### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . ### eib financing operations supporting the general objectives set out in point of paragraph 1 of this decision shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention , as referred to in article 9 of that agreement , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . the provision of such scaled - up financial contribution by eib shall aim to achieve a balance between mitigation and adaptation taking in due account country - driven strategies , priorities and needs of developing countries .


### member states shall evaluate and approve the waste reception and handling plan , monitor its implementation and ensure its re - approval at least every three years after it has been approved or re - approved , and after significant changes in the operation of the port have taken place . these changes shall include , but not be limited to , structural changes in traffic to the port , development of new infrastructure , changes in the demand and provision of port reception facilities , and new on - board treatment techniques . ### member states shall evaluate and approve the waste reception and handling plan , monitor its implementation , ensure that cleaning , catering , logistics and passenger and goods traffic management employees at the ports included in the plan receive a training session or at least an information session on how the plan will work in practice and ensure its re - approval at least every five years after it has been approved or re - approved , and after significant changes in the operation of the port have taken place . these changes shall include , but not be limited to , structural changes in traffic to the port , development of new infrastructure , changes in the demand and provision of port reception facilities , and new on - board treatment techniques .


### member states shall lay down of the rules on penalties applicable to infringements of national provisions adopted pursuant to this directive and shall take all the measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down of the rules on penalties applicable to infringements of national provisions adopted pursuant to this directive and shall take all the measures necessary to ensure that they are implemented . the penalty regime shall not include lighter sanctions than those applied for public health or environmental infractions or crimes . the penalties provided for shall be effective , proportionate and dissuasive .


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


### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ; ### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , moth - balling , new - build of generation assets , measures to reach energy efficiency targets , measures to reach electricity interconnection targets and appropriate sensitivities on wholesale prices and carbon price developments ;


### management board of regional operational centres ### management board of regional security coordinators


### in order to adopt measures related to their governance and to monitor their performance , the regional operational centres shall establish a management board . ### in order to adopt measures related to their governance and to monitor their performance , the regional security coordinators shall establish a management board .


### regional operational centres shall establish a process for the continuous monitoring of at least : ### regional security coordinators shall establish a process for the continuous monitoring of at least :


### the objective of union policy in the field of external border management is to develop and implement european integrated border management at national and union level , which is a necessary corollary to the free movement of persons within the union and is a fundamental component of an area of freedom , security and justice . european integrated border management is central to improving migration management and ensuring a high level of internal security within the union . ### the objective of union policy in the field of external border management is to develop and implement european integrated border management at national and union level , which is a necessary corollary to the free movement of persons and goods within the union and is a fundamental component of an area of freedom , security and justice , and economic prosperity . european integrated border management is central to improving migration management and ensuring a high level of internal security within the union , in addition to helping to ensure and enable good transport , logistics and infrastructure links across external borders .


### to ensure the effective implementation of the european integrated border management , a european border and coast guard should be established . the european border and coast guard , which comprises the european border and coast guard agency and national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , relies upon the common use of information , capabilities and systems at national level and the response of the european border and coast guard agency at union level . ### to ensure the european union and its member states’ international obligations are kept , a civilian body with the task of carrying out search and rescue operations , in close cooperation with ngos and other organizations , as well as facilitating the access to international protection of those in need of it , should be established .


### european integrated border management is a shared responsibility of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . while member states retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all member states which have abolished internal border control , the european border and coast guard agency should ensure the application of union measures relating to the management of the external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures . ### european integrated border management is a shared responsibility of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks . while member states retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all member states which have abolished internal border control , the european border and coast guard agency should ensure the application of union measures relating to the management of the external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures .


### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions . ### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions while ensuring full respect of human rights in their actions and activities and the fulfilment of asylum obligations and commitments of each member state .


### at particular areas of the external borders where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from member states by the european border and coast guard agency and the european asylum support office , and from europol or other relevant union agencies , as well as experts from the staff of the european border and coast guard agency . the european border and coast guard agency should assist the commission in the coordination among the different agencies on the ground . ### at particular areas of the external borders where member states face migratory pressures characterised by influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from member states to ensure fundamental rights are respected and international obligations and principles are respected . in these areas migrants and asylum seekers will be assisted in their immediate needs with a gender - sensitive approach by fundamental rights and child protection experts , and distributed to different member states , and will not be placed under detention .


### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . ### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , including the restriction of free movement of persons and goods through road , maritime and rail freight routes as set by the pillars of the eu ten - t and connecting europe policies , unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned .


### national authorities carrying out coast guard functions are responsible for a wide range of tasks , including but not limited to maritime safety , security , search and rescue , border control , fisheries control , customs control , general law enforcement and environmental protection . the european border and coast guard agency , the european fisheries control agency established by council regulation no 768 / 2005 16 and the european maritime safety agency established by regulation no 1406 / 2002 of the european parliament and of the council 17 should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost - efficient action . __________________ 16 council regulation no 768 / 2005 of 26 april 2005 establishing a community fisheries control agency and amending regulation no 2847 / 93 establishing a control system applicable to the common fisheries policy . 17 regulation no 1406 / 2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency . ### national authorities carrying out coast guard functions are responsible for a wide range of tasks , including but not limited to maritime safety , security , search and rescue , border control , fisheries control , customs control , general law enforcement and environmental protection . the european border and coast guard agency , the european fisheries control agency established by council regulation no 768 / 2005 16 and the european maritime safety agency established by regulation no 1406 / 2002 of the european parliament and of the council 17 should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost - efficient action ; synergies between the various actors in the maritime environment should be in line with the eu’s integrated border management and maritime security strategy . __________________ 16 council regulation no 768 / 2005 of 26 april 2005 establishing a community fisheries control agency and amending regulation no 2847 / 93 establishing a control system applicable to the common fisheries policy . 17 regulation no 1406 / 2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency .


### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries . ### the cooperation between member states and third countries concerning migration and asylum will be based only on providing legal and safe routes to access the european union , and in no way will there be military or police cooperation with third countries to try to reduce the number of persons reaching the eu .


### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states . ### this regulation establishes an independent complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency and its staff . this should be a full , independent , effective and accessible individual mechanism whereby the agency’s fundamental rights officer participates . the independent complaint mechanism should review the admissibility of a complaint , register and deal accordingly with all admissible complaints , forward all registered complaints to the agency’s executive director , forward complaints concerning border and coast guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states .


### the european border and coast guard agency and the national authorities of member states which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall constitute the european border and coast guard . ### the european border agency and the national authorities of member states which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall constitute the european border and coast guard .


### set up a technical equipment pool to be deployed in joint operations , rapid border interventions and in the framework of migration management support teams , as well as in return operations and return interventions ; ### set up a technical equipment pool to be deployed in joint operations , rapid border interventions and in the framework of migration management support teams ;


### member states shall report to the agency on that operational cooperation with other member states and / or third countries at the external borders and in the field of return . the executive director of the agency shall inform the management board of the agency on those matters on a regular basis and at least once a year . ### member states shall report to the agency on that operational cooperation with other member states . the executive director of the agency shall inform the management board of the agency on those matters on a regular basis and at least once a year .


### member states shall take results of the risk analysis into account when planning their operations and activities at the external borders as well as their activities with regard to return . ### member states shall take results of the risk analysis into account when planning their operations and activities at the eu external borders .


### the agency shall ensure regular monitoring of the management of the external borders through liaison officers of the agency in member states . ### the agency shall ensure regular monitoring of the management of the eu external borders through liaison officers in member states .


### assist the member states in preparing their contingency plans ; ### assist , if requested by the member states , in preparing their contingency plans ;


### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism . ### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders , including on the proper functioning of cross - border transport , logistics and infrastructure links , and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism .


### member states may request the agency for assistance in implementing their obligations with regard to the control of the external borders . the agency shall also carry out measures as referred to in article 18 . ### member states may request the agency for assistance in implementing the control of their eu external borders .


### a request by a member state to launch a rapid border intervention shall include a description of the situation , possible aims and envisaged needs . if required , the executive director may immediately send experts from the agency to assess the situation at the external borders of the member state concerned . ### a request by a member state to launch a rapid border intervention shall include a description of the situation , possible aims , envisaged needs and full justification of their compliance with national , european and international law in regards of respect of fundamental rights and the relevant obligations of the member state and the union . if required , the executive director may immediately send experts to assess the situation at the eu external borders of the member state concerned .


### deployment of the rapid reserve pool shall take place no later than three working days after the date on which the operational plan is agreed between the executive director and the host member state . additional deployment of european border and coast guard teams , shall take place where necessary , within five working days of the deployment of the rapid reserve pool . ### deployment of the rapid reserve pool shall take place no later than three working days after the date on which the operational plan is agreed between the executive director and the host member state . additional deployment of european border and coast guard teams , shall take place where necessary , within five working days of the deployment of the rapid reserve pool , again after approval of the host member state .


### where a member state faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows , that member state may request the operational and technical reinforcement by migration management support teams . that member state shall submit a request for reinforcement and an assessment of its needs to the agency and other relevant union agencies in particular the european asylum support office and europol . ### where a member state faces disproportionate migratory and asylum responsibilities , that member state may request the operational and technical reinforcement by migration management support teams . that member state shall submit a request for reinforcement and an assessment of its needs to the agency and other relevant union agencies in particular the european asylum support office and the european union agency for fundamental rights .


### the operational and technical reinforcement provided by the european border and coast guard teams , the european return intervention teams and experts from the agency’s staff in the framework of the migration management support teams , may include : ### the operational and technical reinforcement provided by the european border agency teams in close and constant cooperation with the european asylum support office and the national competent authorities of the concerned member state and experts from the agency ' s staff in the framework of the migration management support teams , may include :


### members of the teams shall , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , including access to asylum procedures , and human dignity . any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### members of the teams shall at all times , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , including access to asylum procedures , and human dignity . any actions and measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of gender , racial or ethnic origin , religion or belief , disability , age , gender identity and sexual orientation or nationality .


### the executive director shall evaluate the results of the joint operations and rapid border interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future joint operations and rapid border interventions , and it shall include it in its consolidated annual activity report . ### the executive director shall evaluate the results of the joint operations , rapid border interventions , pilot projects , migration management support teams , return operations , return interventions and operational cooperation with third countries , including with regard to the respect of fundamental rights and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer and the frontex consultative forum . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future activities , and it shall include it in its consolidated annual activity report .


### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency . ### the agency shall , in cooperation with the appropriate training entities of the member states , the european asylum support office and the european union agency for fundamental rights , develop specific training tools and provide border and coast guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers and on the preconditions for action in full respect of fundamental rights . experts from the staff of the agency , of the european asylum support office and the european union agency for fundamental rights shall conduct regular exercises with those border and coast guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency .


### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions . ### the agency shall proactively monitor research and innovation activities relevant to the eu external borders .


### the agency shall assist the member states and the commission in identifying key research themes . the agency shall assist the commission in the definition and accomplishment of the relevant union framework programmes for research and innovation activities . ### the agency shall assist the member states and the commission in identifying key research themes . the agency shall assist the commission in the definition of the relevant union framework programmes for research and innovation activities .


### where such damage is caused by gross negligence or willful misconduct , the host member state may approach the home member state in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home member state . ### 2 . where such damage is caused by gross negligence or willful misconduct , the host member state or the agency may approach the home member state in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home member state .


### the modalities of the cooperation on coast guard functions of the european border and coast guard agency with the european fisheries control agency and the european maritime safety agency shall be determined in a working arrangement , in accordance with the financial rules applicable to the agencies . ### the modalities , conditions and limits of the cooperation on coast guard functions of the european border and coast guard agency with the european fisheries control agency and the european maritime safety agency shall be determined by the commission and submitted to the council and the european parliament for approval . financial rules applicable to the agencies shall apply .


### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation . ### the agency may also , with the agreement of the member states concerned invite non - military observers from democratic third countries to participate in its activities , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned and the host member state . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation .


### the agency shall invite the european asylum support office , the european union agency for fundamental rights , the united nations high commissioner for refugees and other relevant organisations to participate in the consultative forum . on a proposal by the executive director , the management board shall decide on the composition and the working methods of the consultative forum and the modalities of the transmission of information to the consultative forum . ### the agency shall invite the european asylum support office , the european union agency for fundamental rights , the united nations high commissioner for refugees , human rights ngos and other relevant organisations to participate in the consultative forum . on a proposal by the executive director , the management board shall decide on the composition of the consultative forum and the modalities of the transmission of information to the consultative forum . the consultative forum shall set up its working programme and working methods .


### the agency , in cooperation with the fundamental rights officer , shall take the necessary measures to set up a complaint mechanism in accordance with this article to monitor and ensure the respect for fundamental rights in all the activities of the agency . ### the agency , in cooperation with the fundamental rights officer , shall take the necessary measures to set up a full , independent , effective and accessible individual complaint mechanism in accordance with this article to monitor and ensure full respect , protection and fulfilment of fundamental rights in all the activities of the agency .


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . ### the independent complaint body shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer with the independent complaint body shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints within three weeks to the executive director , forward complaints concerning border guards to the home member state or third country , including the relevant authority or body competent for fundamental rights , and register and ensure the follow - up by the agency , that member state or that third country . the independent complaint body shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . in case a complaint is found to be inadmissible , it shall inform the complainant of the reasons thereof . any decision shall be in written form and reasoned .


### in accordance with the right to good administration , if a complaint is admissible , complainants shall be informed that a complaint has been registered , that an assessment has been initiated and that a response may be expected as soon as it becomes available . if a complaint is not admissible , complainants shall be informed of the reasons and provided with further options for addressing their concerns . ### in accordance with the right to good administration , if a complaint is admissible , complainants shall be informed that a complaint has been registered , that an assessment has been initiated and that a response may be expected as soon as it becomes available . if a complaint is not admissible , complainants shall be informed of the reasons and provided with further options for addressing their concerns . admissible complaints shall be shared with national ombudsmen , as set forth by the european ombudsman , as well as other relevant bodies competent in the area of fundamental rights .


### any personal data contained in a complaint shall be handled and processed by the agency and the fundamental rights officer in accordance with regulation no 45 / 2001 and by member states in accordance with directive 95 / 46 / ec and council framework decision 2008 / 977 / jha . ### any personal data contained in a complaint shall be handled and processed by the agency and the fundamental rights officer in accordance with regulation no 45 / 2001 and by member states in accordance with directive 95 / 46 / ec and council framework decision 2008 / 977 / jha . with due respect to data protection standards and obligations , independence in the handling of complaints shall be guaranteed through the oversight of relevant institutions such as the office of the european ombudsman .


### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and the [ european criminal records information system for third - country nationals ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal , a shared biometric matching service , a common identity repository and a multiple - identity detector should be established as interoperability components . ### with a view to the management of the external borders , interaction between eu information systems , namely [ the entry / exit system ] , the visa information system , [ the european travel information and authorisation system ] , the schengen information system , should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal should be established maintaining all the requirements of the existing legal instruments , namely access rights and purpose limitation .


### the interoperability between the eu information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons , contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen and simplify the data security and data protection safeguards that govern the respective eu information systems , streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] . ### the interconnectivity between the eu information systems should allow said systems to crosscheck each other in order to contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen the data security and data protection safeguards that govern the respective eu information systems .


### the interoperability components should cover the ees , the vis , the [ etias ] , eurodac , the sis , and the [ ecris - tcn system ] . they should also cover the europol data to the extent of enabling it to be queried simultaneously with these eu information systems . ### the interconnectivity components should cover the ees , the vis , the [ etias ] and the sis .


### the european search portal should be established to facilitate technically the ability of member state authorities and eu bodies to have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu information systems in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems . ### the european search portal should be established to facilitate technically the ability of member state authorities and eu bodies to have fast , seamless , efficient , systematic and controlled access to the relevant eu information systems , always in accordance with their access rights and purpose limitations . enabling the simultaneous querying of all relevant eu information systems in parallel , in full respect of the access control and data protection requirements of the underlying systems , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly .


### the systems established by regulation 2017 / 2226 of the european parliament and of the council54 , regulation no 767 / 2008 of the european parliament and of the council55 , [ the etias regulation ] for the management of the borders of the union , the system established by [ the eurodac regulation ] to identify the applicants for international protection and combat irregular migration , and the system established by [ the ecris - tcn system regulation ] require in order to be effective to rely on the accurate identification of the third - country nationals whose personal data are stored therein . _________________ 54 regulation 2017 / 2226 of the european parliament and of the council of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 55 regulation no 767 / 2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . ### the systems established by regulation 2017 / 2226 of the european parliament and of the council54 and regulation no 767 / 2008 of the european parliament and of the council55 require in order to be effective to rely on the accurate identification of the third - country nationals whose personal data are stored therein . _________________ 54 regulation 2017 / 2226 of the european parliament and of the council of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 55 regulation no 767 / 2008 of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas .


### eu - lisa should establish automated data quality control mechanisms and common data quality indicators . eu - lisa should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by member states of eu information systems . the common quality indicators should include the minimum quality standards to store data in the eu information systems or the interoperability components . the goal of such a data quality standards should be for the eu information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating member state is able to verify the data and carry out any necessary remedial actions . ### eu - lisa should establish automated data quality control mechanisms and common data quality indicators . eu - lisa should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by member states of eu information systems . the common quality indicators should include the minimum quality standards to store data in the eu information systems . the goal of such a data quality standards should be for the eu information systems to automatically identify apparently incorrect or inconsistent data submissions so that the originating member state is able to verify the data and carry out any necessary remedial actions .


### the national supervisory authorities established in accordance with [ regulation 2016 / 679 ] should monitor the lawfulness of the processing of personal data by the member states , whilst the european data protection supervisor as established by regulation no 45 / 2001 should monitor the activities of the union institutions and bodies in relation to the processing of personal data . the european data protection supervisor and the supervisory authorities should cooperate with each other in the monitoring of the processing of personal data by interoperability components . ### the national supervisory authorities established in accordance with regulation 2016 / 679 or directive 2016 / 680 should monitor the lawfulness of the processing of personal data by the member states , whilst the european data protection supervisor as established by regulation no 45 / 2001 should monitor the activities of the union institutions and bodies in relation to the processing of personal data . the european data protection supervisor and the supervisory authorities should cooperate with each other in the monitoring of the processing of personal data .


### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability . ### processing of personal data for the purposes of this regulation shall not result in discrimination against persons on any grounds such as sex , social , racial or ethnic origin , religion or belief , disability , age or sexual orientation . it shall fully respect human dignity and integrity . particular attention shall be paid to children , the elderly and persons with a disability .


### the logs may be used only for data protection monitoring , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased . ### the logs may be used only for data protection monitoring and monitoring the impact on fundamental rights , including checking the admissibility of a query and the lawfulness of data processing , and for ensuring data security pursuant to article 42 . those logs shall be protected by appropriate measures against unauthorised access and erased one year after their creation , unless they are required for monitoring procedures that have already begun . the logs referred to in paragraph 1 shall be erased once the data is erased .


### a central infrastructure , including a search engine and the storage of the data referred to in article 13 ; ### a search engine in order to query the relevant eu databases with the data referred to in article 13 ;


### in accordance with national rules or with regulation 2016 / 794 or , when applicable , regulation 45 / 2001 , the identifying mark of the person who carried out the query . ### in accordance with national rules or when applicable , regulation 45 / 2001 , the identifying mark of the person who carried out the query , the name of the authority which requested the query and of the official who ordered it ;


### without prejudice to paragraph 4 , the authority responsible for verification of different identities shall have access to the related data contained in the relevant identity confirmation file and to the identity data linked in the common identity repository and , where relevant , in the sis , and shall assess the different identities and shall update the link in accordance with articles 31 , 32 and 33 and add it to the identity confirmation file without delay . ### without prejudice to paragraph 4 , the authority responsible for verification of different identities shall have access to the related data contained in the relevant identity confirmation file and to the identity data linked in the common identity repository and , where relevant , in the sis , and shall assess the different identities and shall update the link in accordance with articles 31 , 32 and 33 and add it to the identity confirmation file without delay , in any case within 24 hours .


### the identity confirmation files and its data , including the links , shall be stored in the multiple - identity detector only for as long as the linked data is stored in two or more eu information systems . ### the identity confirmation files and its data , including the links , shall be deleted after their use , except if there is a green link .


### eu - lisa shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the member states . eu - lisa shall also provide a regular report to the commission covering the issues encountered and the member states concerned . ### eu - lisa shall provide regular reports on the automated data quality control mechanisms and procedures and the common data quality indicators to the member states and the european data protection board . eu - lisa shall also provide a regular report to the commission covering the issues encountered and the member states concerned .


### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor . ### without prejudice to the notification and communication of a personal data breach pursuant to article 33 of regulation 2016 / 679 , article 30 of directive 2016 / 680 , or both , member states shall notify the commission , eu - lisa and the european data protection supervisor of security incidents . in the event of a security incident in relation to the central infrastructure of the interoperability components , eu - lisa shall notify the commission and the european data protection supervisor as well as national supervisory authorities concerned .


### right of access , correction and erasure ### right of access to , rectification , completion and erasure of personal data , and of restriction of the processing thereof


### the development shall consist of the elaboration and implementation of the technical specifications , testing and overall project coordination . ### the development shall consist of the elaboration and implementation of the technical specifications , testing and overall project coordination , including the provision of technical solutions that would exclude the creation of links on eu or dual citizens that are recorded in the sis or for types of alerts that are not relating to terrorist offences or serious criminal offences as defined in the present regulation .


### the duly authorised staff of the competent authorities of member states , the commission and eu - lisa shall have access to consult the following data related to the european search portal , solely for the purposes of reporting and statistics without enabling individual identification : ### the duly authorised staff of the&#160 ; competent authorities of member states , the commission and eu - lisa shall have&#160 ; access to consult the following data related to the european search portal&#160 ; , solely for the purposes of reporting and statistics without enabling&#160 ; individual identification and in accordance with the&#160 ; safeguards related to non - discrimination referred to in article 5 :


### a consolidated list of those authorities shall be published in the official journal of the european union within a period of three months from the date on which each interoperability component commenced operations in accordance with article 62 . where there are amendments to the list , eu - lisa shall publish an updated consolidated list once a year . ### a consolidated list of those authorities shall be published in the official journal of the european union within a period of three months from the date on which each interoperability component commenced operations in accordance with article 62 . where there are amendments to the list , eu - lisa shall publish an updated consolidated list once a year . the list shall include the date of notification for each authority listed .


### a delegated act adopted pursuant to articles 8 and 9 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of [ two months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ two months ] at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 8 , 9 and 28 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of [ three months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ two months ] at the initiative of the european parliament or of the council .


### by [ six months after the entry into force of this regulation — opoce , please replace with the actual date ] and every six months thereafter during the development phase of the interoperability components , eu - lisa shall submit a report to the european parliament and the council on the state of play of the development of the interoperability components . once the development is finalised , a report shall be submitted to the european parliament and the council explaining in detail how the objectives , in particular relating to planning and costs , were achieved as well as justifying any divergences . ### by [ six months after the entry into force of this regulation — opoce , please replace with the actual date ] and every six months thereafter during the development phase of the interoperability components , eu - lisa shall submit a report to the edps , european parliament and the council on the state of play of the development of the interoperability components . once the development is finalised , a report shall be submitted to the european parliament and the council explaining in detail how the objectives , in particular relating to planning and costs , were achieved as well as justifying any divergences .


### four years after the start of operations of each interoperability component and every four years thereafter , eu - lisa shall submit to the european parliament , the council and the commission a report on the technical functioning of the interoperability components , including the security thereof . ### four years after the start of operations of each interoperability component and every four years thereafter , eu - lisa shall submit to the edps , european parliament , the council and the commission a report on the technical functioning of the interoperability components , including the security thereof .


### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; ### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , type of production , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ;


### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; ### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; if a novel food consists of , or contains ingredients in the form of engineered nanomaterials , this shall be clearly indicated in the list of ingredients , and the names of such ingredients shall be followed by the word ' nano ' in brackets ;


### scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; ### conclusive scientific evidence produced by independent bodies demonstrating that the novel food does not pose a safety risk to human health or the environment ;


### whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health in the union . ### whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health , animal health and welfare , or the environment in the union .


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , including the marine environment and wildlife , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy , reducing resource dependence in the union and increasing resource efficiency .


### many member states have not yet completely developed the necessary waste management infrastructure . it is therefore essential to set clear policy objectives in order to avoid locking recyclable materials at the bottom of the waste hierarchy . ### many member states have not yet completely developed the necessary waste management infrastructure for recycling . it is therefore essential to set clear policy objectives for the construction of waste treatment facilities and installations needed for prevention , reuse and recycling , in order to avoid locking recyclable materials at the bottom of the waste hierarchy and to set incentives for investments into an innovative waste management infrastructure for recycling .


### with the combination of recycling targets and landfill restrictions laid down in directives 2008 / 98 / ec and 1999 / 31 / ec , the union targets for energy recovery and the recycling targets for packaging waste laid down in directive 94 / 62 / ec are no longer necessary . ### with the combination of recycling targets and landfill restrictions laid down in directives 2008 / 98 / ec and 1999 / 31 / ec , the union targets for energy recovery and the recycling targets for packaging waste laid down in directive 94 / 62 / ec are no longer necessary . energy recovery could , however , still be an option for the management of packaging and packaging waste only when it is technically , economically and environmentally justified , which will require a careful environmental impact assessment that will have studied the environmental impact of the packaging at all stages .


### this directive sets long - term objectives for the union’s waste management and gives the economic operators and the member states a clear direction for the necessary investments to attain the objectives of this directive . in developing their national waste management strategies and planning investments in waste management infrastructure , member states should make a sound use of the european structural and investment funds in line with the waste hierarchy by promoting prevention , re - use and recycling . ### this directive sets long - term objectives for the union’s waste management and gives the economic operators and the member states a clear direction for the necessary investments to attain the objectives of this directive . in developing their national waste management strategies and planning investments in waste management infrastructure , member states should make a sound use of the european structural and investment funds in line with the waste hierarchy by promoting , as a priority , prevention and re - use , followed by recycling . european structural and investment funds should not be used for financing incinerators or landfills .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . the quality check report should be drawn up in accordance with a harmonised format .


### 85% of paper and cardboard . ### 90% of paper and cardboard .


### member states shall , where appropriate , encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials . ### in article 6 , paragraph 4 is replaced by the following : “4 . member states shall encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions and reviewing legislation that might pose as obstacle for the use of such materials ; reviewing existing regulations preventing the use of those materials , ensuring a high level of environmental and human health protection ; introducing fiscal and economic incentives for the uptake of the use of recycled packaging materials as well as green public procurement criteria ; promoting materials which , when recycled , do not endanger human health when they are recycled into food contact materials ; promoting the use of materials that can be reused or recycled without loss of quality , regardless of how often the material is reused or recycled . ”


### paragraphs 5 , 8 , and 9 are deleted ; ### paragraphs 5 and 9 are deleted and paragraph 8 is replaced by the following : ' the commission shall , taking into account individual circumstances in each member state , assess the implementation of this directive with regard to the functioning of the internal market . this assessment shall be conducted at a minimum every three years and a report on that assessment shall be submitted to the european parliament and to the council . '


### the weight of the packaging waste recycled shall be understood as the weight of the input waste entering the final recycling process ; ### the weight of the packaging waste prepared for reuse shall be understood as the weight of packaging products initially placed on the market which have been recovered or collected by a recognised preparating and are demonstrated to have been re - used at least once following all necessary checking , cleaning and repairing operations . the packaging product will only be counted once towards the statistics and not at every re - use cycle .


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


### member states shall take the necessary measures to ensure that systems are set up to provide for : ### in article 7 , the first subparagraph is replaced by the following : ' 1 . member states shall take the necessary measures to ensure that systems , for example extended producer responsibility schemes , are set up to provide for : '


### to facilitate collection , reuse and recovery including recycling , packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material used on the basis of commission decision 97 / 129 / ec . ### article 8 is replaced by the following : ‘ 2 . to facilitate collection , reuse and recovery including recycling , packaging shall contain information useful for that purpose . in particular , packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material used on the basis of commission decision 97 / 129 / ec . ’ ;


### ' 2 . to facilitate collection , reuse and recovery including recycling , packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material used on the basis of commission decision 97 / 129 / ec [ 1 ] . [ 1 ] oj l 50 , 20 . 2 . 1997 , p . 28 . ' ### in article 8 , paragraph 2 is replaced by the following : ' 2 . to facilitate collection , reuse and recovery including recycling , packaging shall contain information useful for that purpose . in particular , packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material used on the basis of commission decision 97 / 129 / ec [ 1 ] . [ 1 ] oj l 50 , 20 . 2 . 1997 , p . 28 . '


### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 3a . those implementing acts shall be adopted in accordance with the procedure referred to in article 21 . ### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 3a and for the quality check report referred to in paragraph 3b , which support the re - use of data and open data objectives . those implementing acts shall be adopted in accordance with the procedure referred to in article 21 .


### - packaging shall be designed , produced and commercialized in such a way as to permit its reuse or recovery , including recycling , and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of . ### in annex ii , point 1 , the first indent is replaced by the following : ‘ - packaging shall be designed , produced and commercialized in such a way as to permit its reuse or recovery , including recycling - in accordance with the principle of the hierarchy of waste management - and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of . ’


### 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 , with a special focus on combating social exclusion and discrimination , 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 and fully respecting the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . member states should also comply with the obligations set out in the un convention on the rights of persons with disabilities , in particular the obligation to ensure accessibility set out in its article 9 , in accordance with the union law harmonising accessibility requirements for products and services . the accessibility of persons with disabilities should be guaranteed in all infrastructure projects funded by the erdf and the cohesion fund with the exception of duly justified cases . member states and the commission should aim at eradicating poverty , at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination complying with article 21 of the charter that stipulates that any discrimination based on any ground such as 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 is prohibited . . 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 .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditure supporting climate objectives . operations under the erdf are expected to contribute 30 % of the overall financial envelope of the erdf to climate objectives . operations under the cohesion fund are expected to contribute 37% of the overall financial envelope of the cohesion fund to climate objectives . ### in the context of union obligations under the paris agreement and in line with the 7th environmental action programme , new and ambitious targets for the environment , energy , waste management and climate have been introduced in union legislation . in order to allow member states and regions to meet the targets of a just transition to a socially and environmentally sustainable and inclusive economy adequate long term support schemes are indispesable . reflecting the importance of tackling climate change and loss of biodiversity in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the funds will contribute to mainstream climate actions and biodiversity protection by targeting 30% of the eu budget expenditure to the support of climate objectives . operations under the erdf are expected to contribute 40 % of the overall financial envelope of the erdf to climate and environment objectives . operations under the cohesion fund are expected to contribute 50% of the overall financial envelope of the cohesion fund to climate and environment objectives .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to promote true convergence , to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments , taking into account the legitimate choices , priorities and needs of each member state , depending on their particular situation . erdf support under the investment for jobs and growth goal should also take into account collectively defined priorities , in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore , support from the erdf should take particular account of the policy objectives of ' a more cohesive and solidarity - based europe helping reduce economic , social and territorial asymmetries and achieve a smart and innovative economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , the reduction of the impact of industry on the environment , green and blue investment , the circular economy , combating and adapting to climate change and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should strengthen its direct support to subnational governments by ensuring enhanced financing and tailored instruments for territorial development , boosting the implementation of the united nations sustainable development goals on the ground and help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy and transport transition , the reduction of the impact of industry on the environment , green and blue investment , the circular economy , combatting and adapting to climate , sustainable water management and risk prevention and management ' while taking account of the overall policy objectives of a more cohesive and solidarity - based europe helping reduce economic , social and territorial asymmetries . that thematic concentration should be attained at regional level while allowing for flexibility at the level of individual programmes and between the three categories of regions formed according to respective regional gross domestic product . in addition , the methodology to classify regions should be set out in detail taking into account the specific situation of the outermost regions .


### in order to concentrate the support on key union priorities , it is also appropriate that thematic concentration requirements should be respected throughout the programming period , including in the case of transfer between priorities within a programme or between programmes . ### in order to attain the objectives of the member states , thematic concentration should be sufficiently flexible to adapt to the needs of each region , enabling the union to support transfer between priorities within a programme or between programmes . in that way , additional imbalances or deeper development disparities between regions would be avoided .


### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review . ### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban and rural areas , while taking into account the need to promote urban - rural linkages and heightened cooperation . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review .


### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be replaced by a european urban initiative , to be implemented under direct or indirect management . that initiative should cover all urban areas and support the urban agenda for the european union21 . _________________ 21 council conclusions on an urban agenda for the eu of 24 june 2016 . ### in order to identify or provide solutions which address issues relating to sustainable urban development at union level , the urban innovative actions in the area of sustainable urban development should be replaced by a european urban initiative , to be implemented under direct or indirect management . that initiative should support the urban agenda for the european union21 and investments under the erdf should promote the polycentric development of a network of all types of urban areas in order to leverage the development of inland and rural regions and promote the development of essential public services at the local level . _________________ 21 council conclusions on an urban agenda for the eu of 24 june 2016 .


### ' a smarter europe by promoting innovative and smart economic transformation ' by : ### ' a more cohesive and solidarity - based europe by helping reduce economic , social and territorial asymmetries and promoting innovative and smart economic transformation ' by :


### ensuring equal access to health care through developing infrastructure , including primary care ; ### ensuring equal access to health care through developing infrastructure , awareness raising campaigns including primary care ;


### ensuring equal access to health care through developing infrastructure , including primary care ; ### ensuring equal and universal access to health care through developing infrastructure , including primary care ;


### 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 , cultural heritage and social infrastructure 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 , cultural heritage and social infrastructure , including for rural , coastal and remote island areas also through community - led local development .


### 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 social , economic and environmental local development , cultural heritage and security , especially for rural , island and coastal areas also through community - led local development through the intermediary of local action groups ;


### improve the capacity of programme authorities , and bodies linked to the implementation of the funds ; ### improve , through technical and financial assistance , the capacity of programme authorities , and bodies linked to the implementation of the funds , including civil society organisations ;


### member states shall be classified , in terms of their gross national income ratio , as follows : ### regions shall be classified to level 2 of the common classification of territorial units for statistics in terms of their gross domestic product per capita , as follows :


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region under one of the three categories of regions shall be determined on the basis of the ratio of the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gdp of the eu27 for that same reference period .


### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use . ### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy and ressource efficiency or renewable energy use . renewable technologies in housing that can give rise to elevated particulate emissions are excluded .


### the specific additional allocation for the outermost regions shall be used to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints to their development listed in article 349 of the tfeu . ### the specific additional allocation for the outermost regions shall be used to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints to their development listed in article 349 of the tfeu . the provisions of article 3 shall not apply to the specific additional allocation for the outermost regions .


### with the entry into force of the lisbon treaty , it has been clarified that the supply of technical assistance services involving a cross - border movement falls under union competence . it is therefore appropriate to clarify the controls applicable to technical assistance services , and to introduce a definition of those services . for reasons of effectiveness and consistency , controls on the supply of technical assistance services should be harmonised and apply also in order to prevent acts of terrorism and human rights violations . ### with the entry into force of the lisbon treaty , it has been clarified that the supply of technical assistance services involving a cross - border movement falls under union competence . it is therefore appropriate to clarify the controls applicable to technical assistance services , and to introduce a definition of those services . for reasons of effectiveness and consistency , controls prior to the supply of technical assistance services should be harmonised and apply also in order to prevent acts of terrorism and human rights violations .


### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market of the union , enshrined in the treaty on the functioning of the european union . ### the protection of social and labour rights , the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market of the union , enshrined in the treaty on the functioning of the european union .


### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health . ### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress , promote social justice and protection , combat social exclusion and discrimination , and promote social justice and protection , equality between women and men , solidarity between generations and protection of the rights of the child , as well as promote economic , social and territorial cohesion , and solidarity among member states . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health .