### 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 . ### reflecting the importance of tackling climate change and in order to contribute to the financing of necessary actions to be taken at eu , national and local level to fulfil 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 at least 30 % of the eu budget expenditure supporting climate objectives .


### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the funds , the european investment stabilisation function and investeu . ### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and union funding , and to avoid any contradiction with the priorities of the union , including the union ' s commitments to implement the paris agreement . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the funds , the european investment stabilisation function and investeu .


### member states should take account of the contents of their draft national energy and climate plan , to be developed under the regulation on the governance of the energy union14 , and the outcome of the process resulting in union recommendations regarding these plans , for their programmes , as well as for the financial needs allocated for low - carbon investments . __________________ 14 [ regulation on the governance of the energy union , amending directive 94 / 22 / ec , directive 98 / 70 / ec , directive 2009 / 31 / ec , regulation no 663 / 2009 , regulation no 715 / 2009 , directive 2009 / 73 / ec , council directive 2009 / 119 / ec , directive 2010 / 31 / eu , directive 2012 / 27 / eu , directive 2013 / 30 / eu and council directive 2015 / 652 and repealing regulation no 525 / 2013 ] . ### member states should demonstrate how the contents of their integrated national energy and climate plan , to be developed under the regulation on the governance of the energy union14 , and the outcome of the process resulting in union recommendations regarding these plans , are taken into account in their programmes , in particular with regards to the financial needs allocated for low - carbon investments needed to achieve the paris agreement objectives . during the 2021 - 2027 programming period , member states should regularly present to the monitoring committee and to the commission the progress in implementing the programmes in relation to their necp . during a mid - term review , member states should , among other elements , consider the need for programme modifications to address eventual delivery gaps and increase the contribution of the funds towards the implementation of policies and measures set out in their necp . __________________ 14 [ regulation on the governance of the energy union , amending directive 94 / 22 / ec , directive 98 / 70 / ec , directive 2009 / 31 / ec , regulation no 663 / 2009 , regulation no 715 / 2009 , directive 2009 / 73 / ec , council directive 2009 / 119 / ec , directive 2010 / 31 / eu , directive 2012 / 27 / eu , directive 2013 / 30 / eu and council directive 2015 / 652 and repealing regulation no 525 / 2013 ] .


### the member state should carry out a mid - term review of each programme supported by the erdf , the esf + and the cohesion fund . that review should provide a fully - fledged adjustment of programmes based on programme performance , while also providing an opportunity to take account of new challenges and relevant csrs issued in 2024 . in parallel , in 2024 the commission should , together with the technical adjustment for the year 2025 , review all member states ' total allocations under the investment for jobs and growth goal of cohesion policy for the years 2025 , 2026 and 2027 , applying the allocation method set out in the relevant basic act . that review together with the outcome of the mid - term review should result in programme amendments modifying the financial allocations for the years 2025 , 2026 and 2027 . ### the member state should carry out a mid - term review of each programme supported by the erdf , the esf + and the cohesion fund . that review should provide a fully - fledged adjustment of programmes based on programme performance , while also providing an opportunity to take account of new challenges and relevant csrs issued in 2024 , including the 2024 state of the energy union report . in parallel , in 2024 the commission should , together with the technical adjustment for the year 2025 , review all member states ' total allocations under the investment for jobs and growth goal of cohesion policy for the years 2025 , 2026 and 2027 , applying the allocation method set out in the relevant basic act . that review together with the outcome of the mid - term review should result in programme amendments modifying the financial allocations for the years 2025 , 2026 and 2027 .


### ' climate proofing ' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance , where available , or internationally recognised standards . ### ' climate proofing ' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance , where available , or internationally recognised standards , and that investments in infrastructure apply the energy efficiency first principle .


### a more connected europe by enhancing mobility and regional ict connectivity ; ### a more connected europe by enhancing zero - emission mobility and regional ict connectivity ;


### member states shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the funds . that methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives . in the case of the erdf , the esf + and the cohesion fund weightings shall be attached to dimensions and codes for the types of intervention established in annex i . ### member states shall ensure climate , environmental and biodiversity proofing of their operations through all planning and implementation processes . they shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the funds . that methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives . in the case of the erdf , the esf + and the cohesion fund weightings shall be attached to dimensions and codes for the types of intervention established in annex i .


### the allocations of the financial resources by priority including the amounts for the years 2026 and 2027 ; ### the allocations of the financial resources by priority including the amounts for the years 2026 and 2027 , in particular taking into account the update of national energy and climate plans under article 13 of the regulation on the governance of the energy union ;


### the commission shall assess the programme and its compliance with this regulation and with the fund - specific regulations , as well as its consistency with the partnership agreement . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations . ### the commission shall assess the programme and its compliance with this regulation and with the fund - specific regulations , as well as its consistency with the partnership agreement . in its assessment , the commission shall , in particular , review whether relevant country - specific recommendations are properly addressed .


### ensure the climate proofing of investments in infrastructure with an expected lifespan of at least five years . ### ensure the climate , environment and biodiversity proofing of investments in infrastructure with an expected lifespan of at least five years .


### the economic and financial crisis has shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps member states to respond more efficiently to shocks and recover more swiftly from them . the implementation of structural reforms is among the union’s policy priorities because such reforms seek to set the recovery on a sustainable path , unlock the growth potential , strengthen the adjustment capacity and support the process of upward convergence . pursuing structural reforms can also contribute to strengthening economic and social cohesion , boosting productivity and investment and creating good conditions for sustainable growth and employment in the union . ### the economic and financial crisis has shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps member states to respond more efficiently to shocks and recover more swiftly from them . the implementation of structural reforms is among the union’s policy priorities because such reforms seek to set the recovery on a sustainable path , unlock the growth potential , strengthen the adjustment capacity and support the process of upward convergence . pursuing structural reforms should contribute to strengthening economic and social cohesion , boosting productivity and investment , creating good conditions for sustainable growth and job creation and enhancing social inclusion in the union .


### other union instruments and programmes also provide a significant contribution to improving conditions underpinning certain investments in member states , which can be conducive to or be part of such reforms . in particular , the union funds covered by regulation no yyy / xx of the european parliament and of the council [ cpr ] link investment to enabling conditions , foresee a macroeconomic governance mechanism and may finance costs of structural reforms linked to investments in policy areas relevant for cohesion policy . however , currently , no instrument foresees direct financial support that provides incentives for the member states to implement reforms in all policy areas , in response to challenges identified in the european semester . moreover , there is currently no instrument providing specific and targeted financial and technical support to member states whose currency is not the euro in their efforts to implement reforms that are relevant for joining the euro area . ### other union instruments and programmes also provide a significant contribution to improving conditions underpinning certain investments in member states , which can be conducive to or be part of such reforms . however , currently , no instrument foresees direct financial support that provides incentives for the member states to implement reforms in all policy areas , in response to social , economic and environmental challenges identified in the european semester . moreover , there is currently no instrument providing specific and targeted financial and technical support to member states whose currency is not the euro in their efforts to implement reforms that are relevant for joining the euro area .


### the programme’s overall objective is the enhancement of cohesion , competitiveness , productivity , growth , and employment . for that purpose , it should provide financial incentives for addressing challenges of a structural nature , and should help to strengthen the administrative capacity of the member states insofar as their institutions and economic and social sectors are concerned . ### the programme’s overall objective is the enhancement of cohesion , competitiveness , productivity , sustainable growth , job creation and social inclusion and contributing to real convergence in the union . for that purpose , it should provide financial incentives for addressing challenges of a structural nature , and should help to strengthen the administrative capacity of the member states insofar as their institutions and economic and social sectors are concerned .


### in order to ensure that the reforms supported by the programme address all the key economic and societal areas , both financial support and technical support under the programme should be provided by the commission , upon request from a member state , in a broad range of policy domains , which include areas related to public financial and asset management , institutional and administrative reform , business environment , the financial sector , markets for products , services and labour , education and training , sustainable development , public health and social welfare . ### in order to ensure that the reforms supported by the programme address all the key economic , societal and environmental areas , both financial support and technical support under the programme should be provided by the commission , upon request from a member state , in a broad range of policy domains , which include areas related to public financial and asset management , institutional and administrative reform , business environment , the financial sector , markets for products , services and labour , education and training , sustainable development , environmental and climate protection , public health and social welfare .


### 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 , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the programme’s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### 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 , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the programme’s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


### in order to ensure a meaningful incentive for member states to complete structural reforms , it is appropriate to establish a maximum financial contribution available for them under the instrument for each stage of allocation and under each call . that maximum contribution should be calculated on the basis of the population of member states . to ensure that the financial incentives are spread throughout the whole period of application of the programme , the allocation of funds to the member states should be made in stages . in the first stage lasting twenty months , half of the overall financial envelope of the reform delivery tool should be made available to member states , during which they could receive up to their maximum allocation by submitting proposals for reform commitments . ### to ensure that the financial incentives are spread throughout the whole period of application of the programme , the allocation of funds to the member states should be made in stages . in the first stage lasting twenty months , half of the overall financial envelope of the reform delivery tool should be made available to member states .


### in the interest of transparency and efficiency , in the subsequent stage lasting until the end of the programme , a system of periodic calls should be set out by the commission to allocate the remaining half of the overall financial envelope of the instrument , plus the amounts unused from the previous stage . simple procedures should be organised to that effect . under each call , all member states should be invited to submit reform proposals concurrently , and could be awarded their maximum financial contribution on the basis of their reform proposals . in the interest of transparency , the first call organised by the commission during the second stage should be for an amount corresponding to the remaining part of the overall financial envelope of the instrument . further calls should be organised by the commission only where the overall financial envelope has not been fully used . the commission should adopt and publish an indicative calendar of the further calls to be organised , and should indicate , at each call , the remaining amount of the overall envelope , which is available under that call . ### in the interest of transparency and efficiency , in the subsequent stage lasting until the end of the programme , a system of periodic calls should be set out by the commission to allocate the remaining half of the overall financial envelope of the instrument , plus the amounts unused from the previous stage . simple procedures should be organised to that effect . under each call , all member states should be invited to submit reform proposals concurrently . in the interest of transparency , the first call organised by the commission during the second stage should be for an amount corresponding to the remaining part of the overall financial envelope of the instrument . further calls should be organised by the commission only where the overall financial envelope has not been fully used . the commission should adopt and publish an indicative calendar of the further calls to be organised , and should indicate , at each call , the remaining amount of the overall envelope , which is available under that call .


### in order to contribute to the preparation of high quality proposals and assist the commission in the assessment of the proposals for reform commitments submitted by the member states and in the assessment of the degree of their achievement , provision should be made for the use of peer counselling and expert advice . in addition , the council for economic policy committee of the council dealing with the european semester , in consultation , where appropriate , with relevant treaty - based committees , should be able to provide an opinion on the proposals for reform commitments as submitted by member states . in the interest of simplification , the reporting by member states on the progress made in the implementation of reform commitments should be made within the framework of the european semester . ### in order to contribute to the preparation of high quality proposals and assist the commission in the assessment of the proposals for reform commitments submitted by the member states and in the assessment of the degree of their achievement , provision should be made for the use of peer counselling and expert advice . in addition , the council for economic policy committee of the council dealing with the european semester , in consultation with the european economic and social committee and the european committee of the regions , should be able to provide an opinion on the proposals for reform commitments as submitted by member states . in the interest of simplification , the reporting by member states on the progress made in the implementation of reform commitments should be made within the framework of the european semester .


### to contribute to addressing national reform challenges of a structural nature aimed at improving the performance of the national economies and at promoting resilient economic and social structures in the member states , thereby contributing to cohesion , competitiveness , productivity , growth and employment ; and ### to contribute to addressing national reform challenges of a structural nature aimed at improving the performance of the national economies and at promoting resilient economic and social structures in the member states , thereby enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , investment and social inclusion and contributing to real convergence in the union ; and


### to contribute to strengthening the administrative capacity of the member states in relation to challenges faced by institutions , governance , public administration , and economic and social sectors . ### to contribute to strengthening the administrative capacity of the member states in relation to challenges faced by institutions , governance , public administration , and economic and social sectors in response to economic , social and environmental challenges .


### the general and the specific objectives set out in articles 4 and 5 shall refer to policy areas related to cohesion , competitiveness , productivity , research and innovation , smart , sustainable , and inclusive growth , jobs and investment , and in particular to one or more of the following : ### the general and the specific objectives set out in articles 4 and 5 shall refer to policy areas related to cohesion , competitiveness , productivity , research and innovation , smart , sustainable , and inclusive growth , jobs and investment , social inclusion , environmental and climate protection and in particular to one or more of the following :


### business environment , including for small and medium - sized enterprises , re - industrialisation , private sector development , product and service markets , investment , public participation in enterprises , privatisation processes , trade and foreign direct investment , competition and public procurement , sustainable sectoral development and support for research and innovation and digitisation ; ### business environment , in particular for small and medium - sized enterprises , re - industrialisation , private sector development , product and service markets , investment , public participation in enterprises , trade and foreign direct investment , competition and public procurement , sustainable sectoral development and support for research and innovation and digitisation ;


### policies for implementing climate action , mobility , promoting energy and resource efficiency , renewable energy sources , achieving energy diversification and ensuring energy security , and for the agricultural sector , fisheries and the sustainable development of rural areas ; and ### policies for implementing climate action , sustainable mobility , promoting energy and resource efficiency , renewable energy sources , achieving energy diversification and ensuring energy security , and for the agricultural sector , fisheries and the sustainable development of rural areas ; and


### for a period of twenty months from the date of application of this regulation , the commission shall make available for allocation eur 11 000 000 000 , which represents 50% of the overall envelope referred to in point of article 7 . each member state may propose to receive up to the full amount of the maximum financial contribution , referred to in article 9 , to fulfil reform commitments proposed in accordance with article 11 . ### for a period of twenty months from the date of application of this regulation , the commission shall make available for allocation eur 2 500 000 000 , which represents 50% of the overall envelope referred to in point of article 7 .


### a member state wishing to receive support under the reform delivery tool shall submit a proposal for reform commitments to the commission . that proposal shall set out a detailed set of measures for the implementation of structural reforms in response to challenges identified in the european semester process and shall contain milestones , targets and a timetable for the implementation of the reforms over a maximum period of three years . ### a member state wishing to receive support under the reform delivery tool shall submit a proposal for reform commitments to the commission . that proposal shall set out a detailed set of measures for the implementation of structural reforms in response to challenges identified in the european semester process and shall contain milestones , targets and a timetable for the implementation of the reforms over a maximum period of three years . for reform commitments , the member state shall in , accordance with its institutional and legal framework , organise a reform partnership with the competent regional and local authorities , economic and social partners , and relevant bodies representing civil society and non - governmental organisations . the partners referred to in the second sub - paragraph shall be involved by the member state in the preparation , monitoring and evaluation of measures for the implementation of structural reforms .


### the expected economic and social impacts of the reform in the member state concerned and , where possible , the spillover effects in other member states ; ### the expected economic , social and environmental impacts of the reform in the member state concerned and , where possible , the spillover effects in other member states ;


### the economic policy committee , set up by council decision 2000 / 604 / ec on the composition and statutes of the economic policy committee31 , may provide its opinion on the proposals for reform commitments submitted by member states . _________________ 31 council decision of 29 september 2000 on the composition and the statutes of the economic policy committee ### the economic policy committee , set up by council decision 2000 / 604 / ec on the composition and statutes of the economic policy committee31 , may provide its opinion after consultation with the european economic and social committee and the european committee of the regions on the proposals for reform commitments submitted by member states . _________________ 31 council decision of 29 september 2000 on the composition and the statutes of the economic policy committee


### organisation of local operational support in areas such as asylum , migration and border control ; ### organisation of local operational support in areas such as asylum , migration and social inclusion ;


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


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### when appropriate , the commission services shall issue a public report every year describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . the report shall include information on the compliance with international environmental and social standards that affect the cost production . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties such as trade unions and smes shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the participation of smes in supplementing , commenting and relying on the report should be improved by strengthening the role of the sme help desk . the european parliament will be informed by the commission on the content of this report and will also be given the opportunity to supplement the information given in it . the determinations made shall take into account all of the relevant evidence on the file .


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


### to address existing obstacles to the functioning of the internal market and to prevent the emergence of such obstacles in the future , member states should be required to use a common concept of environmentally sustainable investment when setting up requirements for market actors for the purpose of labelling financial products or corporate bonds marketed as environmentally sustainable at national level . for the same reasons , fund managers and institutional investors that hold themselves out as pursuing environmental objectives should use the same concept of environmentally sustainable investment when disclosing how they pursue those objectives . ### to address existing obstacles to the functioning of the internal market and to prevent the emergence of such obstacles in the future , member states and the union should be required to use a common concept regarding the degree of environmental sustainability of investments when setting up requirements for market actors for the purpose of labelling financial products , services or corporate bonds marketed as environmentally sustainable at national level . for the same reasons , fund managers and institutional investors that hold themselves out as pursuing environmental objectives should use the same concept of environmentally sustainable investment and the same indicators , metrics and criteria for calculating the environmental impact when disclosing how they pursue those objectives .


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


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


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


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


### for each environmental objective , uniform criteria for considering economic activities to be substantially contributing to that objective should be laid down . one element of the uniform criteria should be to avoid significant harm to any of the environmental objectives set out in this regulation . this is in order to avoid that investments are considered environmentally sustainable although the economic activities benefitting from those investments cause harm to the environment to an extent outweighing their contribution to an environmental objective . the conditions for substantial contribution and for not causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives . ### for each environmental objective , uniform criteria based on information provided by means of harmonised indicators for considering economic activities to be substantially contributing to that objective should be laid down . one element of the uniform criteria should be to avoid significant harm to any of the environmental objectives set out in this regulation . this is in order to avoid that investments are considered environmentally sustainable although the economic activities benefitting from those investments cause harm to the environment to an extent outweighing their contribution to an environmental objective . the conditions for substantial contribution and for not causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives .


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


### when establishing and updating the technical screening criteria the commission should take into account the relevant union law , as well as non - legislative instruments of the union already in place , including the regulation 66 / 2010 of the european parliament and the council37 , the eu eco - management and audit scheme , 38 the eu green public procurement criteria39 and the on - going work on product and organisation environmental footprint rules . 40 to avoid unnecessary inconsistencies with classifications of economic activities that already exist for other purposes , the commission should also take into account the statistical classifications relating to the environmental goods and services sector , namely the classification of environmental protection activities and expenditure and the classification of resource management activities . 41 __________________ 37 regulation 66 / 2010 of the european parliament and the council of 25 november 2009 on the eu ecolabel . 38 regulation no 1221 / 2009 of the european parliament and of the council of 25 november 2009 on the voluntary participation by organisations in a community eco - management and audit scheme , repealing regulation no 761 / 2001 and commission decisions 2001 / 681 / ec and 2006 / 193 / ec . 39 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions public procurement for a better environment { sec 2124 } { sec 2125 } { sec 2126 } com / 2008 / 0400 final . 40 2013 / 179 / eu : commission recommendation of 9 april 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations . 41 annex 4 and 5 of regulation no 538 / 2014 of the european parliament and of the council of 16 april 2014 amending regulation no 691 / 2011 on european environmental economic accounts . ### when establishing and updating the technical screening criteria and a set of harmonised indicators the commission should take into account the relevant union law , as well as non - legislative instruments of the union already in place , including the regulation 66 / 2010 of the european parliament and the council37 , the eu eco - management and audit scheme , 38 the eu green public procurement criteria39 , the commission circular economy platform , the european platform on life cycle assessment , and the on - going work on product and organisation environmental footprint rules . 40 to avoid unnecessary inconsistencies with classifications of economic activities that already exist for other purposes , the commission should also take into account the statistical classifications relating to the environmental goods and services sector , namely the classification of environmental protection activities and expenditure and the classification of resource management activities . 41 __________________ 37 regulation 66 / 2010 of the european parliament and the council of 25 november 2009 on the eu ecolabel . 38 regulation no 1221 / 2009 of the european parliament and of the council of 25 november 2009 on the voluntary participation by organisations in a community eco - management and audit scheme , repealing regulation no 761 / 2001 and commission decisions 2001 / 681 / ec and 2006 / 193 / ec . 39 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions public procurement for a better environment { sec 2124 } { sec 2125 } { sec 2126 } com / 2008 / 0400 final . 40 2013 / 179 / eu : commission recommendation of 9 april 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations . 41 annex 4 and 5 of regulation no 538 / 2014 of the european parliament and of the council of 16 april 2014 amending regulation no 691 / 2011 on european environmental economic accounts .


### when establishing and updating the technical screening criteria the commission should also take into account the specificities of the infrastructure sector and take into account environmental , social and economic externalities within a cost - benefit analysis . in that regard , the commission should consider the work of international organisations , such as the oecd , relevant union legislation and standards , including directive 2001 / 42 / ec of the european parliament and of the council42 , directive 2011 / 92 / eu of the european parliament and of the council43 directive 2014 / 23 / eu of the european parliament and of the council44 , directive 2014 / 24 / eu of the european parliament and of the council45 , directive 2014 / 25 / eu of the european parliament and of the council46 , and current methodology . in that context , the technical screening criteria should promote appropriate governance frameworks integrating environmental , social and governance factors , as referred to in the united nations - supported principles for responsible investment47 , at all stages of a project ' s lifecycle . __________________ 42 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment . 43 directive 2011 / 92 / eu of the european parliament and of the council of 13 december 2011 on the assessment of the effects of certain public and private projects on the environment . 44 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 45 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . 46 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . 47 https : / / www . unpri . org / download ? ac=1534 . ### when establishing and updating the technical screening criteria and the harmonised indicators the commission should also take into account the specificities of the different sectors and take into account environmental , social and economic externalities within a cost - benefit analysis . in that regard , the commission should consider the work of international organisations , such as the oecd , relevant union legislation and standards , including directive 2001 / 42 / ec of the european parliament and of the council42 , directive 2011 / 92 / eu of the european parliament and of the council43 directive 2014 / 23 / eu of the european parliament and of the council44 , directive 2014 / 24 / eu of the european parliament and of the council45 , directive 2014 / 25 / eu of the european parliament and of the council46 , and current methodology . in that context , the technical screening criteria and indicators should promote appropriate governance frameworks integrating environmental , social and governance factors , as referred to in the united nations - supported principles for responsible investment47 , at all stages of a project ' s lifecycle . __________________ 42 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment . 43 directive 2011 / 92 / eu of the european parliament and of the council of 13 december 2011 on the assessment of the effects of certain public and private projects on the environment . 44 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 45 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . 46 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . 47 https : / / www . unpri . org / download ? ac=1534 .


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


### since the objectives of this regulation cannot be sufficiently achieved by the member states , but can be better achieved at union level , by reason of the need to introduce at union level uniform criteria for environmentally sustainable economic activities , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives , ### since the objectives of this regulation cannot be sufficiently achieved by the member states , but can be better achieved at union level , by reason of the need to introduce at union level uniform criteria and indicators for environmentally sustainable economic activities , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives ,


### ‘ climate change adaptation’ means the process of adjustment to actual and expected climate and its effects ; ### ‘ climate change adaptation’ means the process of adjustment to actual and expected climate change and its effects ;


### ' healthy ecosystem ' means an ecosystem that is in a good physical , chemical and biological condition or of a good physical , chemical and biological quality ; ### ' healthy ecosystem ' means an ecosystem that is in a good physical , chemical and biological condition or of a good physical , chemical and biological quality and that is capable of self - reproduction or self - restoration to equilibrium and that preserves biodiversity ;


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


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


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


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


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


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


### supplement paragraph 1 to establish technical screening criteria for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to climate change adaptation ; ### supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to climate change adaptation ;


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


### supplement paragraph 1 to establish technical screening criteria for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to sustainable use and protection of water and marine resources ; ### supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to sustainable use and protection of water and marine resources ;


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


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


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


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


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


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


### reducing the content of hazardous substances in materials and products ; ### reducing the content of hazardous substances and substituting substances of very high concern in materials and products ;


### supplement paragraph 1 to establish technical screening criteria for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to pollution prevention and control ; ### supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered , for the purposes of this regulation , to contribute substantially to pollution prevention and control ;


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


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


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


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


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


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


### the technical screening criteria referred to in paragraph 1 shall also include criteria for activities related to the clean energy transition , in particular energy efficiency and renewable energy , to the extent that those are substantially contributing to any of the environmental objectives . ### the technical screening criteria referred to in paragraph 1 shall also include criteria based on indicators for activities related to the clean energy transition towards net - zero ghg emissions , in particular energy efficiency and renewable energy , to the extent that those are substantially contributing to any of the environmental objectives . the technical screening criteria shall ensure that power generation activities that , on average , emit more than 100gco2 / kwh or produce non - renewable waste are not considered sustainable economic activities . the technical screening criteria shall ensure that economic activities contributing to carbon intensive lock - in effects are not considered sustainable economic activities even if these activities have an environmental performance which is substantially better than the industry average .


### the commission shall establish a platform on sustainable finance composed of : ### the commission shall establish a platform on sustainable finance the composition of which shall take into account the need to ensure balance and a multidisciplinary approach , including experts in the field of socially sustainable investment and human rights , ensure gender equality and reflect a wide range of knowledge and views . the platform on sustainable finance shall be composed of representatives of the four following groups :


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


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


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


### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of food production and water provision in the mediterranean area . prima should contribute to the achievement of the recently agreed sustainable development goals and to the forthcoming european sustainable development strategy . ### the lack of clean water and nutritious food has adverse effects on the health and stability of the populations , and prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of food production and water provision in the mediterranean area . prima should contribute to the achievement of the recently agreed sustainable development goals and to the forthcoming european sustainable development strategy .


### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream . ### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision and food systems in the mediterranean region , to increase the efficiency , climate resiliency and sustainability of food productions and water provision and to contribute to solving nutrition , health , well - being and migration problems upstream , combating severe water needs in the mediterranean basin , where some 180 million people are today considered ' water poor ' .


### the formulation of a stable , long - term , common strategic agenda in the area of water provision and food systems ; ### the formulation of a stable , long - term , sustainable common strategic agenda in the area of water provision and food systems in line with the sustainable development goals and with the european sustainable development strategy in order to safeguards natural resources , to address an inequitable water allocation and un - sustainable water management ;


### ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , including for gas production and transportation to union energy market , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . ' ### paragraph 6 is replaced by the following : ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , including for electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . eib financing operations shall not contribute to new coal - fired energy generation nor increase coal - dependency . '


### proposal for a directive of the european parliament and of the council on port reception facilities for the delivery of waste from ships , repealing directive 2000 / 59 / ec and amending directive 2009 / 16 / ec and directive 2010 / 65 / eu ### proposal for a directive of the european parliament and of the council on port reception facilities for the delivery of waste from ships , repealing directive 2000 / 59 / ec and amending directive 2005 / 35 / ec , directive 2009 / 16 / ec and directive 2010 / 65 / eu


### in the last two decades , the marpol convention and its annexes have undergone important amendments , which put in place stricter norms and prohibitions for the discharges of waste from ships at sea . ### in the last two decades , the marpol convention and its annexes have undergone important amendments , which put in place stricter norms for the delivery of waste , and prohibitions for the discharges of waste from ships at sea .


### in spite of these regulatory developments , discharges of waste at sea still occur . this is due to a combination of factors , namely adequate port reception facilities are not always available in ports , enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore . ### in spite of these regulatory developments , discharges of waste at sea still occur at huge environmental , social and economic costs . this is due to a combination of factors , namely adequate port reception facilities are not always available in ports , enforcement is often insufficient and there is a lack of incentives to deliver the waste onshore .


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


### to address the problem of marine litter effectively , it is fundamental to provide the right level of incentives for the delivery of waste to port reception facilities , in particular garbage . this can be achieved through a cost recovery system , which requires the application of an indirect fee , which is due irrespective of the delivery of waste and which should give a right of delivery of the waste without any additional direct charges . the fishing and recreational sector , given their contribution to the occurrence of marine litter , should also be included in this system . ### to address the problem of marine litter effectively , it is fundamental to provide the right level of incentives for the delivery of waste to port reception facilities , in particular garbage . this can be achieved through a cost recovery system , which requires the application of an indirect fee , which is due irrespective of the delivery of waste and which should give a right of delivery of the waste without any additional direct charges . the fishing and recreational sector , given their contribution to the occurrence of marine litter , should also be included in this system . the delivery of passively fished waste should not result in additional costs for fishing vessels .


### monitoring and enforcement should be facilitated through a system based on electronic reporting and exchange of information . to this end , the existing information and monitoring system set up under directive 2000 / 59 / ec should be further developed , and continue to be operated on basis of existing electronic data systems , in particular the union maritime information and exchange system and the inspection database . the system should also include the information on port reception facilities available in the different ports . ### monitoring and enforcement should be facilitated through a system based on electronic reporting and exchange of information . to this end , the existing information and monitoring system set up under directive 2000 / 59 / ec should be further developed , and continue to be operated on basis of existing electronic data systems , in particular the union maritime information and exchange system and the inspection database . the system should also include the information on port reception facilities available in the different ports and losses of fishing gear .


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


### the port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union legislation on waste . to this end , the member states shall provide for separate collection of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation 1069 / 2009 for the management of catering waste from international transport . ### the port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union legislation on waste . to this end , the member states shall provide for separate collection to facilitate reuse and recycling of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , european parliament and council directive 94 / 62 / ec1a , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation 1069 / 2009 for the management of catering waste from international transport . _________________ 1a european parliament and council directive 94 / 62 / ec of 20 december 1994 on packaging and packaging waste .


### the port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union legislation on waste . to this end , the member states shall provide for separate collection of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation 1069 / 2009 for the management of catering waste from international transport . ### the port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union and national legislation on waste . to this end , the member states shall provide for separate collection of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation 1069 / 2009 for the management of catering waste from international transport .


### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . ### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility , and after leaving the port , shall not discharge waste at sea , in accordance with the relevant delivery and discharge norms and regulations laid down in the marpol convention . that requirement shall also apply to sediments from cleaning and repair of ballast tanks , in accordance with the bwm convention .


### member states shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships , other than cargo residues , shall be covered through the collection of a fee from ships . those costs include the elements listed in annex 4 . ### member states shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships , including cargo residues of high - viscosity , persistent floating substances , but excluding other cargo residues , shall be covered through the collection of a fee from ships . those costs include the elements listed in annex 4 .


### the results of the inspections referred to in paragraph 1 shall be recorded in the part of the information , monitoring and enforcement system referred to in article 15 of this directive . ### the results of the inspections referred to in paragraphs 1 and 1a shall be recorded in the part of the information , monitoring and enforcement system referred to in article 15 of this directive .


### ‘ polluting substances’ shall mean substances covered by annexes i and ii to marpol 73 / 78 ; ### article 20 a amendments to directive 2005 / 35 / ec directive 2005 / 35 / ec is amended as follows : in article 2 , point 2 is replaced by the following : “2 . ‘ polluting substances’ shall mean substances covered by annexes i , ii , iv , v and vi to marpol 73 / 78 , in its up - to - date version ; ”


### a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 or in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 of marpol 73 / 78 . ### in article 5 , paragraph1 is replaced by the following : “1 . a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 , in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 , in annex iv , regulations 3 and 11 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 , in its up - to - date version . ”


### a discharge of polluting substances into the areas referred to in article 3 , and shall not be regarded as an infringement for the owner , the master or the crew , if it satisfies the conditions set out in annex i , regulation 4 , 2 or in annex ii , regulation 3 . 1 . 2 of marpol 73 / 78 . ### in article 5 , paragraph 2 is replaced by the following : “2 . a discharge of polluting substances into the areas referred to in article 3 , and shall not be regarded as an infringement for the owner , the master or the crew , if it satisfies the conditions set out in annex i , regulation 4 , 2 , in annex ii , regulation 3 . 1 . 2 , in annex iv , regulations 3 and 11 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 , in its up to - date version . ”


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


### while a competent authority is assessing goods before deciding whether or not it should deny or restrict market access , it should not be able to take decisions suspending market access , except where rapid intervention is required to prevent harm to safety and health of users or to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of public morality or public security , including for example the prevention of crime . ### while a competent authority is assessing goods before deciding whether or not it should deny or restrict market access , it should be able to take decisions suspending market access , in application of the precautionary principle . the power temporarily to suspend the placing of goods on the market should be used to prevent harm to the safety and health of users , to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of public morality or public security , including for example the prevention of crime , or for any other overriding reason of public interest .


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


### economic operators shall be responsible for the content and accuracy of the information that they themselves provide in the mutual recognition declaration . ### economic operators shall be responsible for the content and accuracy of the information , including translated information , that they themselves provide in the mutual recognition declaration .


### where , on completion of an assessment under paragraph 1 , the competent authority of a member state takes an administrative decision with respect to the goods , it shall communicate its decision within 20 working days to the relevant economic operator referred to in paragraph 1 , to the commission and to the other member states . notification to the commission and to the other member states shall be done by means of the system referred to in article 11 . ### where , on completion of an assessment under paragraph 1 , the competent authority of a member state takes an administrative decision with respect to the goods , it shall communicate its decision at the earliest possible date , and within no more than 15 working days , to the relevant economic operator referred to in paragraph 1 , to the commission and to the other member states . notification to the commission and to the other member states shall be done by means of the system referred to in article 11 .


### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it shall not temporarily suspend the making available of those goods on the domestic market in that member state , except in one or the other of the following situations : ### while the competent authority of a member state is carrying out an assessment of goods pursuant to article 5 , it may temporarily suspend the making available of those goods on the domestic market in that member state , &#160 ; in application of the precautionary principle , in one or the other of the following situations :


### member states , national regulatory authorities , transmission system operators , distribution system operators , and market operators shall ensure that electricity markets are operated in accordance with the following principles : ### member states , national regulatory authorities , transmission system operators , distribution system operators , market operators and third parties to whom responsibilities have been delegated or assigned , shall ensure that electricity markets are operated in accordance with the following principles :


### barriers to cross - border electricity flows and cross - border transactions on electricity markets and related services markets shall be avoided ; ### barriers to intra - eu cross - border electricity flows and cross - border transactions on electricity markets and related services markets shall be avoided ;


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


### transmission system operators shall publish close to real - time information on the current balancing state of their control areas , the imbalance price and the balancing energy price . ### transmission system operators or third parties to whom these responsibilities have either been delegated by the relevant tso , member state or regulatory authority shall publish close to real - time information on the current balancing state of their control areas , the imbalance price and the balancing energy price .


### there shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with article 10 . there shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 &#8364 ; or less and , in the event that it is or anticipated to be reached , set at a lower value for the following day . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices . ### there shall be no maximum nor minimum limit of the wholesale electricity price . this provision shall apply , inter alia , to bidding and clearing in all time frames and include balancing energy and imbalance prices .


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


### the resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially compensated . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible . ### the resources curtailed or redispatched may be selected amongst generation , storage or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially fully paid . payment shall amount to the value of the income that the operator would have got from the market and from support mechanism , where applicable , pursuant to paragraph 6 . submission of an offer for curtailment or redispatch shall be voluntary . non - market - based curtailment or redispatching of generation or redispatching of demand response may be used for operational security reasons where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . market - based redispatch may not be used when it could lead to significant curtailment of electricity generated in installations using renewable sources . regulators shall assess market interest at least every five years . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible .


### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 . ### the responsible system operators shall ensure that they efficiently accommodate renewable electricity or high - efficiency cogeneration to deliver union - wide targets , including on greenhouse gas emissions , at least cost as set out in article 51 of the [ electricity directive ] . they must report at least once per year to the competent regulatory authority and acer : - on the level of development and effectiveness of market - based curtailment or redispatching mechanisms for generation and demand - side management ; - on the reasons , volumes and types of technologies subject to curtailment or downward redispatching ; - on measures taken to reduce the need of curtailment or downwards dispatching of generating installations using renewable energy sources or high - efficiency cogeneration ; and - on requests and contractual arrangements made with generating units for them to operate at a certain level of electricity infeed . system operators shall justify the necessity of such arrangements , and in what extent these services could not be provided by other resources ; setting out whether this was in line with the least cost delivery of union - wide targets . where this was not the case , they must set out measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to payment pursuant to paragraph 6 .