### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against unfair trading practices should be introduced to reduce the occurrence of such practices , to contribute to ensuring a fair standard of living for agricultural producers inside and outside the union , to prevent unsafe and unsustainable practices , precarious working conditions , and to reduce food safety risks and food waste along the food supply chain . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations and associations of producer organisations , without raising their administrative burden . micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers inside and outside the union should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


### to facilitate effective enforcement , the commission should help organise meetings between the enforcement authorities of the member states where best practices can be exchanged and relevant information can be shared . the commission should establish and manage a website to facilitate those exchanges . ### to ensure a proper enforcement , the commission should establish a coordination forum with representatives of the enforcement authorities of the member states where best practices can be exchanged and relevant information can be shared . the commission should also establish and manage a website to facilitate this coordination .


### each member state shall designate a public authority to enforce the prohibitions laid down in article 3 at national level . ### each member state shall designate a public authority to enforce the prohibitions laid down in article 3 at national level , and inform the commission of the designation .


### no sooner than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . ### no later than three years after the date of application of this directive and every two years thereafter , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . the report shall pay particular attention to&#160 ; the effectiveness of the directive&#160 ; in protecting the most vulnerable actors against unfair trading practices throughout the food supply chain , both inside and outside the union . it shall also evaluate the contribution of the directive&#160 ; to reducing food waste , increasing food quality and promoting sustainable practices in the food supply chain . the report shall consider the need to review the directive , in particular to include new forms of utps , and to make use of data on input costs and price transmission through the agricultural food supply chain , to establish criteria for determining fair prices within a supply agreement . on the basis of this report , the commission may present appropriate legislative proposals .


### it is the union ' s objective to strengthen its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , the union ' s values and the well - being of its peoples . ### it is the union ' s objective to encourage social progress and the sustainability and resilience of its society , by strengthening its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities deemed appropriate to support the implementation of other union policies and the honouring of the union ' s international commitments , in particular under the paris agreement , the addis ababa action agenda , the un ' s 2030 agenda and the the sustainable development goals targets 3b , 9 . 5 and 17 . 6 - 17 . 9 , to deliver on the union ' s political strategic priorities and commitments , which ultimately aim at promoting peace , tackling climate change , sustainable development as embodied by the sdgs , the union ' s values , and the well - being of its peoples .


### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by society and responsive to societal challenges . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ and ‘ reusability’ , notably through the mainstreaming of data management plans . where appropriate , beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices . ### open science , including open access to scientific publications and research data , has the potential to increase the quality , impact and benefits of science and to accelerate the advancement of knowledge by making it more reliable , more efficient and accurate , better understandable by citizens and responsive to societal challenges . provisions should be laid down to ensure that beneficiaries provide open access to peer - reviewed scientific publications , research data and other research outputs in an open and non - discriminatory manner , free of charge and as early as possible in the dissemination process , and to enable their widest possible use and re - use . more emphasis should in particular be given to the responsible management of authorship and research data , which should comply with the fair principles of ‘ findability’ , ‘ accessibility’ , ‘ interoperability’ , ‘ reusability’ and safety measures in accordance with relevant data protection legislation , notably through the mainstreaming of data management plans . where appropriate , beneficiaries should make use of the possibilities offered by the european open science cloud and adhere to further open science principles and practices .


### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities , the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities . ### activities supported under the programme should contribute towards the achievement of the union ' s objectives , commitments and priorities , the monitoring and assessment of progress against those objectives , commitments and priorities and for the development of revised or new priorities .


### it is important to support industry to stay or become world leader in innovation , digitisation and decarbonisation , notably through investments in key enabling technologies that will underpin tomorrow ' s business . the programme ' s actions should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . this will ensure consistency between the actions of the programme and eu state aid rules , avoiding undue distortions of competition in the internal market . ### it is essential to support industry to stay or become world leader in innovation , digitisation , resource efficiency , circular economy and decarbonisation , notably through investments in key enabling technologies that will underpin tomorrow ' s business and support the transition towards the net zero emissions goal adopted in the paris agreement in a cost - efficient way . the programme ' s actions should be used to address global challenges as embodied in the paris agreement and the un sdgs , market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . this will ensure consistency between the actions of the programme and eu state aid rules , avoiding undue distortions of competition in the internal market .


### the programme should strengthen cooperation between european partnerships and private and / or public sector partners at the international level including by joining up research and innovation programmes and cross - border investment in research and innovation bringing mutual benefits to people and businesses while ensuring that the eu can uphold its interests in strategic areas . 14 _________________ 14 see e . g . the commission ' s proposal for a regulation establishing a framework for screening foreign direct investment into the eu 487 ) . ### the programme should strengthen cooperation between european partnerships and private and / or public sector partners at the international level including by joining up research and innovation programmes and cross - border investment in research and innovation bringing mutual benefits to people , the planet and businesses while ensuring that the eu can uphold its interests in strategic areas . 14 _________________ 14 see e . g . the commission ' s proposal for a regulation establishing a framework for screening foreign direct investment into the eu 487 ) .


### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s research and innovation excellence , attractiveness and economic and industrial competitiveness , to tackle global challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions should be followed , including through appropriate eligibility for funding of entities established in low to middle income countries . at the same time , association of third countries to the programme should be promoted . ### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the paris agreement and the un sdgs . international cooperation should aim to strengthen the union ' s research and innovation excellence , attractiveness and economic and industrial competitiveness , to tackle global challenges , as embodied in the paris agreement and the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions should be followed , including through appropriate eligibility for funding of entities established in low to middle income countries . at the same time , association of third countries to the programme should be promoted .


### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle . ### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between gender identities in research and innovation , in compliance with articles 2 and 3 of the treaty on european union , article 8 of the tfeu and directive 2006 / 54 / ec on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle .


### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle . ### the activities developed under the programme should aim at eliminating gender inequalities , enhancing family / work life balance , promoting equality between women and men in , as well as ensuring accessibility of researchers with disabilities to , research and innovation , as well as access to the scientific community and decision - making positions in the field of research , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . these dimensions should be adequately integrated in research and innovation content and followed through at all stages of the research cycle .


### this regulation establishes horizon europe - the framework programme for research and innovation and the rules for participation and dissemination in indirect actions under the programme . ### this regulation establishes horizon europe - the framework programme for research and innovation and the rules for participation and dissemination in indirect actions under the programme and determines the framework governing union support to research and innovation activities , thereby strengthening the european scientific and technological base and fostering benefits for society as well as better exploitation of the societal , economic and industrial potential of policies of innovation , research and technological and sustainable development


### ' mission ' means a portfolio of actions intended to achieve a measurable goal within a set timeframe , and impact for science and technology and / or society and citizens that could not be achieved through individual actions ; ### ' mission ' means a portfolio of actions intended to achieve a measurable goal , in line with the paris agreement ' s emissions goals and the un sdgs , within a set timeframe , and impact for science and technology and / or society and citizens that could not be achieved through individual actions ;


### ' open access ' means the practice of providing online access to research outputs resulting from actions funded under the programme , in particular scientific publications and research data , free of charge to the end - user ; ### ' open access ' means the practice of providing online access to research outputs resulting from actions funded under the programme , in particular scientific publications and research data , free of charge to the end - user ; the principle “as open as possible , as closed as necessary” guiding the implementation of open access should lead to reasonable restrictions on access , in accordance with the overarching principle of open access , especially where the research data are produced with public funding .


### ' mission ' means a portfolio of actions intended to achieve a measurable goal within a set timeframe , and impact for science and technology and / or society and citizens that could not be achieved through individual actions ; ### ' mission ' means a portfolio of actions , which can be cross - cluster , intended to achieve a measurable goal within a set timeframe , are in line with the paris agreement ' s emissions goals and the un sdgs , have an impact for science and technology and society and citizens and that could not be achieved through individual actions ;


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the role of research and innovation in achieving growth , sustainable development and in developing , supporting and implementing union policies , objectives and commitments , and support equitable access to and the uptake of innovative solutions in industry and society to address global challenges and improve people ' s well - being ;


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the role of research and innovation in developing , supporting and implementing union policies , and support the uptake of research outcomes and innovative solutions in industry and society to address global challenges ;


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the eu added value of rdi funding , the impact of research and innovation achieving sustainable development and in developing , supporting and implementing union policies and commitments , in particular the un sdgs and the paris agreement , and support the equitable access to and uptake of innovative solutions in society and industry to improve people ' s well - being


### have a clear eu - added value and contribute to reaching union priorities ; ### have a clear eu - added value , contribute to reaching union priorities and commitments , in particular the un sdgs and the paris agreement ; ;


### spark activity across disciplines , sectors and actors ; ### spark activity across disciplines , including social sciences and humanities , sectors and actors ;


### parts of horizon europe may be implemented through european partnerships . the involvement of the union in european partnerships may take any of the following forms : ### parts of horizon europe may be implemented through european partnerships , where it is proven that the european partnerships is more effective in achieving the related objectives of the programme as compared to other framework programme actions / instruments . the involvement of the union in european partnerships may take any of the following forms :


### be established in cases where they will more effectively achieve objectives of horizon europe than the union alone ; ### be established in cases where proven that they will more effectively achieve objectives of horizon europe than the union as compared to other framework programme actions / instruments and where they have the potential and target to deliver societal impact and potential to help deliver the sustainable development goals and the union ' s climate related objectives , consistent with the paris agreement ;


### eur 25 800 000 000 for pillar i ' open science ' for the period 2021 - 2027 , of which ### eur 31 900 000 000 for pillar i ' excellent science ' for the period 2021 - 2027 , i . e . 27% of the total horizon budget , of which


### eur 16 600 000 000 for the european research council ; ### eur 20 170 000 000 for the european research council , i . e . 63% of the total budget of pillar i ;


### eur 6 800 000 000 for marie skłodowska - curie actions ; ### eur 8 670 000 000 for marie skłodowska - curie actions , i . e . 27% of the total budget of pillar i ;


### eur 2 400 000 000 for research infrastructures ; ### eur 3 060 000 000 for research infrastructures , i . e . 10% of the total budget of pillar i ;


### eur 52 700 000 000 for pillar ii ' global challenges and industrial competitiveness ' for the period 2021 - 2027 , of which ### eur 70 210 000 000 for pillar ii ' global societal challenges and a net - zero ghg emission economy ' for the period 2021 - 2027 , i . e . 59% of the total horizon budget , of which at least 70% will primarily focus on the pillar’s objective of addressing societal challenges and delivering societal impact :


### eur 7 700 000 000 for cluster ' health ' ; ### eur 9 820 000 000 for cluster ' health and well - being ' , i . e . 14% of the total budget of pillar ii ;


### eur 2 800 000 000 for cluster ' inclusive and secure society ' ; ### eur 2 380 000 000 for cluster ' inclusive society ' , i . e . 3% of the total budget of pillar ii ;


### eur 15 000 000 000 for cluster ' climate , energy and mobility ' ; ### eur 25 130 000 000 for cluster ' climate , energy and mobility ' , i . e . 36% of the total budget of pillar ii ;


### eur 2 200 000 000 for the non - nuclear direct actions of the joint research centre ; ### eur 2 810 000 000 for the non - nuclear direct actions of the joint research centre , i . e . 4% of the total budget of pillar ii ;


### eur 13 500 000 000 for pillar iii ' open innovation ' for the period 2021 - 2027 , of which ### eur 15 220 000 000 for pillar iii ' innovative europe ' for the period 2021 - 2027 , i . e . 13% of the total horizon budget , of which


### eur 3 000 000 000 for the european institute of innovation and technology ; ### eur 3 830 000 000 for the european institute of innovation and technology , i . e . 25% of the total budget of pillar iii ;


### eur 2 100 000 000 for part ' strengthening the european research area ' for the period 2021 - 2027 , of which ### eur 2 680 000 000 for part ' strengthening the european research area ' for the period 2021 - 2027 , i . e . 2% of the total horizon budget , of which


### eur 1 700 000 000 for ' sharing excellence ' ; ### eur 2 170 000 000 for ' sharing excellence ' , i . e . 81% of the total budget of ' strengthening the european research area ' ;


### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , deviate from the amounts referred to in paragraph 2 up to a maximum of 10% . no such deviation shall be allowed in respect of the amounts referred to in points of paragraph 2 of this article and the total amount set out for part ' strengthening the european research area ' of paragraph 2 of this article . ### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , deviate from the amounts referred to in paragraph 2 up to a maximum of 7% , including the allocation of the contributions from associated countries . a greater deviation in the positive direction will be possible under point , in order to comply with any new spending target or targets agreed under the mission innovation initiative launched at cop21 . the programme’s financial envelope may also be increased to comply with such a target or targets . no such deviation shall be allowed in respect of the amounts referred to in points of paragraph 2 of this article and the total amount set out for part ' strengthening the european research area ' of paragraph 2 of this article . budget transfers between this programme , whit its clear civilian focus , and the defence fund shall be inadmissible .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of animals , human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells , human embryos or animals , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures .


### the work programme may provide for eligibility criteria in addition to those set out in paragraphs 2 , 3 , 4 , and 5 according to specific policy requirements or to the nature and objectives of the action , including the number of legal entities , the type of legal entity and the place of establishment . ### the work programme may provide for eligibility criteria in addition to those set out in paragraphs 2 , 3 , 4 , and 5 , 5 a , 5b according to specific policy requirements or to the nature and objectives of the action , including the number of legal entities , the type of legal entity and the place of establishment .


### the programme may reimburse up to 100 % of total eligible costs of an action , except for : ### the programme may reimburse up to 100 % of total eligible costs of an action , except for large industry which shall receive up to maximum 50% and :


### programme co - fund actions : at least 30 % of the total eligible costs , and in identified and duly justified cases up to 70 % . ### programme co - fund actions : at least 30 % of the total eligible costs , and in identified and duly justified cases up to 50 % .


### the work programme may provide for additional exploitation obligations . ### the work programme may provide for additional exploitation obligations . additional exploitation and dissemination conditions will be laid down for results concerning technologies with potential for tackling major societal challenges , for example the development into a novel medical technology or technologies for fighting climate change .


### subject to any restrictions due to the protection of intellectual property , security rules or legitimate interests , beneficiaries shall disseminate their results as soon as possible . ### subject to any restrictions due to the protection of intellectual property , security rules or legitimate interests , beneficiaries shall disseminate their results as soon as possible . the results shall be made available in an open format enabling access and reuse of data , including for the performance of text and data mining .


### the work programme or rules of contest may include obligations regarding communication , exploitation and dissemination . ### the work programme or rules of contest shall include obligations regarding communication , ownership , access rights , exploitation and dissemination , including licensing provisions , to ensure maximum uptake of the results and affordable and widespread access to the results .


### cluster ' food and natural resources ' : protecting , restoring , sustainably managing and using natural and biological resources from land and sea to address food and nutrition security and the transition to a low carbon , resource efficient circular economy . ### cluster ' sustainable food , environment and natural resources ' : protecting , restoring , sustainably managing and using natural and biological resources from land and sea to address food and nutrition security and the transition to a decarbonised , resource efficient and circular economy .


### areas of intervention : environmental observation ; biodiversity and natural capital ; agriculture , forestry and rural areas ; sea and oceans ; food systems ; bio - based innovation systems ; circular systems ### areas of intervention : environmental observation ; biodiversity and nature conservation and restoration ; sustainably managed agriculture , forestry and rural areas ; sea and oceans and blue economy ; agro - ecological food systems ; bio - based innovation systems ; circular systems


### through the following activities , this part will , in line with article 4 , optimise the programme ' s delivery for increased impact within a strengthened european research area . it will also support the programme ' s other specific objectives as described in article 3 . while underpinning the entire programme , this part will support activities that contribute to a more knowledge - based and innovative and gender - equal europe , at the front edge of global competition , thereby optimising national strengths and potential across europe in a well - performing european research area , where knowledge and a highly skilled workforce circulate freely , where the outcomes of r&i are understood and trusted by informed citizens and benefit society as a whole , and where eu policy , notably r&i policy , is based on high quality scientific evidence . ### through the following activities , this part will , in line with article 4 , optimise the programme ' s delivery for increased impact within a strengthened european research area . it will also support the programme ' s other specific objectives as described in article 3 . while underpinning the entire programme , this part will support activities that contribute to a more knowledge - based and innovative and gender - equal europe , at the front edge of global competition , thereby optimising national strengths and potential across europe in a well - performing european research area , where knowledge and a highly skilled workforce circulate freely , where the outcomes of r&i are understood and trusted by informed citizens and benefit society as a whole , and where eu policy , notably r&i policy , is based on high quality scientific evidence . a swift link with the european higher education area is ensured in order to promote results and foster common energies between all research teams .


### the targets laid down in council directive 1999 / 31 / ec14 setting landfill restrictions should be amended to make them better reflect the union ' s ambition to move to a circular economy and make progress in the implementation of the raw materials initiative15 by reducing landfilling of waste destined for landfills for non - hazardous waste . __________________ 14 council directive 1999 / 31 / ec of 26 april 1999 on the landfill of waste . 15 com 699 and com 297 . ### the targets laid down in council directive 1999 / 31 / ec14 setting landfill restrictions should be increased to make them better reflect the union ' s ambition to move to a circular economy and make progress in the implementation of the raw materials initiative15 by phasing out landfilling of waste destined for landfills for non - hazardous waste . __________________ 14 council directive 1999 / 31 / ec of 26 april 1999 on the landfill of waste . 15 com 699 and com 297 .


### clear environmental , economic and social benefits would be derived from further restricting landfilling , starting with waste streams that are subject to separate collection . technical , environmental or economical feasibility of recycling or other recovery of residual waste resulting from separately collected waste should be taken into account in the implementation of these landfill restrictions . ### clear environmental , economic and social benefits would be derived from further restricting landfilling , starting with waste streams that are subject to separate collection . improvement in the technical , environmental or economical feasibility of recycling should be further supported with the aim of reducing as much as possible the amount of residual waste resulting from separately collected waste .


### ' biodegradable waste ' means any waste that is capable of undergoing anaerobic or aerobic decomposition , such as food and garden waste , and paper and paperboard ; ### point m is replaced by the following : ' ' biodegradable waste ' means food , garden waste , paper and paperboard , wood and non - animal agricultural waste such as straw , and any other waste that can undergo anaerobic or aerobic decomposition ; '


### member states shall report the data concerning the implementation of article 5 and for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5 . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 5 and for each calendar year to the commission . they shall collect , process and report this data , according to a common methodology , electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5 . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] .


### the power to adopt the delegated acts referred to in article 16 shall be conferred on the commission for an indeterminate period of time from [ enter date of entry into force of this directive ] . ### the power to adopt the delegated acts referred to in article 15 and 16 shall be conferred on the commission for an indeterminate period of time from [ enter date of entry into force of this directive ] .


### a delegated act adopted pursuant to article 16 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 15 and 16 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including : national promotional banks ; public agencies owned or controlled by member states ; public interest bodies ; public - private partnerships ; and public research institutions .


### expansion of renewable energy and energy and resource efficiency ; ### expansion of renewable energy , research into renewable energy and expansion of energy and resource efficiency ;


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure and research projects in the environmental , natural resources , sustainable urban and rural development and social fields ;


### the commission shall develop general performance requirements to facilitate the recognition of road markings and road signs . for this purpose , the commission shall adopt an implementing act in accordance with the procedure referred to in article 13 . ### the commission shall develop general performance requirements to facilitate the recognition of road markings and road signs . for this purpose , the commission shall propose a delegated act in accordance with article 12a .


### bicycle facilities ; ### bicycle facilities and their type ;


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2017 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 , or on the 2020 limit established in decision no 406 / 209 / ec , whichever is lower , and ending in 2030 on the limit set for that member state in annex i to this regulation .


### in 2027 and 2032 , if the reviewed greenhouse gas emissions of a member state exceed its annual emission allocation for any specific year of the period , pursuant to paragraph 2 of this article and the flexibilities used pursuant to articles 5 to 7 , the following measures shall apply : ### if the reviewed greenhouse gas emissions of a member state exceed its annual emission allocation for any specific year , pursuant to paragraph 2 of this article and the flexibilities used pursuant to articles 5 to 7 , the following measures shall apply :


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 to take stock of the collective efforts of parties in relation to progress towards the global long - term goal , and within six months of the global stocktake in 2023 and subsequent global stocktakes thereafter , the commission shall report to the european parliament and to the council on the operation of this regulation . the report shall assess the contribution of this regulation to the eu ' s overall 2050 greenhouse gas emission reduction target and the adequacy of its contribution to the goals of the paris agreement , and shall be accompanied with proposals to enhance the union ' s climate action as appropriate .


### both organisations provided added value both to the sum of activities of their national members and to union consumers in a way that national consumer advocacy groups were unable to deliver . national organisations dealing with all kinds of consumers ' issues lack technical expertise in policy areas related to financial services . in addition , no other similar organisations have been identified at union level so far . the evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012 , which tends to show that no other organisation is currently able to carry out similar union - wide activities . ### both organisations provided added value both to the sum of activities of their national members and to union consumers in a way that national consumer advocacy groups were unable to deliver . national organisations dealing with all kinds of consumers ' issues lack technical expertise in policy areas related to financial services . in addition , no other similar organisations have been identified at union level so far . the evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012 , which tends to show that no other organisation is currently able to carry out similar union - wide activities . hence the need to support both organisations on a more sustainable mid - term basis .


### activities reinforcing the interactions between the members of the organisations referred to in article 3 and advocacy activities fostering the positions of those members at union level . ### activities reinforcing the interactions between the members of the organisations referred to in article 3 as well as advocacy and policy advice activities fostering the positions of those members at union level and promoting the public interest in financial regulation .


### to further enhance the participation of consumers and other financial services end - users , as well as stakeholders representing their interests , in union policy - making in the area of financial services ; ### to further enhance the participation of consumers and other financial services end - users , as well as stakeholders representing their interests , in union and multilateral policy - making in the area of financial services ;


### in order to benefit from the programme , these beneficiaries shall remain non - governmental , non - profit - making legal entities , independent of industry , commerce or business . they shall have no other conflicting interests and represent through their members the interests of union consumers and other end - users in the field of financial services . the commission shall ensure continued compliance with these criteria for the duration of the programme by including them in the annual work programmes referred to in article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in article 4 . ### in order to benefit from the programme , these beneficiaries shall remain non - governmental , non - profit - making legal entities , independent of industry , commerce or business . they shall have no other conflicting interests . they shall represent through their members the interests of union consumers and other end - users in the field of financial services and seek to expand their network of active members within the member states . the commission shall ensure continued compliance with these criteria for the duration of the programme by including them in the annual work programmes referred to in article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in article 4 .


### in order to implement the programme , the commission shall adopt annual work programmes . those annual work programmes shall set out the objectives to be pursued , the expected results of the actions performed by the beneficiaries , the method of implementation of those actions and the total amount required to perform those actions . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall set out priorities and essential award criteria . the maximum rate of co - financing shall be 60% of eligible costs . ### in order to implement the programme , the commission shall confirm the beneficiaries ' annual work programmes . those annual work programmes shall set out the objectives to be pursued , the expected results of the actions performed by the beneficiaries , the method of implementation of those actions and the total amount required to perform those actions . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the operating grants , the annual work programmes shall set out priorities and essential award criteria . the maximum rate of co - financing shall be 60% of eligible costs .


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to aim at eu wide cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order where strategic interests are affected , including , among others , enabling key technologies , strategic assets , strategic and sensitive data etc . this is without prejudice to the sole responsibility of the member states for the maintenance of national security and public order .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , critical technologies , including key enabling technologies , and inputs or sensitive information which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should take into account whether a foreign investor is owned , operated or otherwise controlled directly or indirectly by the government or state bodies of a third country and / or pursuing state - led outward foreign direct investments policies for strategic industrial goals , corroborated through significant funding and subsidies , extended credit and lending by the government of a third country or a state - owned financial institution . when screening a foreign direct investment , the commission may also assess the effect on specific key know - how and technologies , which could be significant for the mid - and long - term economic security .


### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . ### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . it is also appropriate that member states allow trade unions to request the activation of their national screening mechanism .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states and the commission to cooperate in a transparent manner and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states , whose security or public order may be affected by a foreign direct investment in another member state , should be able to provide comments to the commission . the commission should then forward all comments to the member state where the investment is planned as well as all other member states concerned . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned . based on the comments received , the commission may request the issue to be discussed in the framework of the investment screening coordination group .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission and member states a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , a list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information exchange and coordination between member states with regard to foreign direct investments falling under the scope of this regulation in all member states . member states in which the foreign direct investment is planned or has been completed should make this information available upon request of the member states or of the commission or the investment screening coordination group . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including information about subsides granted by third countries .


### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment ; ### ' foreign investor ' means a natural person of a third country or an undertaking effectively controlled or owned by nationals of a third country , intending to make or having made a foreign direct investment ;


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of security or public order of one or more member state or the security or public order in terms of projects or programmes of union interest , member states and the commission may consider the potential effects on , inter alia :


### member states that maintain screening mechanisms shall provide the commission with an annual report on the application of their screening mechanisms . for each reporting period , the report shall include in particular information on : ### by . . . [ 2 years after the entry into force of this regulation ] , and every two years thereafter , member states that maintain screening mechanisms shall provide the commission with a report on the application of their screening mechanisms . for each reporting period , the report shall include in particular information on :


### member states that maintain screening mechanisms shall provide the commission with an annual report on the application of their screening mechanisms . for each reporting period , the report shall include in particular information on : ### member states that maintain screening mechanisms shall provide every two years the commission with a report on the application of their screening mechanisms . for each reporting period , the report shall include in particular information on :


### member states shall inform the commission and the other member states of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms , within 5 working days from the start of the screening . as part of the information , and when applicable , the screening member states shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of regulation no 139 / 2004 . ### a member state shall inform the commission and the other member states of any foreign direct investments that are subject to screening within the framework of its screening mechanism , within five working days from the start of the screening . as part of the information , and when applicable , the screening member state shall endeavour to indicate whether it considers that the foreign direct investment which is subject to the screening is likely to fall within the scope of regulation no 139 / 2004 .


### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel . ### where a member state considers that a foreign direct investment , planned or completed , in another member state is likely to affect its security or public order , it may provide comments to the commission . the commission shall collect all comments received and transmit them to the member state where the foreign direct investment is planned or has been completed , as well as to all other member states .


### cooperation between member states pursuant to this article shall take place through the contact points referred to in article 12 . ### cooperation between member states pursuant to this article shall take place through discussion in the investment screening coordination group referred to in article 12a if requested by the commission .


### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay . ### member states shall ensure that any information requested by the commission pursuant to articles 8 and 9 or by the investment screening coordination group is made available without undue delay , while taking into account the sensitivity of the information and guaranteeing confidentiality .


### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation . ### member states , the european parliament and the commission shall ensure the full protection of confidential information , including commercially - sensitive information , acquired in application of this regulation .


### significant progress has been achieved in the union in the past 10 years in the field of mercury management following the adoption of the strategy and of a wide range of measures concerning mercury emissions , supply , demand and use and the management of mercury surplus and stocks . ### management of the production of mercury , its emissions and its supply , demand and use in industrial production processes , in addition to the management of mercury surplus and stocks , must be planned with the aim of protecting the environment and health , always taking into account the precautionary principle .


### the strategy establishes that the negotiation and conclusion of an international legally - binding instrument should be a priority as union action alone cannot guarantee effective protection of the citizens of the union against the negative health effects of mercury . ### in addition to the provisions of the mercury management strategy , which establishes that the negotiation and conclusion of an international legally - binding instrument should be a priority , the european union should endeavour to excel among its global partners in order to guarantee a protection of its citizens from the negative health effects of mercury that is truly effective , by setting best practice examples to all countries that are party to the minamata convention .


### the use of dental amalgam in an encapsulated form and the implementation of amalgam separators should be made mandatory to protect dental practitioners and patients from mercury exposure and to ensure that resulting mercury waste are not released into the environment , but are collected and subjected to sound waste management . given the size of the undertakings from the dentristy sector concerned by this change , it is appropriate to provide sufficient time to adapt to the new provision . ### pending the total elimination of the use of mercury in dentistry , the use of dental amalgam in an encapsulated form and the implementation of amalgam separators should be made mandatory to protect dental practitioners and patients from mercury exposure and to ensure that resulting mercury waste is not released into the environment , but is collected and subjected to sound waste management .


### the import of mercury and of mixtures listed in annex i for uses other than disposal as waste shall be prohibited . ### the import of mercury , and of mercury compounds and mixtures listed in annex i , shall be prohibited . however , the import of mercury and of mixtures listed in annex i for disposal shall be prohibited as of 1 january 2028 .


### by way of derogation from paragraphs 1 and 2 , where an economic operator intends to manufacture and / or place on the market a new mercury - added product or to operate a new manufacturing process , the operator shall notify the competent authorities of the member state concerned and provide them , with the following : ### by way of derogation from paragraphs 1 and 2 , where an economic operator intends to manufacture and / or place on the market a new mercury - added product or to operate a new manufacturing process , the operator shall notify the competent authorities of the member state concerned and provide them , also by way of derogation from the rules on the industrial protection of technical documentation , with the following :


### - take steps to reduce , and where feasible eliminate , the use of mercury and mercury compounds in , and the emissions and releases to the environment of mercury from , such mining and processing ; ### - prohibit the use of mercury and mercury compounds in such mining and processing ;


### the companies operating within the industry sectors referred to in points , and of article 11 shall send each year by 31 may to the competent authorities of the member states concerned data related to the total amount of mercury waste stored in each installation and sent to individual temporary or permanent storage facilities as well as the location and contact details of those facilities . ### the companies operating within the industry sectors referred to in points , and of article 11 shall send each year by 31 may to the competent authorities of the member states concerned data related to the total amount of mercury waste stored in each installation and sent to individual temporary storage facilities , solidification facilities and final disposal facilities as well as the location and contact details of those facilities .


### a summary of the information gathered in accordance with article 12 ; ### a summary of the information gathered in accordance with article 12 and article 13a ;


### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 . ### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of member states , third countries and / or with national or international organisations , in accordance to article 26 .


### the commission ' s communication on ' a new , modern multiannual financial framework for a european union that delivers efficiently on its priorities post - 2020 ' 57 outlines among the options for the future financial framework a programme for europe ' s digital transformations to deliver ' strong progress towards smart growth in areas such as high quality data infrastructure , connectivity and cybersecurity ' . it would seek to secure european leadership in supercomputing , next generation internet , artificial intelligence , robotics and big data . it would reinforce the competitive position of industry and businesses in europe across the digitised economy and would have a significant impact on filling the skills gap across the union . _________________ 57 com 98 final ### the commission ' s communication on ' a new , modern multiannual financial framework for a european union that delivers efficiently on its priorities post - 2020 ' 57 outlines among the options for the future financial framework a programme for europe ' s digital transformations to deliver ' strong progress towards smart growth in areas such as high quality data infrastructure , connectivity and cybersecurity ' . it would seek to secure european leadership in supercomputing , next generation internet , artificial intelligence , robotics and big data . it would reinforce the competitive position of industry and businesses in europe across the digitised economy and ensure its economic position vis - a - vis third countries , while creating new opportunities for smes and start - ups and fostering the emergence of new sustainable business models , including the development of the collaborative economy in the transport sector , and would have a significant impact on filling the skills gap across the union . _________________ 57 com 98 final


### 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 lead to the achievement of an overall target of 25% of the eu budget expenditures supporting climate objectives74 . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . _________________ 74 com 321 final , page 1 ### 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 lead to the achievement of an overall target of at least 30% of the eu budget expenditures supporting climate objectives74 . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . as the transport sector currently accounts for almost a quarter of the union´s ghg emissions , digitisation and digitalisation in particular in the logistics sector , mobility management , c - its and new transport technologies can contribute significantly to achieving the said targets . _________________ 74 com 321 final , page 1


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , environmental and economic value . in particular , the efsi should target projects that promote the achievement of the union ' s objectives on climate and energy , quality job creation , environmentally sustainable long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in structuring and financing investment projects and in at least one of the areas listed in this regulation . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies .


### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union . ### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union and be suited especially to address the needs of smes .


### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union . ### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union , and should redirect as appropriate towards decentralised entities providing the technical assistance support .


### the commission shall , by 30 june of each year , send to the european parliament , the council and the court of auditors an annual report on the situation of the guarantee fund and the management thereof in the previous calendar year . ### the commission shall , by 31 march of each year , send to the european parliament , the council and the court of auditors the annual accounts , the financial statement and an annual report in accordance with regulation no 996 / 2012 on the situation of the efsi and the management thereof in the previous calendar year . this report shall also give information on the adequacy of the level of the eu guarantee and , if necessary , recommendations on adjusting its level .


### an assessment of the added value , the mobilisation of private sector resources , the estimated and actual outputs , outcomes and impact of eib financing and investment operations at an aggregated basis ; ### an assessment , taking into account the criteria referred to in article 2a , of the added value , the mobilisation of private sector resources , the ex - ante estimated and realised outputs , outcomes and impact of eib financing and investment operations on an aggregated and project by project basis ;


### the eib shall notify olaf promptly and provide it with the necessary information when , at any stage of the preparation , implementation or closure of operations subject to the eu guarantee , it has grounds to suspect that there is a potential case of fraud , corruption , money laundering or other illegal activity that may affect the financial interests of the union . ### the eib shall notify olaf promptly and provide it with the necessary information when , at any stage of the preparation , implementation or closure of operations subject to the efsi , it has grounds to suspect that there is a potential case of fraud , corruption , embezzlement , money laundering or other illegal activity that may affect the financial interests of the union .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### in order to limit the atmospheric emissions of air pollutants and to effectively contribute to the union objective of achieving air quality that does not give rise to significant negative impacts on and risks to health , and to reducing the levels deposition of acidifying and eutrophying pollutants below critical loads and levels , binding national emission reduction commitments are set in this directive for 2020 , 2025 and 2030 .


### emissions from international maritime traffic , without prejudice to article 5 . ### emissions from international maritime traffic .


### nitrogen management , taking into account the full nitrogen cycle ; ### nitrogen management , taking into account the full nitrogen cycle , and establishing soil and nutrient management plans ;


### low - emission manure processing and composting systems ; ### low - emission manure processing and composting systems including separation into liquids and solids ;


### establishing and operating mechanisms for users of video - sharing platforms to report or flag to the video - sharing platform provider concerned the content referred to in paragraph 1 stored on its platform ; ### establishing and operating mechanisms for users of video - sharing platforms to report or flag to the video - sharing platform provider concerned the content referred to in paragraph 1 and 2 stored on its platform


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall establish the necessary mechanisms to assess the transparency , necessity , proportionality and appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers .


### member states shall ensure that complaint and redress mechanisms are available for the settlement of disputes between users and video - sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2 . ### member states shall ensure that effective complaint and redress mechanisms are available for the settlement of disputes , including counter - notice procedure , between users and video - sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2 .


### member states shall ensure that national regulatory authorities have adequate enforcement powers to carry out their functions effectively . ### member states shall ensure that national regulatory authorities have adequate enforcement powers and resources to carry out their functions effectively .


### to cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 and 4 thereof ; ### cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 , 4 and 7 thereof


### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query . ### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the parameters determining ranking of offers and their relative importance , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear , comprehensible and accessible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . this information should explain the parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query .


### directive 2011 / 83 / eu already applies to contracts for the supply of digital content which is not supplied on a tangible medium regardless of whether the consumer pays a price in money or provides personal data . in contrast , directive 2011 / 83 / eu only applies to service contracts , including contracts for digital services , under which the consumer pays or undertakes to pay a price . consequently , that directive does not apply to contracts for digital services under which the consumer provides personal data to the trader without paying a price . given their similarities and the interchangeability of paid digital services and digital services provided in exchange for personal data , they should be subject to the same rules under directive 2011 / 83 / eu . ### directive 2011 / 83 / eu already applies to contracts for the supply of digital content which is not supplied on a tangible medium regardless of whether the consumer pays a price in money or provides personal data . in contrast , directive 2011 / 83 / eu only applies to service contracts , including contracts for digital services , under which the consumer pays or undertakes to pay a price . consequently , that directive does not apply to contracts for digital services under which the consumer provides personal data to the trader without paying a price . given the similarity of paid digital services and digital services where the consumer provides personal data , they should be subject to the same rules under directive 2011 / 83 / eu .


### consistency should be ensured between the scope of application of directive 2011 / 83 / eu and the [ digital content directive ] , which applies to contracts for the supply of digital content of digital services under which the consumer provides personal data to the trader . ### consistency should be ensured between the scope of application of directive 2011 / 83 / eu and the [ digital content directive ] , which also applies to contracts for the supply of digital content of digital services under which the consumer provides personal data to the trader .


### where digital content and digital services are not supplied in exchange for a price , directive 2011 / 83 / eu should also not apply to situations where the trader collects personal data exclusively to maintain in conformity digital content or a digital service or for the sole purpose of meeting legal requirements . such situations could include cases where the registration of the consumer is required by applicable laws for security and identification purposes , or cases where the developer of open - source software only collects data from users to ensure the compatibility and interoperability of open - source software . ### in order to ensure full alignment with the digital content directive , where digital content and digital services are not supplied in exchange for a price , directive 2011 / 83 / eu should also not apply to situations where the trader collects personal data exclusively to maintain in conformity digital content or a digital service or for the sole purpose of meeting legal requirements . such situations could include cases where the registration of the consumer is required by applicable laws for security and identification purposes , or cases where the developer of open - source software only collects data from users to ensure the compatibility and interoperability of open - source software .


### directive 2011 / 83 / eu should also not apply to situations where the trader only collects metadata , such as the ip address , browsing history or other information collected and transmitted for instance by cookies , except where this situation is considered a contract under national law . it should also not apply to situations where the consumer , without having concluded a contract with the trader , is exposed to advertisements exclusively in order to gain access to digital content or a digital service . however , member states should remain free to extend the application of the rules of directive 2011 / 83 / eu to such situations or to otherwise regulate such situations which are excluded from the scope of that directive . ### directive 2011 / 83 / eu should also not apply to situations where the consumer , without having concluded a contract with the trader , is exposed to advertisements that do not entail any processing of personal data exclusively in order to gain access to digital content or a digital service . however , member states should remain free to extend the application of the rules of directive 2011 / 83 / eu to such situations or to otherwise regulate such situations which are excluded from the scope of that directive .


### considering technological developments , it is necessary to remove the reference to fax number from the list of the means of communication in article 6 of directive 2011 / 83 / eu since fax is rarely used and largely obsolete . furthermore , traders should be able to provide , as alternative to an e - mail address , other means of online communication with consumers , for example , online forms and chats , provided that such alternative means enable the consumer to retain the content of the communication on a durable medium in a similar way as e - mail . annex i of the directive ' information concerning the exercise of the right of withdrawal ' should also be adjusted in accordance with this amendment . ### considering technological developments , it is necessary to remove the reference to fax number from the list of the means of communication in article 6 of directive 2011 / 83 / eu since fax is rarely used and largely obsolete . furthermore , traders should be able to provide , in addition to an e - mail address , other means of online communication with consumers , for example , online forms and chats which enable the consumer to retain the content of the communication on a durable medium in a similar way as e - mail . it is necessary however that an e - mail always remains available as a means of online communication with consumers , as different technical limitations of online forms and chats often hinder consumers in using them in practice . annex i of the directive ' information concerning the exercise of the right of withdrawal should also be adjusted in accordance with this amendment .


### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical when , in reality , they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . ### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing of products as being seemingly identical or similar when , in reality , they have different composition or characteristics , without the consumer being clearly and comprehensively informed thereof , may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case , but generally speaking , in cases where : one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation ; this difference may change the economic behaviour of the average consumer , who would have taken a different purchasing decision where he was aware of such a difference . in order to assess whether the appearance is seemingly identical , any words , data , trademarks , brand names , illustrations or symbols relating to a particular product and placed on the package , the document , the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics , taste or nature and , where appropriate , its trademark , shall be taken into account .


### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical when , in reality , they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . ### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical or seemingly identical when , in reality , they have a different composition or characteristics is misleading to consumers and may cause them to take a transactional decision that they would not have taken otherwise .


### such a practice can therefore be qualified as contrary to directive 2005 / 29 / ec based on a case by case assessment of relevant elements . in order to facilitate the application of existing law by member states ' consumer and food authorities , guidance on the application of current eu rules to situations of dual quality of food products was provided in the commission notice of 26 . 9 . 2017 ' on the application of eu food and consumer protection law to issues of dual quality of products – the specific case of food ' . 46 in this context , the commission ' s joint research centre is currently developing a common approach to the comparative testing of food products . __________________ 46 c6532 . ### such a practice should therefore be qualified as contrary to directive 2005 / 29 / ec . in order to facilitate the application of existing law by member states ' consumer and food authorities , guidance on the application of current eu rules to situations of dual quality of food products was provided in the commission notice of 26 . 9 . 2017 ' on the application of eu food and consumer protection law to issues of dual quality of products – the specific case of food ' . 46 in this context , the commission ' s joint research centre is currently developing a common approach to the comparative testing of food products . __________________ 46 c6532 .


### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are justified on grounds of public policy or the protection of the respect for private life . ### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products or services to consumers , provided that such provisions are justified on grounds of public policy or the protection of the respect for private life .


### where the penalty to be imposed is a fine , the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of its amount . ### where the penalty to be imposed is a fine , the infringing trader’s total worldwide annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of its amount .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 10 000 000 eur or 4 % of the trader’s total worldwide annual turnover , whichever is higher .


### when deciding about the allocation of revenues from fines member states shall take into account the general interest of consumers . ### member states shall allocate the revenues from fines to furthering the general interest of consumers .


### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ; ### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying or maintaining in conformity the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ;