### the minimum information required to be disclosed by smes under the specific disclosure regime should be calibrated in a way that focuses on information that is material and relevant for companies of such size and their investors , and should aim at ensuring proportionality between the size of the company and its fundraising needs , on the one hand , and the cost of producing a prospectus , on the other hand . in order to ensure smes can draw up prospectuses without incurring costs that are not proportionate to their size , and thus the size of their fundraising , the specific disclosure regime for smes should be more flexible than that applying to companies on regulated markets to the extent compatible with ensuring that the key information necessary to the investors is disclosed . ### the minimum information required to be disclosed by smes and issuers seeking admission to sme growth markets under the specific disclosure regime should be calibrated in a way that focuses on information that is material and relevant for companies of such size and their investors , and should aim at ensuring proportionality between the size of the company and its fundraising needs , on the one hand , and the cost of producing a prospectus , on the other hand . in order to ensure smes and issuers seeking admission to sme growth markets can draw up prospectuses without incurring costs that are not proportionate to their size , and thus the size of their fundraising , the proportionate sme and sme growth market disclosure regime should be more flexible than that applying to companies on regulated markets to the extent compatible with ensuring that the key information necessary to the investors is disclosed .


### for offers of securities to the public of a consideration below eur 500 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale . member states should refrain to impose at national level disclosure requirements which would constitute a disproportionate or unnecessary burden in relation to such offers and thus increase fragmentation of the internal market . ### for offers of securities to the public with a total consideration in the union of less than eur 1 000 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale . member states should , moreover , refrain from imposing at national level disclosure requirements which would constitute a disproportionate or unnecessary burden in relation to such offers and thus increase fragmentation of the internal market .


### the summary shall be drawn up as a short document written in a concise manner and of a maximum of six sides of a4 - sized paper when printed . it shall : ### the summary shall be drawn up as a short document written in a concise manner and of a maximum of ten sides of a4 - sized paper when printed . by way of derogation from the first subparagraph , the competent authority may extend the maximum length of the summary where the complexity of the issuer ' s business , the nature of the issue , or the nature of the securities issued so requires . the summary shall :


### esma shall develop guidelines on the assessment by competent authorities of the specificity and materiality of risk factors and on the allocation of risk factors across categories . ### esma shall develop guidelines on the assessment of the specificity and materiality of risk factors . in addition , esma shall develop guidelines to assist competent authorities in their review of risk factors in a manner which encourages appropriate and focused risk factor disclosure by issuers .


### the minimum information required to be disclosed by smes under the specific disclosure regime should be calibrated in a way that focuses on information that is material and relevant for companies of such size and their investors , and should aim at ensuring proportionality between the size of the company and its fundraising needs , on the one hand , and the cost of producing a prospectus , on the other hand . in order to ensure smes can draw up prospectuses without incurring costs that are not proportionate to their size , and thus the size of their fundraising , the specific disclosure regime for smes should be more flexible than that applying to companies on regulated markets to the extent compatible with ensuring that the key information necessary to the investors is disclosed . ### the reduced information required to be disclosed by smes and mid - cap enterprises under the proportionate disclosure regime for eu growth prospectuses should be calibrated in a way that focuses on information that is material and relevant for companies of such size and their investors , and should aim at ensuring proportionality between the size of the company and its fundraising needs , on the one hand , and the cost of producing a prospectus , on the other hand . in order to ensure smes and mid - cap enterprises can draw up prospectuses without incurring costs that are not proportionate to their size , and thus the size of their fundraising , the eu growth prospectus regime should be more flexible than the regime which applies to companies on regulated markets to the extent compatible with ensuring that the key information necessary to the investors is disclosed . when setting out the details of the proportionate disclosure regime for eu growth prospectuses , the commission should take into account the need to facilitate access to capital markets for smes and mid - cap enterprises while ensuring investor confidence in investing in such companies , the need to minimise costs and burden for smes and mid - cap enterprises , the need to elicit specific types of information of special relevance to smes and mid - cap enterprises , the size of the issuer and how long it has been operating , the various types and characteristics of offers , and the various types of information needed by investors relating to the different types of securities .


### for offers of securities to the public of a consideration below eur 500 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale . member states should refrain to impose at national level disclosure requirements which would constitute a disproportionate or unnecessary burden in relation to such offers and thus increase fragmentation of the internal market . ### for offers of securities to the public of a consideration below eur 500 000 , the cost of producing a prospectus in accordance with this regulation is likely to be disproportionate to the envisaged proceeds of the offer . it is therefore appropriate that the requirement to draw up a prospectus under this regulation should not apply to offers of such small scale .


### ' responsible importer ' means any importer who chooses to self - certify according to the rules set out in this regulation ; ### ' responsible importer ' means any importer who is to self - certify in accordance with the rules set out in this regulation ;


### on 7 october 2010 , the european parliament passed a resolution calling for the union to legislate along the lines of the us ' conflict minerals ' law alias section 1502 of the dodd - frank wall street reform and consumer protection act ; and the commission announced in its communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain , including aspects of due diligence . in the latter communication and in line with the commitment it had made at the may 2011 oecd ministerial council , the commission also advocated greater support for and use of the oecd guidelines for multinational enterprises , and of the oecd due diligence guidance – even outside the oecd membership . 9 commodity markets and raw materials , com 25 final . 10 trade , growth and development , com 22 final . ### in its resolutions of 7 october 20101 , of 8 march 20112 , of 5 july 20113 and of 26 february 20144 , the european parliament called for the union to legislate along the lines of the us ' conflict minerals ' law alias section 1502 of the dodd - frank wall street reform and consumer protection act ; and the commission announced in its communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain , including aspects of due diligence . in the latter communication and in line with the commitment it had made at the may 2011 oecd ministerial council , the commission also advocated greater support for and use of the oecd guidelines for multinational enterprises , and of the oecd due diligence guidance – even outside the oecd membership . __________________ 1 european parliament resolution of 7 october 2010 on failures in protection of human rights and justice in the democratic republic of congo 2 european parliament resolution of 8 march 2011 on tax and development – cooperating with developing countries on promoting good governance in tax matters . 3 european parliament resolution of 5 july 2011 on increasing the impact of eu development policy . 4 european parliament resolution of 26 february 2014 on promoting development through responsible business practices , including the role of extractive industries in developing countries 5 commodity markets and raw materials , com 25 final . 6 trade , growth and development , com 22 final .


### this regulation lays down the supply chain due diligence obligations of union importers who choose to be self - certified as responsible importers of minerals or metals containing or consisting of tin , tantalum , tungsten and gold , as set out in annex i . ### this regulation lays down the supply chain due diligence obligations of union importers who are to be self - certified as responsible importers of minerals or metals containing or consisting of tin , tantalum , tungsten and gold , as set out in annex i .


### this regulation sets up a union system for supply chain due diligence self - certification in order to curtail opportunities for armed groups and security forces12 to trade in tin , tantalum and tungsten , their ores , and gold . it is designed to provide transparency and certainty as regards the supply practices of importers , smelters and refiners sourcing from conflict - affected and high - risk areas . __________________ 12 ' armed groups and security forces ' as defined in annex ii of the oecd due diligence guidance for responsible supply chains of minerals from conflict - affected and high - risk areas : second edition , oecd publishing . http : / / dx . doi . org / 10 . 1787 / 9789264185050 - en . ### this regulation sets up a union system for supply chain due diligence self - certification that shall be mandatory in order to curtail opportunities for armed groups and security forces to trade in tin , tantalum and tungsten , their ores , and gold . it is designed to provide transparency and certainty as regards the supply practices of importers , smelters and refiners sourcing from conflict - affected and high - risk areas .


### the member state competent authorities shall carry out appropriate ex - post checks in order to ensure that self - certified responsible importers of the minerals or metals within the scope of this regulation comply with their obligations pursuant to articles 4 , 5 , 6 , and 7 of this regulation . ### the union - wide competent authority that has to be established shall carry out appropriate ex - post checks in order to ensure that self - certified responsible importers of the minerals or metals within the scope of this regulation comply with their obligations pursuant to articles 4 , 5 , 6 , and 7 of this regulation .


### the national coordination office promotes the collaboration with stakeholders such as career guidance services , universities , chambers of commerce and organisations involved in apprenticeships and traineeships schemes . ### the national coordination office promotes the collaboration with stakeholders such as the social partners , career guidance services , universities , chambers of commerce and organisations involved in apprenticeships and traineeships schemes .


### member states shall seek to develop one - stop shop solutions for the communication towards frontier workers and employers in those cross border regions where the member states concerned together deem it necessary to set up specific co - operation and service structures . ### member states shall develop specific cooperation and service structures in cross - border regions and provide one - stop shop solutions for communication with frontier workers and employers .


### a broader membership of the eures network has social , economic and financial benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job vacancies , job applications and curriculum vitae . transnational and cross - border co - operation , which is a key feature of the operation of the eures network , could generate innovative forms of learning and co - operation between employment services , including on quality standards for job vacancies and support services . the eures network would therefore enhance its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union . ### broader membership of the eures network has social , economic and financial benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job vacancies , job applications and curriculum vitae . interregional , transnational and cross - border co - operation , which is a key feature of the operation of the eures network , should continue to generate innovative forms of learning and co - operation between employment services , including on quality standards for job vacancies and support services . the eures network would therefore enhance its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union .


### taking into account the exchange of information and the joint analysis , member states shall develop mobility policies as an integral part of their employment policies . these mobility policies provide the framework on the basis of which member states carry out the programming referred to in article 28 . ### taking into account the exchange of information and the joint analysis , member states may develop mobility policies as an integral part of their employment policies . these mobility policies provide the framework on the basis of which member states carry out the programming referred to in article 28 .


### the transnational and cross - border co - operation and the support to all organisations operating for eures in member states would be facilitated by a structure at union level that should provide common information , training activities , tools and guidance . that structure should also be responsible for the development of the ' european job mobility portal ' , the common it platform . to guide its work , multiannual work programmes should be developed in consultation with member states . ### the interregional , transnational and cross - border partnerships and co - operation and the support to all organisations operating for eures in member states should facilitate the operation of a structure at union level that should continue to offer services such as : common provision of information and consultancy , training activities , tools and guidance . that structure should also be responsible for the strengthening of the ' european job mobility portal ' , the common it platform . to guide its work , multiannual work programmes should be developed in consultation with member states .


### social inclusion and integration of persons excluded from the labour market . ### union - wide social inclusion and integration of persons excluded from the labour market .


### the freedom of movement for workers and high levels of employment are closely linked and make it necessary for member states to develop mobility policies supporting a better functioning of labour markets in the union . member states’ mobility policies should be considered as an integral part of their social and employment policies . ### the freedom of movement for workers and high levels of employment are closely linked and make it necessary for member states to develop mobility policies supporting a better functioning of labour markets in the union . member states’ mobility policies should be considered as an integral part of their social and employment policies . the commission could list member states’ good practices and mention them in the recommendations that it makes for the purposes of the european semester .


### to bring offers of employment together with applications for employment each member state shall make available to the eures portal : ### to bring job offers together with job applications each member state with the financial support of the commission shall make available , barrier - free accessible , to the eures portal :


### the functioning of a european network of employment services between member states and the commission ; ### the functioning of a european network of employment services between member states and the commission , with the appropriate involvement of the social partners ;


### to bring offers of employment together with applications for employment each member state shall make available to the eures portal : ### to bring job offers of employment together with job applications each member state shall make available , barrier - free , to the eures portal :


### the european commission shall submit to the european parliament , the council , the committee of the regions and the european economic and social committee an ex - post evaluation on the operation and effects of this regulation five years after its entry into force . ### the european commission shall submit to the european parliament , the council , the committee of the regions and the european economic and social committee an ex - post evaluation on the operation and effects of this regulation two years after its entry into force .


### information and communication activities ; ### information and communication activities , including providing a barrier - free environment ;


### the free movement of workers is a key element to the development of a more integrated union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the right skills for vacant positions and overcoming bottlenecks in the labour market . ### the free movement of workers is a key element to the development of a more integrated union labour market , particularly in cross - border regions , which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the right skills for vacant positions and overcoming bottlenecks in the labour market .


### authorisation of eures partners ### authorisation of eures members


### the national coordination office promotes the collaboration with stakeholders such as career guidance services , universities , chambers of commerce and organisations involved in apprenticeships and traineeships schemes . ### the national coordination office promotes the collaboration with stakeholders such as career guidance services , universities , chambers of commerce , organisations representing vulnerable groups on the labour market such as woman , people with disabilities , elderly people , migrants and organisations involved in apprenticeships and traineeships schemes .


### member states may entrust the provision of support services referred to in articles 21 to 23 to their public employment services , provided that the latter participate in the eures network , either as a eures partner authorised pursuant to article 8 and the annex to this regulation or as a eures partner on the basis of the exemption in paragraph 3 . ### member states shall entrust the provision of support services referred to in articles 21 to 23 to their public employment services or their employment ministries .


### all job vacancies available with its public employment services as well as those provided by its eures partners ; ### all job vacancies available with its public employment services as well as those provided by its eures members and eures partners ; member states shall make provision for an exemption which gives employers the option of not having a vacancy published where this is justified by the skills required and the criteria to be met and in the case of vacancies which are not made public . member states shall continue to make provision for an exemption for apprenticeships and traineeships .


### the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to ensure that the obligations imposed on the member states for the authorisation of the organisations to join the eures network as eures partners and to provide common indicators on the performance of those organisations can be amended in light of the experiences gained with their application or to take into account evolving needs on the labour market . 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 council . ### the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to ensure that the obligations imposed on the member states for the authorisation of the organisations to join the eures network as eures partners and to provide common indicators on the performance of those organisations can be amended in light of the experiences gained with their application or to take into account evolving needs on the labour market , as well as to make it possible to change the scope of assistance services for workers and assistance services for employers . 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 council .


### a delegated act adopted pursuant to articles 8 and 29 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 29 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council .


### a member state shall not limit the access to national labour market measures merely for the reason that a worker seeks that assistance in order to find employment in the territory of another member state . ### a member state shall not limit the access to active labour market measures providing workers with job search assistance merely for the reason that a worker seeks that assistance in order to find employment in the territory of another member state .


### the rules applicable to workers ; ### the rules applicable to workers , including recruitment rules , and the individual categories of employment contracts ;


### the delegation of power referred to in articles 8 and 29 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect on the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 29 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect on the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the coordination group is composed of representatives of the european coordination office and the national coordination offices . ### the coordination group shall be composed of representatives of the european coordination office and the national coordination offices and the union social partner organisations .


### member states inform the european coordination office about their national systems put in place and the eures partners they authorised to participate in the eures network accordingly . ### member states inform the european coordination office about their national systems put in place and the eures members they authorised to participate in the eures network accordingly .


### the coordination group is composed of representatives of the european coordination office and the national coordination offices . ### the coordination group shall be composed of representatives of the european coordination office and the national coordination offices and the social partner organisations .


### ‘ job vacancy’ means any offer for employment , including for apprenticeships and traineeships considered as work ; ### ' job vacancy ' means any offer for employment , where a successful applicant , through taking up the vacant post , would enter into an employment relationship that would qualify him or her as a worker for the purposes of article 45 tfeu ;


### to bring offers of employment together with applications for employment each member state shall make available to the eures portal : ### to bring job offers together with job applications each member state with the financial support of the commission shall make available , barrier - free accessible , to the eures portal :


### member states inform the european coordination office about their national systems put in place and the eures partners they authorised to participate in the eures network accordingly . ### member states inform the european coordination office about their national systems put in place and the eures partners they authorised to participate in the eures network accordingly . this information shall also be provided to the social partners .


### the public employment services shall ensure that workers using their services , by making available job applications and / or cv ' s with them , can choose to have those employment services assist those workers with their registration on the eures portal , using the national hub referred to in article 15 . ### the public employment services shall ensure that workers using their services , by making available job applications and / or cvs with them , are informed that they may choose to have those employment services assist those workers with their registration on the eures portal , using the national hub referred to in article 15 .


### the eures partners which are the organisations authorised by member states to provide at national , regional and / or local level support with clearance and / or support services to workers and employers . ### de eures - partners : the eures partners which are the organisations , both public and private , authorised by member states to provide at national , regional and / or local level support with clearance and / or support services to workers and employers .


### the delegation of power referred to in articles 8 and 29 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation or from any other date set by the legislator . ### the delegation of power referred to in article 29 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation or from any other date set by the legislator .


### cooperation with the commission and other member states on the clearance within the framework set in chapter iii ; ### cooperation with the commission and other member states , particularly neighbouring member states , on the clearance within the framework set in chapter iii ;


### a broader membership of the eures network has social , economic and financial benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job vacancies , job applications and curriculum vitae . transnational and cross - border co - operation , which is a key feature of the operation of the eures network , could generate innovative forms of learning and co - operation between employment services , including on quality standards for job vacancies and support services . the eures network would therefore enhance its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union . ### a broader membership of the eures network has social , economic and financial benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job vacancies , job applications and curricula vitae . transnational and cross - border co - operation , which is a key feature of the operation of the eures network , could generate innovative forms of learning and co - operation between employment services , including on quality standards for job vacancies and support services . the eures network would therefore enhance and consolidate its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union .


### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task of dealing with complaints and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union . ### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states , particularly in neighbouring member states , and with the european coordination office . those coordination offices should in particular have the task of dealing with complaints and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union .


### growing interdependency between labour markets calls for reinforced cooperation between employment services to bring about freedom of movement for all workers through voluntary and fair labour mobility within the union in accordance with article 46 of the treaty , and therefore a common framework for cooperation should be established between member states and the commission on labour mobility within the union . this framework should bring together job vacancies from across the union and the possibility of applying for those job vacancies , define the provision of related support services to workers and employers and provide for a common approach to share information necessary to facilitate said co - operation . ### growing interdependency between labour markets calls for reinforced cooperation between employment services , particularly in cross - border regions , to bring about freedom of movement for all workers through voluntary and fair labour mobility within the union in accordance with article 46 of the treaty , and therefore a common framework for cooperation should be established between member states and the commission on labour mobility within the union . this framework should bring together job vacancies from across the union and the possibility of applying for those job vacancies , define the provision of related support services to workers and employers and provide for a common approach to share information necessary to facilitate said co - operation .


### - costs of separate collection , sorting and treatment operations required to meet the waste management targets referred to in paragraph 1 , second indent , taking into account the revenues from re - use or sales of secondary raw material from their products ; ### - costs of separate collection , sorting for recycling and treatment operations required to meet the waste management targets referred to in paragraph 1 , second indent , taking into account the revenues from re - use or sales of secondary raw material from their products ;


### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of halving food waste by 2030 . these measures should aim to prevent food waste in primary production , in processing and manufacturing , in retail and other distribution of food , in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures and should measure progress in food waste reduction . to facilitate exchange of good practice across the eu both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis . ### member states should take measures to promote prevention of food waste in line with the 2030 agenda for sustainable development , adopted by the united nations general assembly on 25 september 2015 , and in particular its target of halving food waste by 2030 . these measures should aim to prevent food waste in primary production , in processing and manufacturing , in retail and other distribution of food , in public and private organisations that sell or offer meals , and in restaurants and food services as well as in households . having regard to the environmental and economic benefits of preventing food waste , member states should establish specific food waste prevention measures and should measure progress in food waste reduction . to facilitate exchange of good practice across the eu both between member states and between food business operators , uniform methodologies for such measurement should be established . reporting on food waste levels should take place on a biennial basis .


### member states shall ensure the separate collection of bio - waste where technically , environmentally and economically practicable and appropriate to ensure the relevant quality standards for compost and to attain the targets set out in article 11 , and and 11 . ### member states shall ensure the separate collection of bio - waste where technically , environmentally and economically practicable and appropriate to minimise contamination by other waste , to ensure the relevant quality standards for compost , and to attain the targets set out in article 11 , and and 11 .


### member states shall make use of adequate economic instruments to provide incentives for the application of the waste hierarchy . ### member states shall make use of adequate economic instruments , such as fiscal measures or even market instruments , to provide incentives for the application of the waste hierarchy , to maximise the use of raw materials derived from recycling and to offset the cost disparities with virgin raw materials . these economic instruments must have the objective of : encouraging the use of raw materials derived from recycling ; rewarding the environmental benefits of raw materials derived from recycling in terms of energy saving and emissions ; encouraging the re - use and recycling of waste .


### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration , including , the quality criteria for the recycled metals . ### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 39 establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration and of minerals that have been recycled in conjunction with co - incineration , including , the quality criteria for the recycled materials .


### ' final recycling process ' means the recycling process which begins when no further mechanical sorting operation is needed and waste materials enter a production process and are effectively reprocessed into products , materials or substances ; ### ' final recycling process ' means the recycling process which begins when no further mechanical sorting operation is needed and when waste and waste materials considered to have ceased to be waste in accordance with article 6 enter a production process and are effectively reprocessed into products , materials or substances ;


### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration , including , the quality criteria for the recycled metals . ### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of metals and minerals that have been recycled in conjunction with incineration and co - incineration , including , the quality criteria for the recycled materials .


### ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states may take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . ' ### in paragraph 1 , the first subparagraph is replaced by the following : ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states shall take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . '


### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration , including , the quality criteria for the recycled metals . ### in order to ensure harmonised conditions for the application of paragraph 5 , the commission shall adopt delegated acts in accordance with article 38a establishing a common methodology for the calculation of the weight of materials that have been recycled in conjunction with incineration , including the quality criteria for the recycled materials .


### ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states may take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . ' ### in article 8 the first subparagraph is replaced by the following : ' 1 . in order to strengthen the re - use and the prevention , recycling and other recovery of waste , member states shall take legislative or non - legislative measures to ensure that any natural or legal person who professionally develops , manufactures , processes , treats , sells or imports products has extended producer responsibility . '


### waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste . it is important therefore that member states take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators should be established . ### waste prevention is the most efficient way to improve resource efficiency , to reduce the environmental impact of waste and to promote durable , recyclable , reusable high - quality materials . an important aspect of waste prevention is the reduction of hazardous substances in materials . in order to enhance waste prevention , it is important that member states take appropriate measures to prevent waste generation and littering , including the set - up of national prevention targets and the use of adequate economic instruments and awareness campaigns for citizens . member states should monitor and assess progress in the implementation of these measures as well as in the reduction of waste generation , with the aim of decoupling it from economic growth . in order to ensure a uniform measurement of the overall progress made in the implementation of waste prevention measures , common indicators should be established within 18 months from the entry into force of this directive .


### - encourage the setting up of systems promoting reuse activities , including in particular for electrical and electronic equipment , textiles and furniture ; ### - encourage the setting up of systems promoting reuse activities , including in particular for electrical and electronic equipment , textiles , furniture , construction materials and construction and demolition waste ;


### large differences exist between member states with respect to their waste management performance , particularly as regards recycling of municipal waste . in order to take account of those differences , those member states which in 2013 recycled less than 20% of their municipal waste according to eurostat data should be given additional time to comply with the preparing for re - use and recycling targets established for 2025 and 2030 . in light of average annual progression rates observed in member states over the past fifteen years , those member states would need to increase their recycling capacity at levels that are well - above past averages to meet those targets . in order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time , member states that are given additional time should meet interim - targets and establish an implementation plan . ### large differences exist between member states with respect to their waste management performance , particularly as regards recycling of municipal waste . in order to take account of those differences , those member states which in 2013 recycled less than 20% of their municipal waste according to eurostat data should be given additional time to comply with the preparing for re - use and recycling targets established for 2025 and 2030 . in light of average annual progression rates observed in member states over the past fifteen years , those member states would need to increase their recycling capacity at levels that are well - above past averages to meet those targets . in order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time , member states that are given additional time should meet interim - targets and establish an implementation plan , with the support of the commission .


### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2 and . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2 and . in the event of an extension , the member state shall take the necessary measures to increase the preparing for re - use and the recycling of municipal waste to a minimum of 50% and 60% by weight , by 2025 and 2030 respectively . ### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2 and . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2 and . in the event of an extension , the member state shall take the necessary measures to increase the preparing for re - use and the recycling of municipal waste to a minimum of 50% and 60% by weight , by 2025 and 2030 respectively . the above member states may draw up annual national plans , with the assistance of the commission , specifying the measures to be taken to meet the targets .


### member states should put in place adequate incentives for the application of the waste hierarchy , in particular , by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , extended producer responsibility schemes and incentives for local authorities . ### member states should put in place adequate incentives for the application of the waste hierarchy , in particular , by means of financial , fiscal or regulatory incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , direct price support schemes , internalisation of positive and negative externalities linked to recycling and primary raw materials , policy of zero vat on the repair and sale of second - hand products , and extended producer responsibility schemes .


### waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste . it is important therefore that member states take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures , common indicators should be established . ### waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste . it is important therefore that member states take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures . in order to ensure a uniform measurement of the overall progress made in the implementation of waste prevention measures , common indicators should be established , as well as common calculation methods and economic incentives for products that generate less waste in relation to their category and to the products that preceded them .


### such measures may encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle . ### such measures may encourage , inter alia , the development , production and marketing of products that are suitable for multiple use , that are technically durable and that are , after having become waste , suitable for preparation for re - use and recycling in order to facilitate proper implementation of the waste hierarchy . the measures should take into account the impact of products throughout their life cycle and relevant european legislation and standards already applicable to products .


### has the necessary operational and financial means to meet its extended producer responsibility obligations ; ### has the necessary organisational and financial means to meet its extended producer responsibility obligations ;


### for the purposes of calculating whether the targets laid down in article 11 and and article 11 have been achieved member states may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the municipal waste incinerated provided that the recycled metals meet certain quality requirements . ### for the purposes of calculating whether the targets laid down in article 11 and and article 11 have been achieved member states may take into account the recycling of materials , in particular metals and glass , that takes place in conjunction with incineration provided that the recycled materials meet certain quality requirements .


### the commission shall be empowered to adopt delegated acts in accordance with article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste . those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object . ### the commission shall be empowered to adopt delegated acts in accordance with article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste . end - of - waste specific criteria should be considered for certain materials such as aggregates , paper , glass , metal , plastic , tyres and textiles . those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object .


### the recycling , including composting , and digestion of bio - waste ; ### the recycling , including composting , and digestion of bio - waste and bio - based packaging ;


### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be amended to make them better reflect the union ' s ambition to move to a circular economy . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be amended to make them better reflect the union ' s ambition to move to an efficient circular economy . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### member states shall make use of adequate economic instruments to provide incentives for the application of the waste hierarchy . ### member states shall make use of adequate economic instruments , such as fiscal measures or even market instruments , to provide incentives for the application of the waste hierarchy , to maximise the use of raw materials derived from recycling and to offset the cost disparities with virgin raw materials . these economic instruments must have the objective of : encouraging the use of raw materials derived from recycling ; rewarding the environmental benefits of raw materials derived from recycling in terms of energy saving and emissions ; encouraging the re - use and recycling of waste .


### member states shall monitor and assess the implementation of the waste prevention measures . for that purpose , they shall use appropriate qualitative or quantitative indicators and targets , notably on the per capita quantity of municipal waste that is disposed of or subject to energy recovery . ### member states shall monitor and assess the implementation of the waste prevention measures . for that purpose , they shall use appropriate qualitative or quantitative indicators and targets , notably on the per capita quantity of municipal waste that is reduced thanks to design improvements , disposed of or subject to energy recovery .


### to adapt the ten - t networks to military mobility needs ; ### to adapt the ten - t networks to military mobility needs by filling the missing infrastructure gaps , including upgrades to the existing infrastructure or building new transport infrastructure for dual civilian - military uses ;


### the member states and the commission should ensure that esf + contributes to the promotion of equality between women and men in accordance with article 8 tfeu to foster equality of treatment and opportunities between women and men in all areas , including regarding participation in the labour market , terms and conditions of employment and career progression . they should also ensure that the esf + promotes equal opportunities for all , without discrimination in accordance with article 10 tfeu and promotes the inclusion in society of persons with disabilities on equal basis with others and contributes to the implementation of the united nations convention on the rights of persons with disabilities . these principles should be taken into account in all dimensions and in all stages of the preparation , monitoring , implementation and evaluation of programmes , in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities . the esf + should also promote the transition from residential / institutional care to family and community - based care , in particular for those who face multiple discrimination . the esf + should not support any action that contributes to segregation or to social exclusion . regulation no [ future cpr ] provides that rules on eligibility of expenditure are to be established at national level , with certain exceptions for which it is necessary to lay down specific provisions with regard to the esf + strand under shared management . ### the member states and the commission should ensure that esf + contributes to the promotion of equality between women and men in accordance with article 8 tfeu to foster non - discrimination and equality of treatment and opportunities between women and men in all areas , including regarding participation in the labour market , terms and conditions of employment and career progression . they should also ensure that the esf + promotes equal opportunities for all , without discrimination in accordance with article 10 tfeu and promotes the inclusion in society of persons with disabilities on equal basis with others and contributes to the implementation of the united nations convention on the rights of persons with disabilities . these principles should be taken into account in all dimensions and in all stages of the preparation , monitoring , implementation and evaluation of programmes , in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities . the esf + should also promote the transition from residential / institutional care to family and community - based care , in particular for those who face multiple discrimination . the esf + should not support any action that contributes to segregation or to social exclusion . regulation no [ future cpr ] provides that rules on eligibility of expenditure are to be established at national level , with certain exceptions for which it is necessary to lay down specific provisions with regard to the esf + strand under shared management .


### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation . ### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . through the esf + , targeted support shall also be provided for the sustainable participation and progress of women in employment , thus combating poverty of women , combating gender stereotypes in the labour market and in education and training , and promoting the reconciliation of work and personal life for all as well as the equal sharing of care responsibilities between men and women .


### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce . ### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , with special emphasis on disadvantaged or vulnerable social groups , such as people with disabilities , older people , the roma , and people with a low level of educational attainment or basic skills , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to make them more effective , improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment with special regard to disadvantaged social groups and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to quality and affordable childcare and dependent care services . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce .


### the council of [ … ] adopted revised guidelines for the employment policies of the member states to align the text with the principles of the european pillar of social rights , with a view to improving europe ' s competitiveness and making it a better place to invest , create jobs and foster social cohesion . in order to ensure the full alignment of the esf + with the objectives of these guidelines , particularly as regards employment , education , training and the fight against social exclusion , poverty and discrimination , the esf + should support member states , taking account of the relevant integrated guidelines and relevant country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu and , where appropriate , at national level , the national reform programmes underpinned by national strategies . the esf + should also contribute to relevant aspects of the implementation of key union initiatives and activities , in particular the ' skills agenda for europe ' and the european education area , relevant council recommendations and other initiatives such as the youth guarantee , upskilling pathways and on integration of the long - term unemployed . ### the council of [ … ] adopted revised guidelines for the employment policies of the member states to align the text with the principles of the european pillar of social rights , with a view to improving europe ' s competitiveness and making it a better place to invest , create jobs and foster social cohesion . in order to ensure the full alignment of the esf + with the objectives of these guidelines , particularly as regards employment , education , training and the fight against social exclusion , poverty and discrimination , the esf + should support member states , taking account of the relevant integrated guidelines and relevant country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu , the post - 2020 eu framework for national roma integration strategies and , where appropriate , at national level , the national reform programmes underpinned by national strategies . the esf + should also contribute to relevant aspects of the implementation of key union initiatives and activities , in particular the ' skills agenda for europe ' and the european education area , relevant council recommendations and other initiatives such as the youth guarantee , upskilling pathways and on integration of the long - term unemployed .


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


### a modern internal market promotes competition and benefits consumers , businesses and employees . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining barriers , and to ensure a regulatory framework that can accommodate new innovative business models . ### a modern internal market promotes competition and benefits consumers , businesses and employees . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining barriers , and to ensure a regulatory framework that can accommodate new innovative business models and start - up type initiatives .


### regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms , the adoption of common rules and , where no such union rules exist , through the principle of mutual recognition . in areas where no union legislation exists , the principle of mutual recognition means that goods that are lawfully marketed in one member state enjoy the right to free movement and can be sold in another member state . however , inadequate application of mutual recognition makes it harder for companies to access markets in other member states . despite the high degree of market integration in the area of goods , this leads to lost opportunities for the economy at large . the programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non - compliant goods entering the market . ### regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms , the adoption of common rules and , where no such union rules exist , through the principle of mutual recognition . in areas where no union legislation exists , the principle of mutual recognition means that goods that are lawfully marketed in one member state enjoy the right to free movement and can be sold in another member state . however , inadequate application of mutual recognition makes it harder for companies to access markets in other member states . despite the high degree of market integration in the area of goods , this leads to lost opportunities for the economy at large . the programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non - compliant goods entering the market or of ones that may impact on consumer health .


### reporting persons shall have access to remedial measures against retaliation as appropriate , including interim relief pending the resolution of legal proceedings , in accordance with the national framework . ### reporting persons shall have access to remedial measures against retaliation covering all direct , indirect , and future consequences of any detriment , including , as appropriate , a ) making any provision to act taken in breach of article 14 void ; b ) the reinstatement of the reporting person with equal salary , status , duties and working conditions ; c ) the transfer of the reporting person to a new department or supervisor ; d ) compensation for pain and suffering ; e ) interim relief pending the resolution of legal proceedings .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the unlawful activities or abuse of law which cause threats or serious harm to the following public interest :


### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive . ### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting , he or she has acted in good faith and that this information falls within the scope of this directive .


### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . ### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person and a concerned person may be disclosed .


### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . ### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed ; the same confidentiality regime and protection measures shall be applicable to whistle blowers who initially reported anonymously , if they ask for such measures .


### ' breaches ' means actual or potential unlawful activities or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ; ### ' breaches ' means unlawful activities which are actual or very likely to occur , or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ;


### in order to ensure a meaningful incentive for member states to complete structural reforms , it is appropriate to establish a maximum financial contribution available for them under the instrument for each stage of allocation and under each call . that maximum contribution should be calculated on the basis of the population of member states . to ensure that the financial incentives are spread throughout the whole period of application of the programme , the allocation of funds to the member states should be made in stages . in the first stage lasting twenty months , half of the overall financial envelope of the reform delivery tool should be made available to member states , during which they could receive up to their maximum allocation by submitting proposals for reform commitments . ### in order to ensure a meaningful incentive for member states to complete structural reforms , it is appropriate to establish a maximum financial contribution available for them under the instrument for each stage of allocation and under each call . that maximum contribution should be calculated on the basis of the number and complexity of the country specific recommendations , macroeconomic imbalances , the level of unemployment , the level of poverty and social exclusion , and gdp per capita in relation to the eu average gdp . selection criteria should be presented to member states in a transparent way . to ensure that the financial incentives are spread throughout the whole period of application of the programme , the allocation of funds to the member states should be made in stages . in the first stage lasting forty months , 75% of the overall financial envelope of the reform delivery tool should be made available to member states , during which they could receive up to their maximum allocation by submitting proposals for reform commitments .


### for the period starting after the end of the period referred to in paragraph 2 , the commission shall make available for allocation eur 11 000 000 000 , which represent the remaining 50% of the overall envelope for the reform delivery tool referred to in point of article 7 , plus the amount that has not been allocated in accordance with paragraph 2 , on the basis of calls organised and published under the reform delivery tool . the first call shall be for allocating eur 11 000 000 000 . ### for the period starting after the end of the period referred to in paragraph 2 , the commission shall make available for allocation eur 5 500 000 000 , which represent the remaining 25% of the overall envelope for the reform delivery tool referred to in point of article 7 , plus the amount that has not been allocated in accordance with paragraph 2 , on the basis of calls organised and published under the reform delivery tool . the first call shall be for allocating eur 5 500 000 000 .


### for a period of twenty months from the date of application of this regulation , the commission shall make available for allocation eur 11 000 000 000 , which represents 50% of the overall envelope referred to in point of article 7 . each member state may propose to receive up to the full amount of the maximum financial contribution , referred to in article 9 , to fulfil reform commitments proposed in accordance with article 11 . ### for a period of forty months from the date of application of this regulation , the commission shall make available for allocation eur 16 500 000 000 , which represents 75% of the overall envelope referred to in point of article 7 . each member state may propose to receive up to the full amount of the maximum financial contribution , referred to in article 9 , to fulfil reform commitments proposed in accordance with article 11 .


### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of point and shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . ### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of paragraph 6a and shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . a disclosure regarding the methodology to be used shall be communicated to the parties no later than three months from initiation of the investigation .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission may adopt a report by delegated act describing the specific situation concerning the criteria listed in paragraph 6a in a certain country or a certain sector . the commission shall adopt a report by delegated act for countries referred to in paragraph 6b which shall include an assessment of the fulfilment of the criteria in paragraph 6b . such reports and the evidence on which it is based , as well as relevant findings from prior eu investigations and country reports , shall be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for the costs affected by significant distortions . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development and with a similar level of competitiveness in the concerned sector as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other factor of productions , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . significant distortions shall be deemed to exist in non - market economy countries , i . e . countries which do not meet one or more of the following criteria : 1 ) a low degree of government influence over the allocation of resources and decisions of enterprises , whether directly or indirectly , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; 2 ) an absence of state - induced distortions in the operation of enterprises linked to privatisation and the use of non - market trading or compensation system ; 3 ) the existence and implementation of a transparent and non - discriminatory company law which ensures adequate corporate governance ; 4 ) the existence and implementation of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; 5 ) the existence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy , the normal value shall be a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , provided the relevant data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


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


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions other than countervailable subsidies affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain sector in a certain country ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used ; that such report be updated within a period of time no longer than the time a measure remains in force .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### the percentage of holdings pertaining to companies carrying out environmentally sustainable economic activities ; ### the percentage of holdings in different companies carrying out environmentally sustainable economic activities or activities having a negative environmental impact ;


### ' climate change mitigation ' means the process of holding the increase in the global average temperature to well below 2 °c above pre - industrial levels and limiting the temperature increase to 1 . 5 °c above pre - industrial levels ; ### ' lessening the human influence on climate change ' reflects the fact that a precise distinction must be drawn between climate changes brought about solely by human action and climate changes which are part of an ongoing natural process . human influence on climate change should not bring about a temperature increase in excess of 2°c .


### 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 referred to in article 14 , especially in order to secure the principle of subsidiarity and within that remit the precautionary principle , and the possible need to update those criteria ;


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


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