### the general objective of this regulation is to uphold and promote the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union . ### the general objective of this regulation is to uphold and promote the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union , while respecting the policy framework for eu development cooperation as laid down in art . 208 of the treaty on the functioning of the european union , the european consensus on development , the agenda 2030 on sustainable development , the gender action plan ii and the paris agreement on climate change .


### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ; ### to consolidate and support democracy , rule of law and human rights and gender equality , support civil society organisations , including women’s organisations , further stability and peace and address other global challenges ;


### at least 92% of the expenditure under this regulation shall fulfil the criteria for official development assistance , established by the development assistance committee of the organisation for economic cooperation and development . ### this regulation should contribute to the collective union objectives within the timeframe of the 2030 agenda , keeping in mind the crosscutting peculiarity of goal 5 . at least 92% of the expenditure under this regulation shall fulfil the criteria for official development assistance , as currently established by the development assistance committee of the organisation for economic cooperation and development .


### eur 7 000 million for thematic programmes : ### eur 9700 million for thematic programmes :


### the emerging challenges and priorities cushion of an amount of eur 10 200 million shall increase the amounts referred to in paragraph 2 in accordance with article 15 . ### the emerging challenges and needs envelope of an amount of eur 7500 million shall increase the amounts referred to in paragraph 2 in accordance with article 15 .


### the union shall promote a multilateral and rules - based approach to global goods and challenges and shall cooperate with member states , partner countries , international organisations and other donors in that respect . ### the union shall promote a multilateral and rules - based approach to global public goods and challenges and shall cooperate with member states , partner countries , international organisations and other donors in that respect .


### in line with the principle of inclusive partnership , where appropriate , the commission shall ensure that relevant stakeholders of partner countries , including civil society organisations and local authorities , are duly consulted and have timely access to relevant information allowing them to play a meaningful role during the design , implementation and associated monitoring processes of programmes . ### in line with the principle of inclusive partnership the commission shall ensure that relevant stakeholders of partner countries , including civil society organisations , women’s organisations and local authorities , are duly consulted and have timely access to relevant information and are enabled to play a meaningful role during the design , implementation and associated monitoring processes of programmes .


### supporting capacity - building of military actors in support of development and security for development ; ### supporting capacity - building of peace actors in support of development and safety for development ;


### in order to contribute to sustainable development , which requires the achievement of stable , peaceful and inclusive societies , union assistance under this regulation may be used in the context of a wider security sector reform or to build the capacity of military actors in partner countries , under the exceptional circumstances set out in paragraph 4 , to deliver development activities and security for development activities . ### in order to contribute to sustainable development , which requires the achievement of stable , peaceful , gender - equal and inclusive societies , union assistance under this regulation may be used in the context of a wider safety sector reform or to build the capacity of peace builder actors in partner countries , under the exceptional circumstances set out in paragraph 4 , to deliver development activities and safety for development activities .


### in order to contribute to sustainable development , which requires the achievement of stable , peaceful and inclusive societies , union assistance under this regulation may be used in the context of a wider security sector reform or to build the capacity of military actors in partner countries , under the exceptional circumstances set out in paragraph 4 , to deliver development activities and security for development activities . ### in order to contribute to sustainable development , which requires the achievement of stable , peaceful , gender - equal and inclusive societies , union assistance under this regulation may be used in the context of a wider safety sector reform or to build the capacity of peace - builder actors in partner countries , to deliver development activities and security for development activities .


### assistance pursuant to this article may cover in particular the provision of capacity building programmes in support of development and security for development , including training , mentoring and advice , as well as the provision of equipment , infrastructure improvements and services directly related to that assistance . ### assistance pursuant to this article may cover in particular the provision of capacity building programmes in support of development and safety for development , including training , mentoring and advice , infrastructure improvements and services directly related to that assistance .


### the union shall also consult other donors and actors , including representatives of civil society and local authorities , where relevant ; ### the union shall also consult other donors and actors , including representatives of civil society and local authorities ;


### the partners ' needs , established on the basis of specific criteria , taking into account the population , poverty , inequality , human development , economic and environmental vulnerability , and state and societal resilience ; ### the partners ' needs , established on the basis of specific criteria , taking into account the population , poverty , inequality , human development , economic and environmental vulnerability , human rights , gender equality and women ' s and girls ' empowerment and state and societal resilience ;


### programming documents for geographic programmes shall be results - based and shall take into account , where appropriate , internationally agreed targets and indicators , in particular those set out for the sustainable development goals , as well as country - level result frameworks , to assess and communicate the union contribution to results , at the level of outputs , outcomes and impact . ### programming documents for geographic programmes shall be results - based and shall take into account , internationally agreed targets and indicators , in particular those set out for the sustainable development goals , as well as country - level result frameworks , to assess and communicate the union contribution to results , at the level of outputs , outcomes and impact .


### when drawing up the programming documents for countries and regions in crisis , or post - crisis , fragile and vulnerable situations , due account shall be taken of the special needs and circumstances of the countries or regions concerned . ### the drafting of programming documents for countries and regions in crisis , or post - crisis , fragile and vulnerable situations , shall be carried out on the basis of context specific analyses and a human and women’s rights - based approach


### multiannual indicative programmes shall set out the priority areas selected for union financing , the specific objectives , the expected results , clear and specific performance indicators , and the indicative financial allocations , both overall and per priority area . ### multiannual indicative programmes shall set out the priority areas selected for union financing , the specific objectives , the expected results , clear and specific performance indicators , disaggregated at least by gender and age , and the indicative financial allocations , both overall and per priority area , including envelopes dedicated to civil society and women’s organisations support .


### indicatively 10 % of the financial envelope set out in article 4 to supplement the country financial allocations referred to in article 12 shall be allocated to partner countries listed in annex i in order to implement the performance - based approach . the performance - based allocations shall be decided on the basis of their progress towards democracy , human rights , rule of law , cooperation on migration , economic governance and reforms . the progress of partner countries shall be assessed annually . ### indicatively 10 % of the financial envelope set out in article 4 to supplement the country financial allocations referred to in article 12 shall be allocated to partner countries listed in annex i in order to implement the performance - based approach . the performance - based allocations shall be decided on the basis of their progress towards democracy , human rights , rule of law and good governance . the progress of partner countries shall be assessed annually with the involvement of civil society and women ' s organisations .


### the commission shall adopt annual or multiannual action plans or measures . the measures may take the form of individual measures , special measures , support measures or exceptional assistance measures . action plans and measures shall specify for each action the objectives pursued , the expected results and main activities , the methods of implementation , the budget and any associated support expenditures . ### the commission shall adopt annual or multiannual action plans or measures . the measures may take the form of individual measures , special measures , support measures or exceptional assistance measures . action plans and measures shall specify for each action the objectives pursued , the expected results and main activities , the methods of partners of implementation , the budget and any associated support expenditures , and the way in which they contribute towards the targets on human development and social inclusion , gender equality and women ' s and girls ' rights and empowerment , and climate change and environment as indicated in article 3 . 3 , including indicative allocations . their potential adverse effects on these targets should also be considered and plans should be adjusted accordingly .


### studies , meetings , information , awareness - raising , training , preparation and exchange of lessons learnt and best practices , publication activities and any other administrative or technical assistance expenditure necessary for the programming and management of actions , including remunerated external experts ; ### studies , meetings , information , awareness - raising , training , preparation and exchange of lessons learnt and best practices , including women ' s practices , publication activities and any other administrative or technical assistance expenditure necessary for the programming and management of actions , including remunerated external experts ;


### before the adoption or extension of exceptional assistance measures not exceeding eur 20 million , the commission shall inform the council of their nature and objectives and of the financial amounts envisaged . the commission shall inform the council before making significant substantive changes to exceptional assistance measures already adopted . the commission shall take account of the relevant policy approach of the council for the planning and subsequent implementation of such measures , in the interests of consistency of the union ' s external action . ### before the adoption or extension of exceptional assistance measures not exceeding eur 20 million , the commission shall inform the council of their nature and objectives and of the financial amounts envisaged . the commission shall inform the council before making significant substantive changes to exceptional assistance measures already adopted . the commission shall take account of the relevant policy approach , including a gender sensitive approach , of the council for the planning and subsequent implementation of such measures , in the interests of consistency of the union ' s external action .


### appropriate environmental screening , including for climate change and biodiversity impacts , shall be undertaken at the level of actions , in accordance with the applicable legislative acts of the union , including directive 2011 / 92 / eu82 of the european parliament and of the council and council directive 85 / 337 / eec83 , comprising , where applicable , an environmental impact assessment for environmentally sensitive actions , in particular for major new infrastructure . __________________ 82 directive 2011 / 92 / eu of the european parliament and of the council of 13 december 2011 on the assessment of the effects of certain public and private projects on the environment . 83 council directive of 27 june 1985 on the assessment of the effects of certain public and private projects on the environment . ### appropriate human rights , including women’s rights , social and environmental screening , including for climate change and biodiversity impacts , shall be undertaken at the level of actions , in accordance with the applicable legislative acts of the union , including directive 2011 / 92 / eu [ 1 ] of the european parliament and of the council and council directive 85 / 337 / eec [ 2 ] , comprising , where applicable , an environmental impact assessment for environmentally sensitive actions , in particular for major new infrastructure . __________________ 82 directive 2011 / 92 / eu of the european parliament and of the council of 13 december 2011 on the assessment of the effects of certain public and private projects on the environment . 83 council directive of 27 june 1985 on the assessment of the effects of certain public and private projects on the environment .


### financing under this instrument may also be provided through contributions to international , regional or national funds , such as those established or managed by the eib , by member states , by partner countries and regions or by international organisations , or other donors . ### financing under this instrument may also be provided through contributions to international , regional or national funds , such as those established or managed by the eib , by member states , by partner countries and regions or by international and women’s organisations , or other donors .


### when working with stakeholders of partner countries , the commission shall take into account their specificities , including their needs and the relevant context , when defining the financing modalities , the type of contribution , the award modalities and the administrative provisions for the management of grants , with a view to reaching and best responding to the widest possible range of such stakeholders . specific modalities shall be encouraged in accordance with the financial regulation , such as partnership agreements , authorisations of financial support to third parties , direct award or eligibility - restricted calls for proposals , or lump sums , unit costs and flat - rate financing as well as financing not linked to costs as envisaged in article 125 of the financial regulation . ### when working with stakeholders of partner countries , the commission shall take into account their specificities , including their needs and the relevant context , when defining the financing modalities , the type of contribution , the award modalities and the administrative provisions for the management of grants , with a view to reaching and best responding to the widest possible range of such stakeholders . this assessment must take into account the conditions for a meaningful participation and involvement of all stakeholders , in particular local civil society and women’s organisations . specific modalities shall be encouraged in accordance with the financial regulation , such as partnership agreements , authorisations of financial support to third parties , direct award or eligibility - restricted calls for proposals , or lump sums , unit costs and flat - rate financing as well as financing not linked to costs as envisaged in article 125 of the financial regulation . the different modalities must be implemented with transparency , be traceable and allow for innovation .


### grants , where appropriate without the need for co - financing , to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate including situations where there is a serious lack of fundamental freedoms , where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions . such grants shall not exceed eur 1 000 000 and shall have a duration of up to 18 months , which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation ; ### grants , where appropriate without the need for co - financing , to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate including situations where there is a serious lack of fundamental freedoms , where human safety is most at risk or where human and women ' s rights organisations and defenders operate under the most difficult conditions . such grants shall not exceed eur 1 000 000 and shall have a duration of up to 18 months , which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation ;


### budget support as referred to in point of paragraph 1 , including through sector reform performance contracts , shall be based on country ownership , mutual accountability and shared commitments to universal values , democracy , human rights , the rule of law , and aims at strengthening partnerships between the union and partner countries . it shall include reinforced policy dialogue , capacity development , and improved governance , complementing partners ' efforts to collect more and spend better in order to support sustainable and inclusive economic growth and jobs and poverty eradication . ### budget support as referred to in point of paragraph 1 , including through sector reform performance contracts , shall be based on country ownership , mutual accountability and shared commitments to universal values , democracy , human rights , gender equality , social inclusion and human development , the rule of law , and aims at strengthening partnerships between the union and partner countries . it shall include reinforced policy dialogue , capacity development , gender budgeting and improved governance including budget monitoring by civil society and women’s organisations , complementing partners ' efforts to collect more and spend better in order to support sustainable and inclusive development , the reduction of all kind of inequalities and poverty eradication .


### budget support shall be differentiated in such a way as to respond better to the political , economic and social context of the partner country , taking into account situations of fragility . ### budget support shall be differentiated in such a way as to respond better to the political , economic , social context of the partner country and women , girl and lgbti people situation , taking into account situations of fragility .


### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries . to achieve this goal particular focus should be put on the eradication of poverty , sustainable and inclusive progress , the creation of decent jobs and economic opportunities , in particular for women and girls , skills and entrepreneurship , socioeconomic sectors , with a focus on social enterprises and cooperatives in view of their potential to reduce poverty and inequalities , supporting micro , small and medium - sized enterprises as well as addressing climate change through mitigation and adaptation , to specific socioeconomic root causes of unsafe migration and forced displacement , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . the efsd + guarantee should not be used to replace government responsibility for providing essential public services , which remains a government responsibility .


### one or more external action guarantee agreements shall be concluded for each investment window between the commission and the eligible counterpart or eligible counterparts selected . in addition , in order to address specific needs , the external action guarantee may be granted for individual financing or investment operations . ### one or more external action guarantee agreements shall be concluded for each investment window between the commission and the eligible counterpart or eligible counterparts selected . in addition , in order to address specific needs , the external action guarantee may be granted for individual financing or investment operations . all external action guarantee agreements shall be made available to the european parliament and to the council .


### a mention of the objectives and purpose of this regulation , a needs assessment and an indication of the expected results , taking into account the promotion of corporate social responsibility and responsible business conduct ; ### a mention of the objectives and purpose of this regulation , a needs assessment and an indication of the expected results , taking into account the need to ensure a responsible business conduct ;


### monitoring , reporting and evaluation obligations ; ### transparent monitoring , reporting and evaluation obligations ;


### the eligible counterparts shall , upon request , provide the commission with any additional information necessary to fulfil the commission’s obligations in relation to this regulation . ### the eligible counterparts shall provide the commission with any additional information necessary to fulfil the commission’s obligations in relation to this regulation , in particular with regard to the implementation of recommendations from the ex - ante human rights and environment impact assessment and other selection criteria listed in article 27 . 2 and 3 .


### the commission shall regularly monitor its actions and review progress made towards delivering expected results , covering outputs and outcomes . ### the commission shall regularly monitor its actions and review progress made towards delivering expected results and targets established in article 3 . 3 on human development and social inclusion , climate change and environment and gender equality and women’s and girls’ rights and empowerment , covering outputs and outcomes .


### progress with respect to expected results should be monitored on the basis of clear , transparent and , where appropriate , measurable indicators . indicators shall be kept at a limited number to facilitate timely reporting . ### progress with respect to expected results should be monitored on the basis of clear , transparent and measurable indicators . indicators shall be kept at a limited number to facilitate timely reporting .


### the annual report shall contain information relating to the previous year on the measures financed , the results of monitoring and evaluation exercises , the involvement of the relevant partners , and the implementation of budgetary commitments and of payment appropriations broken down by country , region and cooperation sector . it shall assess the results of the union funding using , as far as possible , specific and measurable indicators of its role in meeting the objectives of this regulation . in the case of development cooperation , the report shall also assess , where possible and relevant , the adherence to development effectiveness principles , including for innovative financial instruments . ### the annual report shall contain information relating to the previous year on the measures financed , the results of monitoring and evaluation exercises , the involvement of the relevant partners , and the implementation of budgetary commitments and of payment appropriations broken down by country , region and cooperation sector . it shall assess the results of the union funding using , as far as possible , specific and measurable indicators of its role in meeting the objectives of this regulation . in the case of development cooperation , the report shall also assess , where possible and relevant , the adherence to development effectiveness principles , including for innovative financial instruments . the report will include information on performance in respecting the targets established in article 3 . 3 on human development and social inclusion , climate change and environment and gender equality and women’s and girls’ empowerment , including an annual estimate of the overall spending for these areas using relevant markers and indicators .


### the annual report prepared in 2021 shall contain consolidated information from annual reports concerning the period from 2014 to 2020 on all funding from the regulations referred to in article 40 , including external assigned revenues and contributions to trust funds , and offering a breakdown of spending by country , use of financial instruments , commitments and payments . the report shall reflect the main lessons learnt and the follow - up to the recommendations of the external evaluative exercises carried out in previous years . ### the annual report prepared in 2021 shall contain consolidated information from annual reports concerning the period from 2014 to 2020 on all funding from the regulations referred to in article 39 , including external assigned revenues and contributions to trust funds , and offering a breakdown of spending by country , use of financial instruments , commitments and payments . the report shall reflect the main lessons learnt and the follow - up to the recommendations of the external evaluative exercises carried out in previous years .


### where appropriate evaluations shall make use of the good practise principles of the development assistance committee of the organisation for economic cooperation and development , seeking to ascertain whether the objectives have been met and to formulate recommendations with a view to improving future actions . ### evaluations shall make use of the good practise principles of the development assistance committee of the organisation for economic cooperation and development , seeking to ascertain whether the objectives have been met and to formulate recommendations with a view to improving future actions . the interim evaluation shall evaluate how the eu performed on targets established in article 3 . 3 on human development and social inclusion , climate change and environment and gender equality and women’s and girls’ rights and empowerment .


### the final evaluation report shall also address efficiency , the added value , the scope for simplification , internal and external coherence , and the continued relevance of the objectives of this regulation . ### the final evaluation report shall also address efficiency , the added value , the scope for simplification , internal and external coherence , and the continued relevance of the objectives of this regulation . it will also contain a gender - impact assessment . the final evaluation shall evaluate how the eu performed on targets established in article 3 . 3 on human development and social inclusion , climate change and environment and gender equality and women’s and girls’ empowerment .


### security issues or local political sensitivities may make it preferable or necessary to limit communication and visibility activities in certain countries or areas or during certain periods . in such cases , the target audience and the visibility tools , products and channels to be used in promoting a given action shall be determined on a case - by - case basis , in consultation and agreement with the union . where rapid intervention is required in response to a sudden crisis , it is not necessary to produce a full communication and visibility plan immediately . in such situations , however , the union ' s support shall nevertheless be appropriately indicated from the start . ### safety issues or local political sensitivities may make it preferable or necessary to limit communication and visibility activities in certain countries or areas or during certain periods . in such cases , the target audience and the visibility tools , products and channels to be used in promoting a given action shall be determined on a case - by - case basis , in consultation and agreement with the union . where rapid intervention is required in response to a sudden crisis , it is not necessary to produce a full communication and visibility plan immediately . in such situations , however , the union ' s support shall nevertheless be appropriately indicated from the start .


### supporting security sector reform that gradually provides individuals and the state with more effective and accountable security for sustainable development ; ### supporting safety sector reform that gradually provides individuals and the state with more effective and accountable safety for sustainable development ;


### supporting regional and international initiatives contributing to security , stability and peace ; ### supporting regional and international initiatives contributing to safety , stability and peace ;


### preventing and countering radicalisation leading to violent extremism and terrorism ; ### context - specific programmes and actions aiming at preventing and countering radicalisation leading to violent extremism and terrorism . these programmes should be gender sensitive and people centred , anticipate and respond to existing and new local grievances leading to radicalisation , and avoid or respond to any negative impacts ;


### enhancing maritime security to allow for safe , secure , clean and sustainably managed oceans ; ### enhancing maritime safety to allow for safe , secure , clean and sustainably managed oceans ;


### areas of intervention for stability and peace ### areas of intervention for peace building , conflict prevention and stability


### threats to law and order , and to the security and safety of individuals including terrorism , violent extremism , organised crime , cyber - crime , hybrid threats , illicit trafficking , trade and transit ; ### threats to law and order , and to the safety of individuals including terrorism , violent extremism , organised crime , cyber - crime , hybrid threats , illicit trafficking , trade and transit ;


### threats to public spaces , critical infrastructure , cybersecurity , to public health or to environmental stability , maritime security threats , threats deriving from climate change impacts ; ### threats to public spaces , critical infrastructure , cybersecurity , to public health or to environmental stability , maritime safety threats , threats deriving from climate change impacts ;


### rapid response actions to support the objectives set out in point c ) of article 4 shall support union foreign policy across political , economic and security issues . they shall enable the union to act where there is an urgent or imperative foreign policy interest , or a window of opportunity to achieve its objectives , requiring a rapid reaction and which are difficult to address by other means . ### rapid response actions to support the objectives set out in point c ) of article 4 shall support union foreign policy across political , economic and safety issues . they shall enable the union to act where there is an urgent or imperative foreign policy interest , or a window of opportunity to achieve its objectives , requiring a rapid reaction and which are difficult to address by other means .


### support for the union ' s bilateral , regional and inter - regional cooperation strategies , promoting policy dialogue and developing collective approaches and responses to challenges of global concern including migration and security issues , and exploiting windows of opportunity in this regard ; ### support for the union ' s bilateral , regional and inter - regional cooperation strategies , promoting policy dialogue and developing collective approaches and responses to challenges of global concern including migration and safety issues , and exploiting windows of opportunity in this regard ;


### where neither the commission nor other member states have submitted comments to a notified draft measure within the two months referred to in paragraph 3 , the consultation period shall end immediately . ### where neither the commission nor other member states have submitted comments to a notified draft measure within the two months referred to in paragraph 3 , the consultation period shall end immediately . the notifying member state may then proceed to adopt the draft measure without this constituting a breach of article 3 .


### alert ### notice


### before the closure of the consultation period referred to in article 5 , the commission may alert the notifying member state of its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified and of its intention to adopt a decision referred to in article 7 . ### before the closure of the consultation period referred to in article 5 , the commission may issue a notice to the member state explaining in detail its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified .


### the identification of a generalised deficiency requires a qualitative assessment by the commission . that assessment could be based on the information from all available sources and recognized institutions , including judgments of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations and networks , such as the bodies of the council of europe and the european networks of supreme courts and councils for the judiciary . ### the identification of a generalised deficiency requires a qualitative assessment by the commission . that assessment could be based on the information from all available sources and recognized institutions , including conditions and timing of the member state’s adoption , implementation and enforcement of the relevant chapters of the acquis , judgments of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations and networks , such as the bodies of the council of europe and the european networks of supreme courts and councils for the judiciary .


### measures ### conditions for the protection of the union’s budget


### content of measures ### measures for the protection of the union’s budget


### one or more of the following appropriate measures may be adopted ### where the conditions of article 3 are fulfilled , one or more of the following measures may be adopted


### unless the decision adopting the measures provides otherwise , the imposition of appropriate measures shall not affect the obligation of government entities referred to in point of paragraph 1 or of member states referred to in point of paragraph 1 to implement the programme or fund affected by the measure , and in particular the obligation to make payments to final recipients or beneficiaries . ### the imposition of the measures referred to in paragraph 1 shall not affect the obligation of government entities referred to in point of paragraph 1 or of member states referred to in point of paragraph 1 to implement the programme or fund affected by the measure , and in particular the obligation to make payments to final recipients or beneficiaries . article 68 , paragraph 1 , point b of regulation no xxxx shall not apply .


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


### where the commission finds that it has reasonable grounds to believe that the conditions of article 3 are fulfilled , it shall send a written notification to that member state , setting out the grounds on which it based its finding ### where the commission has reasonable grounds to believe that the conditions of article 3 are fulfilled , it shall send a written notification to that member state , setting out the grounds on which it based its finding


### the commission may take into account all relevant information , including decisions of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations . ### before resorting to a written notification pursuant to paragraph 1 , the commission shall take into account all relevant information , including conditions and timing of the member state’s adoption , implementation and enforcement of the relevant chapters of the acquis , decisions of the court of justice of the european union and reports of the court of auditors . it shall also take into account conclusions and recommendations of relevant international organisations , and in particular : the venice commission ' s rule of law checklist , the council of europe recommendation cm / rec 12 ‘ judges : independence , efficiency and responsibilities’ , the venice commission report on the independence of the judicial system part i : the independence of judges 004 ) , the venice commission report on part ii : the prosecution service 040 ) , and the relevant evaluation and compliance reports of the group of states against corruption .


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


### the member state concerned may , at any time , submit to the commission evidence to show that the generalised deficiency as regards the rule of law has been remedied or has ceased to exist . ### the member state concerned may , at any time , submit to the commission evidence to show that the generalised deficiency as regards the rule of law has sufficiently been remedied or has ceased to exist .


### the commission shall assess the situation in the member state concerned . once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part , the commission shall submit to the council a proposal for a decision lifting those measures in full or in part . the procedure set out in paragraphs 2 , 4 , 5 , 6 and 7 of article 5 shall apply . ### at the request of the member state concerned or on its own initiative , the commission shall assess the situation in that member state . once the generalised deficiencies as regards the rule of law which on the grounds of which the measures in question were adopted cease to exist in full or in part , the commission shall submit to the council a proposal for a decision lifting those measures in full or in part . the procedure set out in paragraphs 2 , 4 , 5 , 6 , 6 a and 8 of article 5 shall apply .


### the practises of highgrading and slipping should be prohibited except in cases where exemptions are introduced under the landing obligation . ### the practices of highgrading and slipping should be prohibited . slipping may only be permitted in cases where exemptions are introduced under the landing obligation and only if data collection requirements are introduced alongside to the exemptions .


### the creation of real - time closures in conjunction with moving - on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations . the conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations . ### the creation of real - time closures in conjunction with moving - on provisions as an additional measure for the protection of juveniles or spawning aggregations or sensitive species should be allowed as an option to be developed under joint recommendations . the conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations .


### ensure that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated such that they do not represent a threat to the conservation status of those habitats ; ### ensure that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated ;


### ' high grading ' means the practice of discarding low priced fish that are subject to catch limits , even though they could have been legally landed , so as to maximise the total economic or monetary value of the fish brought back to harbour . ### ' high grading ' means the practice , of discarding low priced fish that are subject to catch limits , even though they ought to have been legally landed , so as to maximise the total economic or monetary value of the fish brought back to harbour .


### paragraph 1 shall not apply to catches of species which are exempted from the application of the landing obligation in accordance with article 15 of regulation no 1380 / 2013 . ### without prejudice to paragraph 1 , slipping may apply to catches of species which are exempted from the application of the landing obligation in accordance with article 15 of regulation no 1380 / 2013


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


### the use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts on sensitive habitats and non - target species . ### the use of innovative fishing gears shall only be permitted when those assessments are finalised and indicate that their use will not lead to negative impacts on sensitive habitats and non - target species .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination , including indirect discrimination , based on sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated and inclusive social , economic and environmental development , and cultural heritage in urban areas ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering the integrated and inclusive social , economic and environmental local development and cultural heritage , including for rural and coastal areas also through community - led local development .


### energy services are fundamental to safeguard the well - being of the union citizens . adequate warmth , cooling , lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens ' health . furthermore , access to these energy services empowers european citizens to fulfil their potential and it enhances social inclusion . energy poor households are unable to afford these energy services due to a combination of low income , high energy expenditure and poor energy efficiency of their homes . member states should collect the right information to monitor the number of households in energy poverty . accurate measurement should assist member states to identify those households affected by energy poverty in order to provide targeted support . the commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between member states . ### energy services are fundamental to safeguard the well - being of the union citizens . adequate warmth , cooling , lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens ' health . furthermore , access to these energy services empowers european citizens to fulfil their potential and it enhances social inclusion . energy poor households are unable to afford these energy services due to a combination of low income , high energy expenditure and poor energy efficiency of their homes . member states should provide mechanisms to support the development of more efficient heating and cooling technologies to tackle energy poverty . member states should collect the right and comparable information to monitor the number of households in energy poverty . accurate measurement using unified standards should assist member states to identify those households at risk of energy poverty in order to provide targeted support . member states should also use the energy poverty measurement figures when reporting on the sustainable development goals , namely goal 7 . 1 on universal access to affordable , reliable and modern energy services . the commission should , taking into account , inter alia , the european energy poverty observer , actively and as a priority support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between member states .


### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia and black start capability ; ### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia for local grid stability , short - circuit current , black start capability and island operation capability .


### - the duration of the contract , the conditions for renewal and termination of services and of the contract , ### - the duration of the contract , the conditions for renewal and termination of services including additional products and / or services and of the contract ,


### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract . ### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract including the need to have an adequate electricity meter installed .


### member states shall ensure that bills fulfil the minimum requirements for billing and billing information as set out in annex ii . the information contained in bills shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers . ### member states shall ensure that bills provided by suppliers fulfil the minimum requirements for billing and billing information as set out in annex ii . settlement statements provided by aggregators and information to active consumers on the electricity fed into the grid or sold from the market participant buying their electricity shall fulfil the requirements set out in points 1 , 2a and 3 of annex ii . the information contained in bills provided by suppliers , distribution system operators and information in settlement statements provided by aggregators shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers .


### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity , inter alia by providing energy management services , developing innovative pricing formulas , or introducing interoperable smart metering systems or smart grids , where appropriate . ### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity . this may be done , inter alia by providing energy management services , developing innovative pricing formulas , or introducing interoperable smart metering systems or smart grids , where appropriate and cost - effective and in accordance with the applicable union data protection legislation .


### member states shall ensure the provision of single points of contact to provide customers with all necessary information concerning their rights , current legislation and the means of dispute settlement available to them in the event of a dispute . such contact points may be part of general consumer information points . ### member states shall ensure the provision of single points of contact to provide customers with all necessary information concerning their rights , current legislation , accredited comparison tools and accredited service providers and the means of dispute settlement available to them in the event of a dispute between the final customer and supplier , distribution system operator , aggregator or any other intermediary . member states shall ensure that final customers are informed about where to find single points of contact . such contact points may be part of general consumer information points and shall provide final customers with swift advice and information about the energy market . in cases where the service provided relies on software , hardware or communication technology , final customers should receive clear information on how to resolve complaint through a single contact point .


### member states shall take appropriate measures , such as formulating national energy action plans , providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers , or providing for support for energy efficiency improvements , to address energy poverty where identified , including in the broader context of poverty . such measures shall not impede the effective opening of the market set out in article 4 or market functioning and shall be notified to the commission , where relevant , in accordance with the provisions of article 9 . such notification may also include measures taken within the general social security system . ### member states shall take appropriate measures , such as formulating national energy action plans , providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers , or providing for support for energy efficiency improvements , for instance by local energy communities , taking into account the assessment undertaken pursuant to section a . 3 . 1 . 2 of annex i of / governance regulation as proposed by com759 / to address energy poverty where identified , including in the broader context of poverty . such measures shall not impede the effective opening of the market set out in article 4 or market functioning and shall be notified to the commission , where relevant , in accordance with the provisions of article 9 . such notification may also include measures taken within the general social security system .


### the decision to grant derogation shall be notified to the agency and the commission along with relevant information about the request and the reasons for granting the derogation . ### by way of derogation from paragraph 1 , member states may allow transmission system operators to own , manage or operate facilities providing non - frequency ancillary services , if two of the following conditions are fulfilled :


### ensuring that customers benefit through the efficient functioning of their national market , promoting effective competition and helping to ensure consumer protection ; ### ensuring that customers benefit through the efficient functioning of their national market , including through their active participation , promoting effective competition and helping to ensure consumer protection ;


### f ### for offers from renewable energy sources , information on the contribution of each energy source to the electricity purchased by the customer , including shares of each renewable energy source by technology and country of origin , share or percentage of consumption met from direct - supply from renewable energy sources producers and own - production by the supplier , and actions creating additional environmental and social benefits , including new investments in renewable energy sources .


### the internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation . a new era of digital innovation continues to provide opportunities for businesses and individuals , creates new products and business models but equally constitutes a challenge to regulation and enforcement . ### the internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation . this is a process that requires far - reaching organisational change and social engagement in order to turn new challenges into an opportunity for inclusion and progress . this new era of digital innovation can provide opportunities for businesses , workers and individuals , and create new products and business models , but equally constitutes a challenge when it comes to regulation and including workers and consumers in the process .


### still , barriers to the proper functioning of the internal market remain and the new obstacles emerge . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens’ trust in the union , in its capacity to deliver , and ability to create jobs and growth while protecting the public interest . ### still , barriers that hinder the proper functioning of the internal market remain , and new obstacles are emerging . adopting rules is only a first step , but making them work is as important . this is ultimately a matter of citizens’ trust in the union , in its capacity to deliver , and in its ability to create quality jobs and sustainable growth while protecting the public interest .


### the programme should support the design , implementation and enforcement of union legislation underpinning the proper functioning of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure the competitiveness of businesses , notably smes , but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools , knowledge and competence to make informed decisions and strengthen their participation in union’s policy - making . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and the improvement of the welfare of animals . ### the programme should support the design , implementation and enforcement of union legislation , underpinning the proper functioning and improvement of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , workers , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure the competitiveness of businesses , notably smes , as well as the creation of quality employment , but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools , knowledge and competence to make informed decisions and strengthen their participation in union’s policy - making . an aim of the programme should also be to respect and adhere to labour law . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and the improvement of the welfare of animals .


### 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 workers . making better use of the ever evolving internal market in services should help european businesses create quality 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 .


### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , internet of things or artificial intelligence . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation . ### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , the internet of things and artificial intelligence . the major challenge in this respect is not strictly a technological one : it is cultural , organisational and social . this entails a commitment to address the digital switchover with the support of all sectors concerned : businesses , workers in the public and private sectors , consumers , administrators , etc . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation .


### public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative , sustainable , inclusive and competitive internal market . directive 2014 / 23 / eu49 of the european parliament and of the council , directive 2014 / 24 / eu50 of the european parliament and of the council and directive 2014 / 25 / eu51 of the european parliament and of the council provide the legal framework for the integration and effective functioning of the public procurement markets representing 14 % of union’s gross domestic product , to the benefit of public authorities , businesses as well as citizens , including consumers . the programme should therefore support measures to ensure a wider uptake of strategic public procurement , the professionalisation of public buyers , improved access to procurement markets for smes , increase of transparency , integrity and better data , boosting the digital transformation of procurement and promotion of joint procurement , through strengthening a partnership approach with the member states , improving data gathering and data analysis including through development of dedicated it tools , supporting exchange of experiences and good practices , providing guidance , pursuing beneficial trade agreements , strengthening cooperation among national authorities and launching pilot projects . __________________ 49 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 50 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . 51 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . ### public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative , sustainable , inclusive and competitive internal market . directive 2014 / 23 / eu49 of the european parliament and of the council , directive 2014 / 24 / eu50 of the european parliament and of the council and directive 2014 / 25 / eu51 of the european parliament and of the council provide the legal framework for the integration and effective functioning of the public procurement markets representing 14 % of union’s gross domestic product , to the benefit of public authorities , businesses as well as citizens , including consumers . the programme should therefore support measures to ensure a wider uptake of strategic public procurement , the professionalisation of public buyers , improved access to procurement markets for smes , social enterprises and enterprise networks , increase of transparency , integrity and better data , boosting the digital transformation of procurement and promotion of joint procurement , through strengthening a partnership approach with the member states , improving data gathering and data analysis including through development of dedicated it tools , supporting exchange of experiences and good practices , providing guidance , pursuing beneficial trade agreements , strengthening cooperation among national authorities , ensuring the participation of the various sectors involved in the programme , and launching pilot projects . __________________ 49 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 50 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . 51 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


### strengthening the competitiveness of european enterprises while reassuring an effective level playing field and an open and competitive internal market is of outmost importance . smes are the engine of the european economy making up 99% of all businesses in europe , providing two thirds of jobs , and contributing substantially to the creation of new jobs with a regional and local dimension . ### strengthening the competitiveness of european enterprises while reassuring an effective level playing field and an open and competitive internal market is of the utmost importance . smes are the engine of the european economy making up 99% of all businesses in europe , providing two thirds of jobs , and contributing substantially to the creation of new jobs with a regional and local dimension . for these reasons , the programme should be geared towards the creation of quality jobs in all sectors .


### the programme should provide effective support for smes throughout their life - cycle . it should build on the unique knowledge and expertise developed with regard to smes and industrial sectors and on a long experience in working with european , national and regional stakeholders . this support should build on the successful experience of the enterprise europe network as a one - stop - shop to improve smes competitiveness and develop their business in the single market and beyond . the network plans to continue delivering services on behalf of other union programmes , notably for the horizon2020 programme , using the financial resources of these programmes . also the mentoring scheme for new entrepreneurs should remain the tool to enable new or aspiring entrepreneurs to gain business experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents . the programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other union initiatives where relevant . ### the programme should provide effective support for smes throughout their life - cycle . it should build on the unique knowledge and expertise developed with regard to smes and industrial sectors and on a long experience in working with european , national and regional stakeholders . this support should build on the experience of the enterprise europe network as a one - stop - shop to improve smes’ competitiveness and develop their business in the single market and beyond . the network plans to continue delivering services on behalf of other union programmes , notably for the horizon2020 programme , using the financial resources of these programmes . also the mentoring scheme for new entrepreneurs should remain the tool to enable new or aspiring entrepreneurs to gain business experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents . the programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other union initiatives where relevant .


### this regulation establishes the programme for improving the functioning of the internal market and the competitiveness of enterprises , including micro , small and medium - sized enterprises and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 . ### this regulation establishes the programme for improving the functioning of the internal market and the competitiveness of enterprises , including micro , small and medium - sized enterprises , social enterprises and social enterprise networks , and the framework for financing of development , production and dissemination of european statistics within the meaning of article 13 of regulation no 223 / 2009 .


### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ; ### to improve and correct the functioning of the internal market , and especially to protect and empower citizens , workers , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , the creation of quality jobs , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ;


### making the internal market more effective , facilitating the prevention and removal of obstacles , supporting the development , implementation and enforcement of the union law in the areas of the internal market for goods and services , public procurement , market surveillance as well as in the areas of company law and contract and extra - contractual law , anti - money laundering , free movement of capital , financial services and competition , including the development of governance tools ; ### making the internal market more effective , environmentally sustainable and socially inclusive , and gearing it towards facilitating the prevention and removal of obstacles , supporting the development , implementation and enforcement of the union law in the areas of the internal market for goods and services , public procurement , market surveillance as well as in the areas of company law and contract and extra - contractual law , anti - money laundering , free movement of capital , financial services and competition , including the development of governance tools ;


### creation of the right conditions to empower all actors of the internal market , including businesses , citizens and consumers , civil society and public authorities through transparent information and awareness raising campaigns , best practice exchange , promotion of good practices , exchange and dissemination of expertise and knowledge and organization of trainings ; ### creation of the right conditions to empower all actors of the internal market , including businesses , especially micro - enterprises and small businesses , workers , citizens and consumers , civil society and public authorities through transparent information and awareness - raising campaigns , best practice exchange , promotion of good practices , exchange and dissemination of expertise and knowledge and organisation of training ;


### provision of mechanisms for citizens , consumers , end - users , civil society and businesses representatives from the union to contribute to political discussions , policies and decision making process , notably by supporting the functioning of representative organisations at national and the union level ; ### provision of mechanisms for citizens , consumers , end - users , workers and their representatives , civil society and businesses representatives from the union to contribute to political discussions , policies and decision making process , notably by supporting the functioning of representative organisations at national and the union level ;


### to provide various forms of support to smes ; ### to provide various forms of support to smes , micro - enterprises , social enterprises and enterprise networks made up of smes and micro - enterprises ;


### the main long - term incentive from this directive for the capture and storage of co2 , new renewable energy technologies and breakthrough innovation in low - carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for co2 emissions which are permanently stored or avoided . in addition , to supplement the resources already being used to accelerate demonstration of commercial ccs facilities and innovative renewable energy technologies , eu ets allowances should be used to provide guaranteed rewards for deployment of ccs facilities , new renewable energy technologies and industrial innovation in low - carbon technologies and processes in the union for co2 stored or avoided on a sufficient scale , provided an agreement on knowledge sharing is in place . the majority of this support should be dependent on verified avoidance of greenhouse gas emissions , while some support may be given when pre - determined milestones are reached taking into account the technology deployed . the maximum percentage of project costs to be supported may vary by category of project . ### the main long - term incentive from this directive for new renewable energy technologies and breakthrough innovation in sustainable low - carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for co2 emissions which are permanently stored or avoided . in addition , to supplement the resources already being used to accelerate demonstration of innovative renewable energy technologies , eu ets allowances should be used to provide guaranteed rewards for deployment of new renewable energy technologies and industrial innovation in sustainable low - carbon technologies and processes in the union for co2 stored or avoided on a sufficient scale , provided an agreement on knowledge sharing is in place . the majority of this support should be dependent on verified avoidance of greenhouse gas emissions , while some support may be given when pre - determined milestones are reached taking into account the technology deployed . the maximum percentage of project costs to be supported may vary by category of project .


### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec . ### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised while also taking account of the survival of fishermen and fisherwomen ; if this ecosystem - based fisheries management jeopardises jobs in the sector , other measures designed to mitigate adverse socio - economic impacts must be adopted in parallel , and continue until fishing activity can be fully restored . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec .


### when scientific advice indicates that for a given year the spawning biomass of any of the stocks in group 1 is below the msy btrigger or that the abundance of any of the functional units in group 2 is below the abundancebuffer set out in annex ii , column a , all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing maximum sustainable yield . in particular , by way of derogation from article 4 fishing opportunities shall be set at levels consistent with a fishing mortality , taking into account the decrease in biomass or abundance , that is reduced below the range laid down in annex i , column a . ### when scientific advice indicates that for a given year the spawning biomass of any of the fish populations affected by this regulation is declining , and below levels that are capable of producing the maximum sustainable yield , all activities affecting the species concerned in a negative way shall be suspended until its population has fully recovered .


### periodic measurements of so2 , nox and particulate matter shall be required at least every three years for medium combustion plants the rated thermal input of which is greater than 1 mw and less than 20 mw , and at least annually for medium combustion plants the rated thermal input of which is equal to or greater than 20 mw but less than 50 mw . ### continuous measurements of so2 , nox , particulate matter , carbon monoxide , total organic carbon and ammonia shall be required for medium combustion plants .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### digitally supporting the registration of companies and branches and the filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with the highest assurance level defined in regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means in conjunction with means necessary to verify the identity of key persons in the company and validity of documents , such as videoconferencing and validation procedures for original documents . a procedure should also be defined by the commission for certifying the achievement of these schemes of the highest assurance level . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 and which achieve the highest assurance level as defined by article 8 should be recognised . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means if certified schemes are available which achieve the highest assurance level for the identity of key persons in the company and validity of documents . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### as a first step in a company’s lifecycle , it should be possible to establish and register companies fully online . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . in any event , member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form . ### as a first step in a company’s lifecycle , it should be possible to use digital tools to support the establishment and registration of companies . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . furthermore , the commission and member states should be able to exempt specific sectors in which a higher than average risk of establishment of companies for fraudulent purposes . finally , only natural persons and not legal persons should be allowed to use these procedures , given the difficulties in tracing the real locus of ownership and control in groups structures . in any event , member states should lay down detailed rules of digitally enhanced registration . it should be possible to carry out digitally enhanced registration with the submission of documents in electronic form given the availability of procedures guaranteeing the highest assurance level of the identity of key persons in the company and validity of documents .


### member states shall ensure that companies are able to file online the documents and information , as referred to in article 14 , including any modification thereof , with the register within the time limit provided by the laws of the member state where the company is to be registered . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant , or his representative to appear in person before any competent authority or before any other person or body dealing with the online filing , subject to the proviso laid down in article 13b . ### member states shall allow the online filing of the documents and information , as referred to in article 14 , including any modification thereof , only if the commission has certified the electronic identification scheme and information provision system as fulfilling the highest assurance standard . member states shall ensure that such filing may be completed online and without the necessity for the applicant , or his representative to appear in person before the body or authority dealing with the online filing only in conjunction with a procedure certified by the&#160 ; commission as meeting the highest assurance level for verifying the authenticity of documents and identify of any and all new persons taking part in the administration , supervision or control of the company , all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings subject to the provision laid down in article 13b . member states shall ensure that the origin and integrity of the documents filed online may be verified electronically .


### information on any branches opened by the company in another member state including the name , registration number , euid and the member state where the branch is registered . ### information on any branches opened by the company in another member state including the name , registration number , euid and the member state where the branch is registered . member states shall make further information and documents available free of charge when extracted by electronic means . furthermore , member states shall ensure that searches may be performed in registries free of charge on specific persons , companies , sectors or places of registration .


### pepp providers should draw up a pension benefit statement addressed to pepp savers , in order to present them with key personal and generic data about the pepp scheme and to ensure continuous information on it . the pension benefit statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility . ### pepp providers should draw up a pension benefit statement addressed to pepp savers , in order to present them with key personal and generic data about the pepp scheme and to ensure continuous information on it . the pension benefit statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility . the pension benefit statement shall be provided annually to the pepp saver .


### all documents and information under this chapter shall be provided to pepp customers electronically , provided that the pepp customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored . upon request , pepp providers and distributors shall provide free of charge those documents and information also on another durable medium . ### pepp customers shall have the choice to receive all documents and information under this chapter free of charge either electronically , in another durable medium or in both forms .


### before a pepp is proposed to pepp savers , the pepp provider shall draw up for that product a pepp key information document in accordance with the requirements of this chapter and shall publish the document on its website . ### before a pepp is proposed to pepp savers , the pepp provider shall draw up for that product a pepp key information document in accordance with the requirements of this chapter .


### the pepp benefit statement shall include , at least , the following key information for pepp savers : ### the pepp benefit statement , which shall be provided at least annually to the pepp saver , shall include , at least , the following key information for pepp savers :


### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 1 . 5 % of the positive balance to be transferred to the receiving pepp provider . ### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 0 , 25 % of the positive balance to be transferred to the receiving pepp provider and shall in any case not exceed € 150 .


### market surveillance activities should be thorough and effective , to ensure that union harmonisation legislation on products is applied correctly . given that controls may represent a burden for economic operators , market surveillance authorities should organise and conduct inspection activities , taking their interests into account and limiting the said burden to what is necessary for the performance of efficient and effective controls . furthermore , market surveillance activities should be performed with the same level of care by the competent authorities of the member state irrespective of whether non - compliance of the given product is relevant on the territory of that member state or is likely to have an impact on the market of another member state . ### market surveillance activities should be thorough and effective , to ensure that union harmonisation legislation on products is applied correctly . given that controls may represent a burden for economic operators , market surveillance authorities should organise and conduct inspection activities taking the interests of those operators into account , and limiting the said burden to what is necessary for the performance of efficient and effective controls . furthermore , market surveillance activities should be performed with the same level of care by the competent authorities of the member state irrespective of whether non - compliance of the given product is relevant on the territory of that member state or is likely to have an impact on the market of another member state .


### procedures for monitoring any accidents or any harm to the health or safety of end - users which are suspected of having been caused by such products ; ### procedures for monitoring any accidents or any harm to the health or safety of end - users which are suspected of having been caused by such products ; to ensure consistency , the commission shall set up a pan - european harmonised database for the collection of accident and injury data .


### until 31 december 2014 , member states shall carry out checks at least every 5 years to verify that undertakings fulfil the requirements laid down in article 3 . ### in article 12 the first subparagraph is amended as follows : ' 2 . member states shall carry out checks at least every 2 years to verify that undertakings fulfil the requirements laid down in article 3 . '


### international carriage shall be carried out subject to possession of a community licence and , if the driver is a national of a third country , in conjunction with a driver attestation . ### article 3 is amended as follows : ' international carriage shall be carried out subject to the possession of a smart tachograph as stipulated in chapter ii of regulation no 165 / 2014 ; a community licence and , if the driver is a national of a third country , in conjunction with a driver attestation . '


### to ensure that union level training for law enforcement personnel is of high quality , coherent and consistent , cepol should strive to structure it in line with the principles of the law enforcement training scheme . union - level training should be available to law enforcement officers of all ranks . cepol should ensure that training is evaluated and that conclusions from training needs assessments are part of planning to enhance effectiveness of future actions . cepol should promote the recognition in member states of training provided at union level . ### to ensure that union level training for law enforcement personnel is of high quality , coherent and consistent , cepol should strive to structure it in line with the principles of the law enforcement training scheme , whilst putting particular emphasis on the jurisprudence of the european court of human rights with regard to the protection of human rights and fundamental freedoms in the context of law enforcement . union - level training should be available to law enforcement officers of all ranks . cepol should ensure that training is evaluated and that conclusions from training needs assessments are part of planning to enhance effectiveness of future actions . cepol should promote the recognition in member states of training provided at union level .


### to ensure the scientific quality of cepol’s work , a scientific committee , composed of independent persons of the highest academic or professional standing in the subjects covered by this regulation , should be set up as an independent advisory body . ### to ensure the scientific quality of cepol’s work , a scientific committee , composed of independent persons of the highest academic or professional standing in the subjects covered by this regulation , in particular with regard to the protection of human rights and fundamental freedoms in the context of law enforcement , should be set up as an independent advisory body .