review with regard to the objectives of prima , as organised by the prima - is . ### activities to be funded by the participating states through their national funding bodies without union contribution may only be included in the prima annual work plan following a positive assessment by the prima - is of their contribution with regard to the objectives of prima ; in the event of doubt , the prima - is may request an external independent peer review .


### activities included in the prima annual work plan that are funded by the participating states through their national funding bodies without union contribution shall be implemented in compliance with common principles to be adopted by the prima - is , after obtaining approval by the commission . the common principles shall take into account the principles set out in this decision , in title vi of regulation no 966 / 2012 and in regulation no 1290 / 2013 , in particular the principles of equal treatment , transparency , independent peer review evaluation and selection . the prima - is shall also adopt , after obtaining approval by the commission , the reporting requirements of the participating states to the prima - is , including with regard to indicators inserted into each of those activities . ### activities included in the prima annual work plan shall be implemented in compliance with common principles to be adopted by the prima - is , after obtaining approval by the commission . the common principles shall take into account the balance between the interests of the northern and southern shores of the mediterranean and the principles set out in this decision , in title vi of regulation no 966 / 2012 and in regulation no 1290 / 2013 , in particular the principles of equal treatment , transparency , independent peer review evaluation and selection . the prima - is shall also adopt , after obtaining approval by the commission , the reporting requirements of the participating states to the prima - is , including with regard to indicators inserted into each of those activities .


### the proposals shall be selected following transnational calls for proposals and through a two - step procedure . step 1 shall consist of a review at national or transnational level of proposals submitted by legal entities eligible for funding under the relevant national programmes . step 2 shall consist of a single independent international peer review organised by the prima - is . under step 2 , the proposals shall be evaluated with the assistance of at least three independent experts , on the basis of the following award criteria : excellence , impact , quality and efficiency of the implementation . ### the proposals shall be selected following transnational calls for proposals . the proposals shall be evaluated with the assistance of at least three independent experts , on the basis of the following award criteria : excellence , impact , quality and efficiency of the implementation .


### proposals shall be ranked according to the evaluation results . the selection shall be made by the prima - is on the basis of this ranking . the participating states shall agree on an adequate funding mode that allows maximising the number of proposals to be funded on the basis of this ranking , in particular by providing reserve amounts to the national contributions for calls for proposals . ### proposals shall be ranked according to the evaluation results . the selection shall be made by the prima - is on the basis of this ranking . the participating states shall agree on an adequate selection mode that allows maximising the number of proposals to be funded on the basis of this ranking , in particular by providing reserve amounts to the national contributions for calls for proposals . in the event that one or more projects cannot be financed owing to a lack of budgetary resources , the following projects may be selected .


### by way of derogation from point of article 9 of regulation no 1290 / 2013 , the minimum number of participants shall be three legal entities established in three different participating states of which : ### by way of derogation from point of article 9 of regulation no 1290 / 2013 , the minimum number of participants shall be three legal entities established in three different countries considered to be participating states in accordance with this decision , before the submission deadline under the relevant call for proposals , of which :


### in implementing prima , the participating states shall take the legislative , regulatory , administrative and other measures necessary for protecting the union’s financial interests , in particular , to ensure full recovery of any amounts due to the union in accordance with regulation no 966 / 2012 and delegated regulation no 1268 / 2012 . ### in implementing prima , the participating states shall take the legislative , regulatory , administrative and other measures necessary for protecting the union’s financial interests , in particular , to ensure full recovery of any amounts due to the union in accordance with regulation no 966 / 2012 and delegated regulation no 1268 / 2012 . no more than eur 200 million may be recovered in this manner . each participating state shall be liable only for the amount of funds received by entities established on their territory and for no more than its total contribution to the prima programme . participating state shall not be liable for funding received by any entity established in countries not participating in prima .


### the management board ; ### the governing board ;


### the prima - is shall be governed by the general assembly , in which all participating states are represented . the general assembly shall be the decision - making body of prima - is . ### the prima - is shall be governed by the steering committee , in which all participating states are represented . the steering committee shall be the decision - making body of prima - is .


### the general assembly shall approve the participation in prima of any third country not associated to horizon 2020 other than those listed in article 1 after examining the relevance of its participation for achieving the objectives of prima . ### the steering committee shall approve the participation in prima of any country neither a member state of union for the mediterranean nor associated to horizon 2020 , after examining the relevance of its participation for achieving the objectives of prima .


### the general assembly shall determine the number of management board members , which shall not be less than five , and shall appoint them . the management board shall supervise the secretariat of the prima - is . ### the steering committee shall determine the number of governing board members , which shall not be less than five , and shall appoint them . the governing board shall supervise the secretariat of the prima - is .


### in spite of these regulatory developments , discharges of waste at sea still occur . this is due to a combination of factors , namely adequate port reception facilities are not always available in ports , enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore . ### in spite of these regulatory developments , discharges of waste at sea still occur . to adhere to the polluter - pays - principle in this context , enforcement of existing regulation should be further improved , also by bettering monitoring of discharges of waste at sea through the use of advanced technologies . however full monitoring will never be achieved and a need to increase incentives to deliver the waste onshore remains .


### directive 2000 / 59 / ec has contributed to increasing volumes of waste being delivered to port reception facilities since its entry into force , and as such has been instrumental in reducing waste discharges at sea , as was revealed in the refit evaluation of the directive . ### under the directive 2000 / 59 / ec , all ships calling at european ports already have to contribute to the costs of port reception facilities irrespective of actual use of facilities . as such , directive 2000 / 59 / ec has contributed to increasing volumes of waste being delivered to port reception facilities since its entry into force , and has been instrumental in reducing waste discharges at sea , as was revealed in the refit evaluation of the directive .


### the refit evaluation has also demonstrated that directive 2000 / 59 / ec has not been fully effective due to inconsistencies with the marpol framework . in addition , member states have developed different interpretations of the key concepts in the directive , such as adequacy of the facilities , advance waste notification and the mandatory delivery of waste to port reception facilities , and exemptions for ships in scheduled traffic . the evaluation called for more harmonisation of those concepts and further alignment with the marpol convention in order to avoid unnecessary administrative burden on both ports and port users . ### the refit evaluation has also demonstrated that directive 2000 / 59 / ec has not been fully effective due to inconsistencies with the marpol framework . in addition , member states have developed different interpretations of the key concepts in the directive , such as adequacy of the facilities , advance waste notification and the mandatory delivery of waste to port reception facilities , and exemptions for ships in scheduled traffic . the evaluation called for more harmonisation of those concepts and further alignment with the marpol convention in order to avoid unnecessary administrative burden on both ports and port users . full alignment of the delivery obligation with the discharge rules laid down in the marpol convention is necessary .


### directive 2008 / 98 / ec lays down the main waste management principles , including the ' polluter pays ' principle and the waste hierarchy , which calls for the reuse and recycling of waste over other forms of waste recovery and disposal and requires the establishment of systems for the separate collection of waste . these obligations also apply to the management of waste from ships . ### directive 2008 / 98 / ec lays down the main waste management principles , including the ' polluter pays ' principle and the waste hierarchy , which calls for the reuse and recycling of waste over other forms of waste recovery and disposal and requires the establishment of systems for the separate collection of waste . furthermore , the extended producer responsibility concept is a guiding principle of union waste law , on the basis of which producers are responsible for the environmental impacts of their products throughout their life - cycle . those obligations also apply to the management of waste from ships .


### separate collection of waste from ships , including derelict fishing gear , is necessary to ensure its further recovery in the downstream waste management chain . garbage is often segregated on board of ships in accordance with international norms and standards and union legislation should ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore . ### separate collection of waste from ships , including derelict fishing gear , is necessary to ensure its further recovery for reuse or recycling in the downstream waste management chain and to prevent it causing damage to marine animals and environments . garbage is often segregated on board of ships in accordance with international norms and standards and union legislation should ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore . member states should encourage separate collection systems that are best suited to the portsʼ characteristics .


### to ensure adequacy of port reception facilities , the development and re - assessment of the waste reception and handling plan is essential , based on consultation of all relevant port users . for practical and organisational reasons , neighbouring ports in the same region may want to develop a joint plan , covering the availability of port reception facilities in each of the ports covered by the plan while providing a common administrative framework . ### to ensure adequacy of port reception facilities , the development and re - assessment of the waste reception and handling plan is essential , based on consultation of all relevant port users . for practical and organisational reasons , neighbouring ports in the same geographical region may want to develop a joint plan , covering the availability of port reception facilities in each of the ports covered by the plan while providing a common administrative framework .


### 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 for the purpose of voluntarily granting a reduced waste fee to those ships .


### this directive aims to protect the marine environment against the negative effects from discharges of waste from ships using ports located in the union , while ensuring the smooth operation of maritime traffic , by improving the availability of adequate port reception facilities and the delivery of waste to those facilities . ### this directive aims to protect the marine environment against the negative effects from discharges of waste from ships using ports located in the union , while ensuring the smooth operation of maritime traffic , by improving the availability and use of adequate port reception facilities and the delivery of waste to those facilities .


### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ; ### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading and cleaning operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol .


### ‘ 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 an area of land and water made up of such infrastructure and equipment so as to permit , principally , the reception of waterborne vessels , their loading and unloading , the storage of goods , the receipt and delivery of those goods and the embarkation and disembarkation of passengers , crew and other persons and any other infrastructure necessary for transport operators within the port area ;


### member states shall take measures to ensure that , where possible , ships , which do not fall within the scope of this directive , deliver their waste in a manner consistent with this directive . ### member states shall take measures to ensure that , in so far as is reasonable and practicable , ships , which do not fall within the scope of this directive , deliver their waste in a manner consistent with this directive .


### 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 .


### description of the cost recovery systems ; and ### description of the cost recovery systems ; including the fees and the basis on which they have been calculated and


### 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 .


### 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 the information that is 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 treated at the next port of call .


### 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 . ### without prejudice to the provisions of the marpol convention , the member state shall require the ship to deliver all its waste before departure if the next port of call is located outside the union and there are good reasons to believe that adequate facilities are not available in the next port of call , or this port is unknown .


### 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 the next port of call is located outside the union , and 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 .


### member states shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships , other than cargo residues , shall be covered through the collection of a fee from ships . those costs include the elements listed in annex 4 . ### member states shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships , other than cargo residues , are covered by a combination of fees collected from ships , revenues from waste management schemes and other funds . those costs and revenues are listed in annex 4 .


### the fees may be differentiated with respect to , inter alia , the category , type and size of the ship and the type of traffic the ship is engaged in , as well as with respect to services provided outside normal operating hours in the port . ### the fees may be differentiated with respect to , inter alia , the category , type and size of the ship , `green ship´ recognition and the type of traffic the ship is engaged in , to the different waste types and categories defined in annex 3 and to the different types of reception depending on the type of the port , as well as with respect to services provided outside normal operating hours in the port .


### in order to ensure that the fees are fair , transparent , non - discriminatory , and that they reflect the costs of the facilities and services made available , and , where appropriate , used , the amount of the fees and the basis on which they have been calculated shall be made available to the port users . ### in order to ensure that the fees are fair , transparent , non - discriminatory , and that they reflect the costs of the facilities and services made available , and , where appropriate , used , the amount of the fees and the basis on which they have been calculated shall be made available in english to the port users in the waste reception and handling plans .


### in order to ensure that the fees are fair , transparent , non - discriminatory , and that they reflect the costs of the facilities and services made available , and , where appropriate , used , the amount of the fees and the basis on which they have been calculated shall be made available to the port users . ### in order to ensure that the fees are fair , transparent , easily identifiable , non - discriminatory , and that they reflect the costs of the facilities and services made available , and , where appropriate , used , the amount of the fees and the basis on which they have been calculated shall be made available to the port users .


### 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 .


### 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 and waste delivery receipts . 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 commission shall ensure that the inspection database makes it possible to retrieve any relevant data reported by the member states for the purpose of monitoring the implementation of the directive . ### the commission shall ensure that the inspection database makes it possible to retrieve any relevant data reported by the member states for the purpose of monitoring the implementation of the directive . the commission shall regularly review the database to monitor the implementation of the directive and call attention to any doubts regarding comprehensive implementation with the aim of instigating corrective action .


### [ insert name of the ship ] [ insert imo number ] [ insert name of the flag state ] is in scheduled traffic with frequent and regular port calls at the following port located in [ insert name of the member state ] according to a schedule or predetermined route : ### [ insert name of the ship ] [ insert imo number ] [ insert name of the flag state ] is in scheduled traffic or fishing trips with frequent and regular port calls at the following port located in [ insert name of the member state ] according to a schedule or predetermined route :


### 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 any measure 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 concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . this concept covers , inter alia , the effectiveness of fiscal supervision , the fairness of commercial transactions , protection of consumers , protection of the environment , the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system . such overriding reasons , where legitimate differences exist from one member state to another , may justify the application of national rules by the competent authorities . however , such decisions need to be duly justified , and the principle of proportionality must always be respected , regard being had to whether the competent authority has in fact made the least restrictive decision possible . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that domestic goods in that member state fulfil that objective . ### the concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . this concept covers , inter alia , the effectiveness of fiscal supervision , the fairness of commercial transactions , protection of consumers , protection of the environment , the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system . such overriding reasons , where legitimate differences are proven by one member state to another , may justify the application of national rules by the competent authorities . however , such decisions need to be duly justified , the existence of the overriding reason has to be properly proven , and the principle of proportionality must always be respected , regard being had to whether the competent authority has in fact made the least restrictive decision possible . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that domestic goods in that member state fulfil that objective . member states shall provide a written assessment .


### the concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . this concept covers , inter alia , the effectiveness of fiscal supervision , the fairness of commercial transactions , protection of consumers , protection of the environment , the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system . such overriding reasons , where legitimate differences exist from one member state to another , may justify the application of national rules by the competent authorities . however , such decisions need to be duly justified , and the principle of proportionality must always be respected , regard being had to whether the competent authority has in fact made the least restrictive decision possible . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that domestic goods in that member state fulfil that objective . ### the concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . this concept covers , inter alia , the effectiveness of fiscal supervision , the fairness of commercial transactions , protection of consumers , protection of the environment , the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system . such overriding reasons , where legitimate differences exist from one member state to another , may justify the application of national rules by the competent authorities . however , such decisions always need to be duly justified and respect the principle of proportionality , and the competent authority must use the least restrictive measures possible . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that domestic goods in that member state fulfil that objective .


### the concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . this concept covers , inter alia , the effectiveness of fiscal supervision , the fairness of commercial transactions , protection of consumers , protection of the environment , the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system . such overriding reasons , where legitimate differences exist from one member state to another , may justify the application of national rules by the competent authorities . however , such decisions need to be duly justified , and the principle of proportionality must always be respected , regard being had to whether the competent authority has in fact made the least restrictive decision possible . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that domestic goods in that member state fulfil that objective . ### the concept of overriding reasons of public interest is an evolving concept developed by the court of justice in its case - law in relation to articles 34 and 36 of the treaty . this concept covers , inter alia , the effectiveness of fiscal supervision , the fairness of commercial transactions , protection of consumers , protection of the environment , the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system . such overriding reasons , where legitimate differences exist from one member state to another , may justify the application of national rules by the competent authorities . however , such decisions need to be duly justified , and the principle of proportionality must always be respected , regard being had to whether the competent authority has in fact made the least restrictive decision possible . furthermore , administrative decisions restricting or denying market access in respect of goods lawfully marketed in another member state must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the member state in a different way from the way that goods in that member state fulfil that objective . in order to assist member states in their task of justifying restrictions to the principle of mutual recognition , the commission should provide guidance on the concept of overriding reasons of public interest and on how to apply the principle of mutual recognition .


### to benefit from the principle of mutual recognition , goods must be lawfully marketed in another member state . it should be clarified that , for goods to be considered as lawfully marketed in another member state , the goods need to comply with the relevant rules applicable in that member state , and to be being made available to end users in that member state . ### to benefit from the principle of mutual recognition , goods must be lawfully marketed in another member state . it should be clarified that , for goods to be considered as lawfully marketed in another member state , the goods need to comply with the relevant rules applicable in that member state , and to be made available to end users in that member state .


### the producer , or the producer ' s representative , should be responsible for filling in the information in the mutual recognition declaration as the producer knows the goods best . however , the information that the goods are being made available to end users in the relevant member state may be in the possession of an importer or a distributor , rather than the actual producer . it should therefore be permissible for another economic operator to fill in this information in place of the producer . ### the producer , or the producer ' s representative , should be responsible for filling in the information in the mutual recognition declaration as the producer knows the goods best . however , the information that the goods are being made available to end users in the relevant member state may be in the possession of an importer or a distributor , rather than the actual producer . it should therefore be permissible for another economic operator to fill in this information in place of the producer , provided that the economic operator takes the responsibility for the information filled into the mutual recognition declaration


### the producer , or the producer ' s representative , should be responsible for filling in the information in the mutual recognition declaration as the producer knows the goods best . however , the information that the goods are being made available to end users in the relevant member state may be in the possession of an importer or a distributor , rather than the actual producer . it should therefore be permissible for another economic operator to fill in this information in place of the producer . ### the producer , or the producer ' s authorised representative , should be responsible for filling in the information in the mutual recognition declaration as the producer knows the goods best . however , the information that the goods are being made available to end users in the relevant member state may be in the possession of an importer or a distributor , rather than the actual producer . it should therefore be permissible for another economic operator to fill in this information in place of the producer .


### in order to enhance the efficiency and competitiveness of businesses operating in the non - harmonised area , it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration . therefore , economic operators should be able to make their declaration available online . ### in order to enhance the efficiency and competitiveness of businesses operating in the non - harmonised area , it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration . therefore , economic operators must be able to make their declaration available online .


### where producers decide not to make use of the mutual recognition declaration mechanism , it should be for the member state to request the information that it considers necessary for the assessment of the goods , taking due account of the principle of proportionality . ### where producers decide not to make use of the mutual recognition declaration mechanism , it should be for the member state to request the information that it considers necessary for the assessment of the goods , taking due account of the principle of proportionality and without imposing excessive burdens on companies .


### where producers decide not to make use of the mutual recognition declaration mechanism , it should be for the member state to request the information that it considers necessary for the assessment of the goods , taking due account of the principle of proportionality . ### where economic operators decide not to make use of the mutual recognition declaration mechanism , it should be for the member state to request the information that it considers necessary for the assessment of the goods , taking due account of the principle of proportionality .


### regulation no 765 / 2008 of the european parliament and of the council23 establishes a system of accreditation which ensures the mutual acceptance of the level of competence of conformity assessment bodies . the competent authorities of member states should therefore not refuse test reports and certificates issued by an accredited conformity assessment body on grounds related to the competence of that body . furthermore , in order to avoid as far as possible the duplication of tests and procedures which have been already carried out in another member state , member states should also accept test reports and certificates issued by other conformity assessment bodies in accordance with union law . competent authorities should be required to take due account of the content of the test reports or certificates presented . _________________ 23 regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 93 . ### regulation no 765 / 2008 of the european parliament and of the council23 establishes a system of accreditation which ensures the mutual acceptance of the level of competence of conformity assessment bodies . the competent authorities of member states shall therefore not refuse test reports and certificates issued by an accredited conformity assessment body on grounds related to the competence of that body . furthermore , in order to avoid as far as possible the duplication of tests and procedures which have been already carried out in another member state , member states shall also accept test reports and certificates issued by other conformity assessment bodies in accordance with union law . competent authorities are required to take due account of the content of the test reports or certificates presented without requesting duplication of testing . _________________ 23 regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 93 .


### the internal market problem solving network is a service provided by the national administration in each member state aiming to find solutions for citizens and businesses when their rights are breached by public authorities in another member state . the principles governing the functioning of solvit are set out in the commission recommendation 2013 / 461 / eu27 . _________________ 27 commission recommendation 2013 / 461 / eu of 17 september 2013 on the principles governing solvit . ### the internal market problem solving network is a service provided by the national administration in each member state aiming to find solutions for citizens and businesses when their rights are breached by public authorities in another member state . the principles governing the functioning of solvit are set out in the commission recommendation 2013 / 461 / eu27 . each member state must ensure that a national solvit centre is established and that adequate human and financial resources are available to guarantee that the solvit centre takes part in the european solvit network on the basis of the principles set out in the recommendation 2013 / 461 / eu . _________________ 27 commission recommendation 2013 / 461 / eu of 17 september 2013 on the principles governing solvit .


### 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 .


### 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 .


### in order to facilitate the free movement of goods , product contact points should be required to provide information , free of charge , on their national technical rules and the application of the principle of mutual recognition . product contact points should be adequately equipped and resourced . in accordance with regulation [ single digital gateway – com256 ] they should provide information through a website and be subject to the quality criteria required by that regulation , and be subject to the quality criteria set out in that regulation . ### in order to facilitate the free movement of goods , product contact points are required to provide information , free of charge , on their national technical rules and the application of the principle of mutual recognition . product contact points should be adequately equipped and resourced . in accordance with regulation [ single digital gateway –com256 ] they should provide information through a website and be subject to the quality criteria required by that regulation , and be subject to the quality criteria set out in that regulation .


### for the purposes of raising awareness about the mutual recognition principle and ensuring that this regulation is applied correctly and consistently , the union should finance awareness - raising campaigns and other related activities aiming at enhancing trust and cooperation between competent authorities and economic operators . ### for the purposes of raising awareness about the mutual recognition principle and ensuring that this regulation is applied correctly and consistently , the union should finance awareness - raising campaigns and other related activities aiming at enhancing trust and cooperation between competent authorities , trade associations and economic operators .


### the provision either prohibits the making available of goods , or a type of goods , on the domestic market in that member state or else it makes compliance with the provision compulsory , de facto or de jure , whenever goods , or goods of a given type , are being made available on that market ; ### the provision either prohibits the making available of goods , or a type of goods , on the domestic market in that member state , or it leads or is likely to lead to similar effects if compliance is mandatory , de facto or de jure , whenever goods , or goods of a given type , are being made available on that market ;


### the provision either prohibits the making available of goods , or a type of goods , on the domestic market in that member state or else it makes compliance with the provision compulsory , de facto or de jure , whenever goods , or goods of a given type , are being made available on that market ; ### the provision either prohibits the making available of goods , or a type of goods , on the market in that member state or else it makes compliance with the provision compulsory , de facto or de jure , whenever goods , or goods of a given type , are being made available on that market ;


### it imposes on those goods , or goods of that type , other requirements that are imposed for the purposes of protecting consumers or the environment and that affect the life - cycle of the goods after they have been made available on the domestic market in that member state , such as conditions of use , recycling , reuse or disposal , where such conditions can significantly influence either the composition or nature of the goods , or type of goods , or the making available of them on the domestic market in that member state . ### it imposes on those goods , or goods of that type , other requirements that are imposed for the purposes of protecting consumers or the environment and that affect the life - cycle of the goods after they have been made available on the market in that member state , such as conditions of use , recycling , reuse or disposal , where such conditions can significantly influence either the composition or nature of the goods , or type of goods , or the making available of them on the market in that member state .


### article 8 to or article 8 of directive 2001 / 95 / ec ; ### article 8 to and article 8 of directive 2001 / 95 / ec ;


### ' making available on the domestic market in a member state ' means any supply of the goods for distribution , consumption or use on the market within the territory of that member state in the course of a commercial activity , whether in return for payment or free of charge ; ### ' making available on the market in a member state ' means any supply of the goods for distribution , consumption or use on the market within the territory of that member state in the course of a commercial activity , whether in return for payment or free of charge ;


### ' restricting market access ' means imposing conditions to be fulfilled before the goods can be made available on the domestic market in the relevant member state , or conditions for keeping the goods on that market , which in either case require the modification of one or more of the characteristics of those goods , as described in article 2 , or the performance of additional testing ; ### ' restricting market access ' means imposing conditions to be fulfilled before the goods can be made available on the market in the relevant member state , or conditions for keeping the goods on that market , which in either case require the modification of one or more of the characteristics of those goods , as described in article 2 , or the performance of additional testing ;


### prohibiting the goods from being made available on the domestic market in the relevant member state or from being kept on that market ; ### prohibiting the goods from being made available on the market in the relevant member state or from being kept on that market ;


### ' producer ' means any natural or legal person who manufactures the goods or has the goods designed or manufactured , and markets them under his name or trademark , or any other natural or legal person who , by putting his name , trademark or other distinguishing feature on the goods presents himself as its producer ; ### ' producer ' means any natural or legal person who manufactures the goods or has the goods designed or manufactured , and markets them under his name or trademark , any natural or legal person who modifies goods already lawfully marketed in a member state in such a way that compliance with the relevant rules applicable in that member state might be affected , or any other natural or legal person who , by putting his name , trademark or other distinguishing feature on the goods , including agricultural products , which were not obtained by a manufacturing process , presents himself as its producer ;


### ' authorised representative ' means any natural or legal person established within the union who has received a written mandate from the producer to act on the producer ' s behalf with regard to the making available of the goods on the domestic market in question ; ### ' authorised representative ' means any natural or legal person established within the union who has received a written mandate from the producer to act on the producer ' s behalf with regard to the making available of the goods on the market in question ;


### ' distributor ' means any natural or legal person in the supply chain established in the union , other than the producer or the importer , who makes the goods available on the domestic market in the relevant member state ; ### ' distributor ' means any natural or legal person in the supply chain established in the union , other than the producer or the importer , who makes the goods available on the market in the relevant member state ;


### the producer of goods , or goods of a given type , that are being or are to be made available on the domestic market in a member state may draw up a declaration in order to demonstrate to the competent authorities of the member state of destination that the goods , or goods of that type , are lawfully marketed in another member state . ### the producer of goods , or goods of a given type , that are being or are to be made available on the market in a member state may draw up a voluntary declaration in order to demonstrate to the competent authorities of the member state of destination that the goods , or goods of that type , are lawfully marketed in another member state .


### alternatively , the producer may mandate his authorised representative to draw up the declaration on his behalf . ### alternatively , the producer may mandate his authorised representative to draw up the declaration on his behalf provided that the mandate explicitly mentions it .


### alternatively , the producer may mandate his authorised representative to draw up the declaration on his behalf . ### the producer may mandate his authorised representative to draw up the declaration on his behalf .


### mutual recognition declaration ### lawful marketing declaration regarding mutual recognition


### 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 .


### if a mutual recognition declaration is not supplied to a competent authority of the member state of destination in accordance with the requirements of this article , the competent authority may request any of the economic operators to provide the following documentation and information in order to demonstrate for the purposes of an assessment under article 5 that the goods are lawfully marketed in another member state : ### if a mutual recognition declaration is not supplied to a competent authority of the member state of destination in accordance with the requirements of this article , the competent authority may request the relevant economic operator to provide the following documentation and information in order to demonstrate for the purposes of an assessment under article 5 that the goods are lawfully marketed in another member state :


### any relevant information concerning the characteristics of the goods or type of goods in question ; ### information concerning the characteristics of the goods or type of goods in question that is necessary for the assessment ;


### any relevant information on the lawful marketing of the goods in another member state ; ### information on the lawful marketing of the goods in another member state that is necessary for the 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 .


### 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 market surveillance authorities within the meaning of regulation no 765 / 2008 by means of the system referred to in article 11 . the opinion shall be considered during the solvit procedure referred to in paragraph 1 .


### member states shall ensure that their competent authorities and product contact points participate in the activities referred to in paragraph 1 . ### each member state shall inform the commission of the identity of the representatives appointed from that member state to the group . member states shall ensure that their competent authorities and product contact points participate in the activities referred to in paragraph 1 and paragraph 2a .


### short - term markets will improve liquidity and competition by enabling more resources to participate fully in the market , especially those that are more flexible . effective scarcity pricing will encourage market participants to be available when the market most needs it and ensures that they can recover their costs in the wholesale market . it is therefore critical to ensure that , as far as possible , administrative and implicit price caps are removed to allow scarcity prices to increase up to the value of lost load . when fully embedded in the market structure , short - term markets and scarcity pricing will contribute to the removal of other measures , such as capacity mechanisms , to ensure security of supply . at the same time , scarcity pricing without price caps on the wholesale market should not jeopardize the possibility for reliable and stable prices for final customers , in particular households and smes . ### short - term markets will improve liquidity and competition by enabling more resources to participate fully in the market , especially those that are more flexible . effective scarcity pricing will encourage market participants to be available when the market most needs it and ensures that they can recover their costs in the wholesale market . it is therefore critical to ensure that administrative and implicit price caps are removed to allow scarcity pricing . when fully embedded in the market structure , short - term markets and scarcity pricing will contribute to the removal of other measures , such as capacity mechanisms and other subsidies , to ensure security of supply . at the same time , scarcity pricing without price caps on the wholesale market should not jeopardize the possibility for reliable and stable prices for final customers , in particular households and smes .


### a robust medium to long - term union level resource adequacy assessment should be carried out by the entso for electricity to provide an objective basis for the assessment of adequacy concerns . the resource adequacy concern that capacity mechanisms address should be based on the eu assessment . ### a robust medium to long - term union level resource adequacy assessment should be carried out by the entso for electricity to provide an objective basis for the assessment of adequacy concerns . that assessment should be complemented by more granular assessments at the level of bidding zones , member states and regions . the resource adequacy concern that capacity mechanisms address should be based on those assessments .


### a robust medium to long - term union level resource adequacy assessment should be carried out by the entso for electricity to provide an objective basis for the assessment of adequacy concerns . the resource adequacy concern that capacity mechanisms address should be based on the eu assessment . ### a robust medium to long - term union level resource adequacy assessment should be carried out by the entso for electricity to provide an objective basis for the assessment of adequacy concerns . the assessment should address levels of the union , the regions , the member states and the bidding zones . the resource adequacy concern that capacity mechanisms address should be based on the eu assessment .


### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ; ### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable competitiveness on the global market , demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ;


### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ; ### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market and sectoral integration and market - based remuneration of electricity generated from renewable sources ;


### ' strategic reserve ' means a capacity mechanism in which resources are only dispatched in case day - ahead and intraday markets have failed to clear , transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load ; ### ' strategic reserve ' means a capacity mechanism in which resources are only dispatched in case day - ahead and intraday markets have failed to clear , transmission system operators prove that their dispatch is necessary to ensure grid security , and have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load ;


### market rules shall deliver appropriate investment incentives for generation , storage , energy efficiency and demand response to meet market needs and thus ensure security of supply ; ### market rules shall encourage free price formation to deliver appropriate investment incentives for generation , storage , energy efficiency , demand response and facilitate fair competition and thus ensure security of supply ;


### market rules shall allow for entry and exit of electricity generation and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ; ### market rules shall allow for unrestricted entry and exit of electricity generation and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ;


### marginal pricing shall be used for the settlement of balancing energy . market participants shall be allowed to bid as close to real time as possible , and at least after the intraday cross - zonal gate closure time determined in accordance with article 59 of commission regulation 2015 / 122234 . _________________ 34 commission regulation 2015 / 1222 of 24 july 2015 establishing a guideline on capacity allocation and congestion management . ### the settlement of balancing energy shall be based on marginal pricing . market participants shall be allowed to bid as close to real time as possible , and at least until the relevant intraday cross - zonal gate closure time determined in accordance with article 59 of commission regulation 2015 / 122234 . _________________ 34 commission regulation 2015 / 1222 of 24 july 2015 establishing a guideline on capacity allocation and congestion management .


### market operators shall provide market participants with the opportunity to trade in energy in time intervals at least as short as the imbalance settlement period in both day - ahead and intraday markets . ### market operators shall provide market participants with the opportunity to trade in energy in national and cross - border markets in time intervals at least as short as the imbalance settlement period in both day - ahead and intraday markets .


### there shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with article 10 . there shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 &#8364 ; or less and , in the event that it is or anticipated to be reached , set at a lower value for the following day . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices . ### there shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with article 10 . in case of markets being strongly interconnected , the level of technical price limits should be the same across all&#160 ; markets and bidding zones&#160 ; in order to avoid market distortions . &#160 ; there shall be no minimum limit of the wholesale electricity price . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices .


### there shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with article 10 . there shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 &#8364 ; or less and , in the event that it is or anticipated to be reached , set at a lower value for the following day . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices . ### there shall be no maximum and no minimum limit of the wholesale electricity price . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices .


### by [ op : one year after entry into force ] member states shall establish a single estimate of the value of lost load for their territory , expressed in &#8364 ; / mwh . that estimate shall be reported to the commission and made publically available . member states may establish different voll per bidding zone if they have several bidding zones in their territory . in establishing voll , member states shall apply the methodology developed pursuant to article 19 . ### by [ op : one year after entry into force ] member states shall establish one or more estimates of the value of lost load for their territory , expressed in &#8364 ; / mwh . those estimates shall be reported to the commission and made publically available . in establishing the values , member states shall apply the methodology developed pursuant to article 19 .


### the resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially compensated . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible . ### the resources curtailed or redispatched shall be selected amongst generation , energy storage , and / or demand response facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially compensated . non - market - based curtailment or redispatching of generation or redispatching of energy storage and / or demand response shall only be used where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation , energy storage or demand facilities available in the area where suitable generation , energy storage or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible .