### policies and measures to achieve the national contribution to the binding eu - level 2030 target for renewable energy and trajectories as presented in 2 . 1 . 2 including sector - and technology - specific measures6 __________________ 6 . when planning these measures , member states shall take into account the end of life of existing installations and the potential for repowering . ### policies and measures to achieve the 2030 national binding target for renewable energy and trajectories as presented in 2 . 1 . 2 including sector - and technology - specific measures6 __________________ 6 . when planning these measures , member states shall take into account the end of life of existing installations and the potential for repowering .


### regional cooperation is key to ensure an effective achievement of the objectives of the energy union . member states should get the opportunity to comment on other member states ' plans before they are finalised to avoid inconsistencies and potential negative impacts on other member states and ensure that common objectives are met collectively . regional cooperation in elaborating and finalising national plans as well as in the subsequent implementation of national plans should be essential to improve effectiveness and efficiency of measures and foster market integration and energy security . ### macro - regional partnerships are the ideal level of governance for member states to jointly implement some policies and measures contributing to achieve common targets and objectives in a cost - optimal manner . the commission should facilitate the establishment of such partnerships between member states and identify the costs of non - acting together . member states should also get the opportunity to comment on other member states ' plans before they are finalised to avoid inconsistencies and potential negative impacts on other member states . regional cooperation in elaborating and finalising national plans as well as in the subsequent implementation of national plans should be essential to improve effectiveness and efficiency of measures and foster market integration and energy security .


### by 1 january 2019 and every ten years thereafter , each member state shall notify to the commission an integrated national energy and climate plan . the plans shall contain the elements set out in paragraph 2 and annex i . the first plan shall cover the period from 2021 to 2030 . the following plans shall cover the ten - year period immediately following the end of the period covered by the previous plan . ### by 1 january2019 and every five years thereafter , each member state shall submit to the commission an integrated national energy and climate plan . the plans shall contain the elements set out in paragraph 2 and annex i . the first plan shall cover the period from 2021 to 2030 . the following plans shall cover the ten - year periods from 2026 to 2035 , from 2031 to 2040 , from 2036 to 2045 and from 2041 to 2050 .


### if applicable , other national objectives and targets consistent with existing long - term low emission strategies . if applicable , other objectives and targets , including sector targets and adaptation goals ### other national objectives and targets consistent with existing long - term low emission strategies . other objectives and targets , including sector targets and adaptation goals


### the member states shall make available to the public forthwith their respective long - term low emission strategies and any updates thereof . ### the member states and the commission shall develop their strategies openly and transparently , and ensure that the public , social partners , businesses , investors , civil society and other stakeholders are given early and effective opportunities to participate in the preparation of the long - term climate and energy strategies and make the strategies and any supporting analyses and data public , including through the e - platform as referred to in article 24 .


### member states shall prepare and report to the commission by 1 january 2020 and every 10 years thereafter their long - term low emission strategies with a 50 years perspective , to contribute to : ### member states and the commission on behalf of the union shall prepare by 1 january 2019 and every five years thereafter their long - term energy and climate strategies with a 2050 perspective , to :


### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 , and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it may issue recommendations to all member states pursuant to article 28 to mitigate such risk . the commission shall , as appropriate , take measures at union level in addition to the recommendations in order to ensure , in particular , the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . with regard to renewable energy , such measures shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target . ### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it shall issue recommendations to all member states pursuant to article 28 to mitigate such risk . the commission shall , as appropriate , take measures at union level in addition to the recommendations in order to ensure in particular the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . such measures shall take into consideration the level of compliance by member states with their national binding target and trajectory . in the area of energy efficiency , such additional measures may in particular improve the energy efficiency of : products , pursuant to directive 2010 / 30 / eu and directive 2009 / 125 / ec , buildings , pursuant to directive 2010 / 31 / eu and directive 2012 / 27 / eu and transport .


### policies and measures relating to member states ' and union level objectives and other policies and measures of potential cross - border relevance ; ### improve individual existing and planned policies and measures included in national energy and climate plans including those of potential cross - border relevance ;


### if applicable , other national objectives and targets consistent with existing long - term low emission strategies . if applicable , other objectives and targets , including sector targets and adaptation goals ### other national objectives and targets consistent with the paris agreement and the long - term emission strategies leading to net - zero greenhouse gas emissions within the union by 2050 at the latest . if applicable , other objectives and targets , including sector targets and adaptation goals


### the commission shall report to the european parliament and to the council by 28 february 2026 and every five years thereafter on the operation of this regulation , its contribution to the governance of the energy union and the conformity of the planning , reporting and monitoring provisions of this regulation with other union legislation or future decisions relating to the unfccc and the paris agreement . the commission 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 and implementation of this regulation , its contribution to the governance of the energy union and the conformity of the planning , reporting and monitoring provisions of this regulation with other union legislation or future decisions relating to the unfccc and the adequacy of its contribution to the goals of paris agreement . the reports shall be accompanied by proposals to enhance the union ' s climate and energy action as appropriate .


### long - term strategy for the renovation of the national stock of residential and commercial buildings 7including policies and measures to stimulate cost - effective deep and staged deep renovations __________________ 7 in accordance with article 2a of directive 2010 / 31 / eu [ version as amended in accordance with proposal com765 ] . ### long - term strategy for the renovation of the national stock of residential and non - residential buildings 7 including policies and measures to stimulate cost - effective deep and staged deep renovations to ensure a nearly zero energy building stock by 2050 __________________ 7 in accordance with article 2a of directive 2010 / 31 / eu [ version as amended in accordance with proposal com765 ] .


### a description of the policies and measures foreseen to meet the corresponding objectives , targets and contributions set out under point ; ### a description of the planned policies and measures foreseen to meet the corresponding objectives and targets set out under points and , including a description of the way the energy efficiency first principle is integrated into these policies and measures ;


### in order to limit administrative burden on member states and the commission , the latter should establish an online reporting platform to facilitate communication and promote cooperation . that should ensure timely submission of reports and facilitate improved transparency on national reporting . the e - reporting platform should complement , build on and benefit from existing reporting processes , databases and e - tools , such as those of the european environment agency , eurostat , the joint research centre and the lessons learned from the union ' s eco - management and audit scheme . ### in order to increase transparency in energy and climate policy - making and to limit administrative burden on member states and the commission , the latter should establish a public online platform to facilitate public access to information , communication between the commission and the member states as well as cooperation among member states . that should ensure timely submission of reports and facilitate improved transparency on national reporting . the e - platform platform should complement , build on and benefit from existing reporting processes , databases and e - tools , such as those of the european environment agency , eurostat , the joint research centre and the lessons learned from the union ' s eco - management and audit scheme .


### the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . member states should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans in accordance , where applicable , with the provisions of directive 2001 / 42 / ec of the european parliament and of the council24 and the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans . __________________ 24 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment . ### member states should establish a permanent multi - level energy dialogue platform gathering local authorities , civil society organisations , business community , investors , any other relevant stakeholders to discuss the different options envisaged for energy and climate policies . integrated national energy and climate plans as well as long - term climate and energy strategies should be discussed within the framework of this platform . the eu is committed to promoting gender equality and ensuring gender mainstreaming in all of its actions , therefore member states should fully take into account this principle in the definition and implementation of their integrated national energy and climate plan and their long - term climate and energy strategies . the implementation of policies and measures in the areas of the energy and climate has an impact on the environment . member states should therefore ensure that the public is given early and effective opportunities to actively participate in the preparation of the integrated national energy and climate plans and long - term climate and energy strategies in accordance , where applicable , with the provisions of directive 2001 / 42 / ec of the european parliament and of the council24 and the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters of 25 june 1998 . member states should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans . __________________ 24 directive 2001 / 42 / ec of the european parliament and of the council of 27 june 2001 on the assessment of the effects of certain plans and programmes on the environment .


### should the ambition of integrated national energy and climate plans or their updates be insufficient for the collective achievement of the energy union objectives and , for the first period , in particular the 2030 targets for renewable energy and energy efficiency , the commission should take measures at union level in order to ensure the collective achievement of these objectives and targets . should progress made by the union towards these objectives and targets be insufficient for their delivery , the commission should , in addition to issuing recommendations , take measures at union level or member states should take additional measures in order to ensure achievement of these objectives and targets . such measures should take into account early ambitious contributions made by member states to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement . in the area of renewable energy , such measures can also include financial contributions by member states to a financing platform managed by the commission , which would be used to contribute to renewable energy projects across the union . member states ' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards . in the area of energy efficiency , additional measures can in particular aim at improving the energy efficiency of products , buildings and transport . ### should the policies and measures described in the integrated national energy and climate plans or their updates be insufficient for the achievement of the 2030 binding national targets for renewable energy and energy efficiency , the commission should take measures at union level in order to ensure the achievement of these objectives and targets . the commission should issue recommendations , take measures at union level or request additional measures from member states . in the area of renewable energy , such measures can include financial contributions by member states to a financing platform managed by the commission , which would be used to contribute to renewable energy projects across the union , including rpei . recommendations and measures should take into account the level of compliance of the member states concerned with their binding trajectory . member states ' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards . in the area of energy efficiency , additional measures can in particular aim at improving the energy efficiency of products , buildings and transport .


### in view of the collective achievement of the objectives of the energy union strategy , it will be essential for the commission to assess national plans and , based on progress reports , their implementation . for the first ten - year period , this concerns in particular the achievement of the union - level 2030 targets for energy and climate and national contributions to those targets . such assessment should be undertaken on a biennial basis , and on an annual basis only where necessary , and should be consolidated in the commission ' s state of the energy union reports . ### it will be essential for the commission to assess draft national plans as well as the implementation of notified national plans by means of progress reports in view of the achievement of the objectives of the energy union strategy , for the first period in particular with regard to the binding union - level and national binding 2030 targets for energy and climate . such assessment should be undertaken on annual and biennial basis , and should be consolidated in the commission ' s state of the energy union reports .


### member states ' integrated progress reports should mirror the elements set out in the template for the national plans . a template for the integrated progress reports should be detailed in subsequent implementing act given their technical nature and the fact that the first progress reports are due in 2021 . the progress reports should be carried out in order to ensure transparency towards the union , other member states and market actors including consumers . they should be comprehensive across the five dimensions of the energy union and , for the first period , at the same time put emphasis on areas covered by the targets of the 2030 climate and energy framework . ### member states ' integrated progress reports should mirror the elements set out in the template for the national plans . the progress reports should be carried out in order to ensure transparency towards the union , other member states , local authorities , market actors including consumers , any other relevant stakeholders and the general public . they should be comprehensive across the five dimensions of the energy union and , for the first period , at the same time put emphasis on areas covered by the targets of the 2030 climate and energy framework .


### in order to limit administrative burden on member states and the commission , the latter should establish an online reporting platform to facilitate communication and promote cooperation . that should ensure timely submission of reports and facilitate improved transparency on national reporting . the e - reporting platform should complement , build on and benefit from existing reporting processes , databases and e - tools , such as those of the european environment agency , eurostat , the joint research centre and the lessons learned from the union ' s eco - management and audit scheme . ### in order to increase transparency in energy and climate policy - making and to limit administrative burden on member states and the commission , the latter should establish an online platform to facilitate communication and promote cooperation . that should ensure timely submission of reports and facilitate improved transparency on national reporting . the e - platform should complement , build on and benefit from existing reporting processes , databases and e - tools , such as those of the european environment agency , eurostat , the joint research centre and the lessons learned from the union ' s eco - management and audit scheme .


### the macroeconomic , environmental , skills and social impact of the planned policies and measures referred to in article 7 and further specified in annex i , for the first ten - year period at least until the year 2030 including a comparison with the projections based on existing policies and measures referred to in paragraph 1 ; ### the macroeconomic , health , environmental , skills and social impact of individual and aggregated planned policies and measures referred to in article 7 and further specified in annex i , for the first ten - year period at least until the year 2030 including a comparison with the projections of existing policies and measures referred to in paragraph 1 . the methodology used to assess these impacts shall be made public and the use of cost - benefit analysis shall be encouraged ;


### cumulative amount of energy savings to be achieved over the period 2021 - 2030 under article 7 on energy saving obligations of directive 2012 / 27 / eu [ version as amended in accordance with proposal com761 ] , ### cumulative amount of energy savings to be achieved over the period 2021 - 2030 and following periods up to 2050 under article 7 on energy saving obligations of directive 2012 / 27 / eu [ version as amended in accordance with proposal com761 ] ,


### as is the case for planning , sectorial union legislation in the energy and climate fields sets out reporting requirements , many of which have been useful tools to drive change at the national level , but those requirements have been introduced at different moments in time which has led to overlaps and insufficient consideration of synergies and interactions between policy areas such as ghg mitigation , renewable energy , energy efficiency and market integration . to strike the right balance between the need to ensure a proper follow - up of the implementation of national plans and the need to reduce administrative burden , member states should establish biennial progress reports on the implementation of the plans and other developments in the energy system . some reporting however , particularly with regard to reporting requirements in the climate field stemming from the united nations framework convention on climate change and union regulations , would still be necessary on a yearly basis . ### as is the case for planning , sectorial union legislation in the energy and climate fields sets out reporting requirements , which have been useful tools to drive change at the national level . to strike the right balance between the need to ensure a proper follow - up of the implementation of national plans and the need to reduce administrative burden , member states should therefore establish biennial progress reports on the implementation of the plans and other developments in the energy system . some reporting however , particularly with regard to reporting requirements in the climate field stemming from the united nations framework convention on climate change and union regulations , would still be necessary on a yearly basis . member states should hence communicate annually their approximated estimates of ghg emissions , energy consumed from renewable sources , level of primary and final energy consumption . the european environment agency should play a role in the compilation of these annual approximated estimates .


### member states and the commission should ensure close cooperation on all matters relating to the implementation of the energy union and this regulation , with close involvement of the european parliament . the commission should as appropriate assist member states in implementing this regulation , particularly with regard to the establishment of the national plans and associated capacity building . ### member states and the commission should ensure close cooperation on all matters relating to the implementation of the energy union and this regulation , with close involvement of the european parliament . the commission should assist member states in implementing this regulation , particularly with regard to the establishment of the integrated national energy and climate plans , the long - term climate and energy strategy and associated capacity building by mobilising internal resources from the european environment agency , the joint research centre , internal modelling capacity and , where relevant , external expertise .


### key national objectives for electricity and gas transmission infrastructure that are necessary for the achievement of objectives and targets under any of the five key dimensions of the energy union ; ### key national objectives for electricity and gas transmission and distribution infrastructure that are necessary for the achievement of objectives and targets under any of the five key dimensions of the energy union ;


### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , it is considered appropriate allow for a derogation of in respect of 50% of the emissions from flights to and from aerodromes located in countries outside the european economic area pending the implementation of the global market - based measure , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned , including from the special reserve , for flights not subject to the derogation , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation .


### given that key features of the global market - based measure have yet to be developed and that its implementation depends on domestic legislation by states and regions , it is considered appropriate for a review to take place once there is clarity about the nature and content and of these legal instruments in advance of the start of icao ' s global market - based measure , and a report submitted to the european parliament and council . that report should consider any standards or other instruments adopted through icao , the actions taken by third countries to implement the global market - based measure to apply to emissions from 2021 and other relevant international developments . that report should consider how to implement these instruments in union law through a revision of the eu ets . it should also consider the rules applicable to intra - eea flights as appropriate . that report should be accompanied by a proposal as appropriate to the european parliament and the council consistent with ensuring the contribution of aviation to the union ' s 2030 economy - wide greenhouse gas reduction commitment . ### given that key features of the global market - based measure have yet to be developed and that its implementation depends on domestic legislation by states and regions , it is considered appropriate for a review to take place once there is clarity about the nature and content and of these legal instruments in advance of the start of icao ' s global market - based measure , and a report submitted to the european parliament and council . that report should consider any standards or other instruments adopted through icao , the actions taken by third countries to implement the global market - based measure to apply to emissions from 2021 and other relevant international developments . the implementation in union law of the icao global market - based measure should be through the eu ets . the report should be accompanied by a proposal as appropriate to the european parliament and the council consistent with ensuring the contribution of aviation to the union ' s 2030 economy - wide greenhouse gas reduction commitment .


### conditionality is an important element of the cap , in particular with regard to its environmental and climate elements but also concerning public health and animal related issues . this implies that controls should be carried out and , where necessary , penalties should be applied to ensure the effectiveness of the conditionality system . to have a level playing field between beneficiaries in different member states , certain general rules on conditionality controls and penalties should be introduced at union level . ### conditionality is an important element of the cap , in ensuring that payments achieve a high degree of sustainability and ensuring a level playing field for farmers within and between member states , in particular with regard to its environmental and climate elements but also concerning public health and animal welfare . this implies that controls should be carried out and , where necessary , penalties should be applied to ensure the effectiveness of the conditionality system . to have this level playing field between beneficiaries in different member states , certain general rules on conditionality , and controls and penalties related to non - compliance should be introduced at union level .


### in order to maintain the high quality of the data provided by the member states , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , with a view to adjusting the thresholds that may apply to the natural gas market . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to maintain the high quality of the data provided by the member states , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , with a view to defining and adjusting as necessary , the breakdown by energy - intensive industrial sectors and other industrial sectors . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . _________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve relevant stakeholders including civil society organisations and the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . _________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha .


### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical , mental or moral development of minors ; ### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical or mental development of minors ;


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . _________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve relevant stakeholders including civil society organisations and the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation that is transparent and accountable should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . _________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha .


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based as well as those grounds not covered by framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


### providing for parental control systems with respect to content which may impair the physical , mental or moral development of minors ; ### providing for parental control systems with respect to content which may impair the physical or mental development of minors ;


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in addition , the decision to remove such content , being often dependent on a subjective interpretation , can undermine the freedom of expression and information . in this context , it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred hosted on video - sharing platforms , but also to protect and guarantee the fundamental rights of users , to set out common and proportionate rules on those matters . such rules should , in particular , further define at union level the characteristics of ' harmful content ' and ' incitement to violence and hatred ' , taking into account the intention and effect of such content . self - regulatory and co - regulatory measures implemented or approved by member states or by the commission should fully respect the obligations of the charter of fundamental rights of the european union , in particular article 52 thereof .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### specifying the characteristics of and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ;


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group .


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content they have obtained actual knowledge of , which contains incitement to violence or hatred directed against a group of persons or a member of such a group . member states shall ensure that all circumstances such as the intention are taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , is respected .


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' as well as those grounds not covered by framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content . all circumstances , including the intention , should be taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , should be respected .


### member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical , mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme . ### member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical or mental development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### the commission shall encourage and facilitate co - regulation and self - regulation through codes of conduct in the fields coordinated by this directive to the extent permitted by national legal systems . those codes shall be such that they are broadly accepted by the main stakeholders concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate effective and proportionate sanctions are applied .


### without prejudice to articles 6 and 8 , alerts on return shall be deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority . alerts on return shall also be deleted when the third - country national concerned can demonstrate that they have left the territory of the member states in compliance with a return decision issued in accordance with provisions respecting directive 2008 / 115 / ec . ### without prejudice to articles 6 and 8 , alerts on return shall be immediately deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority . alerts on return shall also be deleted when the third - country national concerned can demonstrate that they have left the territory of the member states in compliance with a return decision issued in accordance with provisions respecting directive 2008 / 115 / ec .


### if pepp providers offer alternative investment options , at least one of them shall offer a cost - effective investment option to pepp savers . ### if pepp providers offer alternative investment options , all of them shall offer a cost - effective investment option to pepp savers .


### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 1 , 5 % of the positive balance to be transferred to the receiving pepp provider . ### switching pepp provider no more frequently than once every five years shall be free of charge for the retail investor . in case of more frequent switching , the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 0 , 5 % of the positive balance to be transferred to the receiving pepp provider .


### potential pepp savers shall also be provided with information on the past performance of investments related to the pepp scheme covering a minimum of five years , or , where the scheme has been operating for fewer than five years , covering all the years that the scheme has been operating , as well as with information on the structure of costs borne by pepp savers and pepp beneficiaries . ### potential pepp savers shall also be provided with information on the past performance of investments related to the pepp scheme covering the years the pepp or personal pension product with that same investment option offered by the same provider has been operating .


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


### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing pension products and schemes , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , addressing the demographical challenge and providing a powerful new source of private capital for long - term investment . this framework will not replace or harmonise existing national personal pension schemes . ### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing pension products and schemes , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , it may help in addressing the demographical challenge and providing a powerful new source of private capital for long - term sustainable investment . this framework will not replace or harmonise existing national personal pension schemes .


### the information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one month of opening the new compartment and shall contain at least : ### the information under paragraph 1 shall be filed electronically in a central database held by the eiopa within one month of opening the new compartment . the database shall be accessible to the national competent authorities , who shall automatically receive information concerning the local compartments in the case of any changes as well as the details of any existing or new partnership arrangements between providers . the database shall contain at least :


### the pepp saver may switch pepp providers no more frequently than once every five years after conclusion of the pepp contract . ### the pepp saver has the right to switch pepp providers at any time during the accumulation and decumulation phases .


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time not longer than [ po : 5 years from the date of entry into force of this directive ] , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , the efficient functioning of the regulated system to which the infrastructure is connected , or to the diversification and security of the supply of natural gas to and within the union or any member state . '


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and if the following cumulative conditions are fulfilled : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition in the relevant markets which are likely to be affected by the investment , the effective functioning of the internal market in natural gas , the efficient functioning of the concerned regulated systems . '


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following cumulative conditions : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition in the relevant markets , which are likely to be affected by the investment , the effective functioning of the internal market in natural gas , the efficient functioning of the concerned regulated systems ; no eu restrictive measures , such as economic sanctions were imposed on the third country involved in the investment . '


### the rule of law is one of the essential values upon which the union is founded . as recalled by article 2 of the treaty on european union , these values are common to the member states . ### the union is founded on the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , enshrined in article 2 of the treaty on european union and in the criteria for union membership . as recalled by article 2 teu , those values are common to the member states .


### the commission may take into account all relevant information , including decisions of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations . ### when assessing whether the conditions of article 3 are fulfilled , the commission shall take into account all relevant information , including decisions of the court of justice of the european union , resolutions of the european parliament , reports of the court of auditors , and conclusions and recommendations of relevant international organisations and networks , such as the bodies of the council of europe and the european networks of supreme courts and councils for the judiciary . the commission shall also take into account the criteria used in the context of union accession negotiations , in particular the chapters of the acquis on judiciary and fundamental rights , justice , freedom and security , financial control and taxation , as well as the guidelines used in the context of the cooperation and verification mechanism to track the progress of a member state .


### in order to ensure uniform implementation of this regulation and in view of the importance of the financial effects of measures being imposed pursuant to this regulation , implementing powers should be conferred on the council which should act on the basis of a commission proposal . to facilitate the adoption of decisions which are required to protect the financial interests of the union , reversed qualified majority voting should be used . ### in order to ensure uniform implementation of this regulation and in view of the importance of the financial effects of measures being imposed pursuant to this regulation , implementing powers should be conferred on the commission .


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


### respect for the rule of law is not only important for citizens of the union , but also for business initiatives , innovation , investment and the proper functioning of the internal market , which will flourish most where a solid legal and institutional framework is in place . ### respect for the rule of law and fundamental rights is essential for allowing citizens to fully participate in the democratic life of the union . it is also important for entrepreneurship , business initiatives , innovation and investment and for the promotion of a rights - based and smooth - functioning internal market . the internal market needs a stable legal and institutional framework to ensure trust among all actors , to realise its full potential and to achieve sustainable long - term growth . in situations where a member state no longer guarantees respect for the rule of law or fundamental rights , the union and its member states have a duty to protect the integrity and application of the treaties and to protect the rights of everyone within their jurisdiction .


### the council should lift measures with suspensive effect on a proposal from the commission , if the situation leading to the imposition of those measures has been sufficiently remedied . ### the commission should lift measures with suspensive effect on a proposal from the commission , if the situation leading to the imposition of those measures has been sufficiently remedied


### the rule of law requires that all public powers act within the constraints set out by law , in accordance with the values of democracy and fundamental rights , and under the control of independent and impartial courts . it requires , in particular , that the principles of legality7 , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , and effective judicial protection by independent courts11 are respected12 . __________________ 7 judgment of the court of justice of 29 april 2004 , cas succhi di frutta , c - 496 / 99 pecli : eu : c : 2004 : 236 , paragraph 63 . 8 judgment of the court of justice of 12 november 1981 , amministrazione delle finanze dello stato v srl meridionale industria salumi and others ditta italo orlandi & figlio and ditta vincenzo divella v amministrazione delle finanze dello stato . joined cases 212 to 217 / 80 , ecli : eu : c : 1981 : 270 , paragraph 10 . 9 judgment of the court of justice of 21 september 1989 , hoechst , joined cases 46 / 87 and 227 / 88 , ecli : eu : c : 1989 : 337 , paragraph 19 . 10 judgment of the court of justice of 10 november 2016 , kovalkovas , c - 477 / 16 , ecli : eu : c : 2016 : 861 , paragraph 36 ; judgment of the court of justice of 10 november 2016 , ppu poltorak , c - 452 / 16 , ecli : eu : c : 2016 : 858 , paragraph 35 ; and judgment of the court of justice of 22 december 2010 , deb , c - 279 / 09 , ecli : eu : c : 2010 : 811 , paragraph 58 . 11 judgment of the court of justice of 27 february 2018 , associação sindical dos juízes portugueses v tribunal de contas c - 64 / 16 , ecli : eu : c : 2018 : 117 , paragraphs 31 , 40 - 41 . 12 communication from the commission ' a new eu framework to strengthen the rule of law ' , com 158 final , annex i . ### the rule of law requires that all public powers act within the constraints set out by law , in accordance with the principles of democracy and respect for fundamental rights , and under the control of independent and impartial courts . it requires , in particular , that the principles of legality7 , including a transparent , accountable and democratic process for enacting legislation , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , access to justice and effective judicial protection before independent and impartial courts11 are respected12 . __________________ 7 judgment of the court of justice of 29 april 2004 , cas succhi di frutta , c - 496 / 99 pecli : eu : c : 2004 : 236 , paragraph 63 . 8 judgment of the court of justice of 12 november 1981 , amministrazione delle finanze dello stato v srl meridionale industria salumi and others ditta italo orlandi & figlio and ditta vincenzo divella v amministrazione delle finanze dello stato . joined cases 212 to 217 / 80 , ecli : eu : c : 1981 : 270 , paragraph 10 . 9 judgment of the court of justice of 21 september 1989 , hoechst , joined cases 46 / 87 and 227 / 88 , ecli : eu : c : 1989 : 337 , paragraph 19 . 10 judgment of the court of justice of 10 november 2016 , kovalkovas , c - 477 / 16 , ecli : eu : c : 2016 : 861 , paragraph 36 ; judgment of the court of justice of 10 november 2016 , ppu poltorak , c - 452 / 16 , ecli : eu : c : 2016 : 858 , paragraph 35 ; and judgment of the court of justice of 22 december 2010 , deb , c - 279 / 09 , ecli : eu : c : 2010 : 811 , paragraph 58 . 11 judgment of the court of justice of 27 february 2018 , associação sindical dos juízes portugueses v tribunal de contas c - 64 / 16 , ecli : eu : c : 2018 : 117 , paragraphs 31 , 40 - 41 . 12 communication from the commission ' a new eu framework to strengthen the rule of law ' , com 158 final , annex i .


### ' generalised deficiency as regards the rule of law ' means a widespread or recurrent practice or omission , or measure by public authorities which affects the rule of law ; ### ' generalised deficiency as regards the union values ' means any situation where a systemic threat to the union values may be established or where the union values are directly or indirectly undermined in a systemic way either because of the combined impact of practices , omissions , measures or inactions by public authorities or because of widespread or recurrent practices , omissions , measures or inactions by public authorities resulting in undermining one or several components of the union values ;


### ' generalised deficiency as regards the rule of law ' means a widespread or recurrent practice or omission , or measure by public authorities which affects the rule of law ; ### ' generalised deficiency ' means any situation where a systemic threat to the rule of law and fundamental rights may be established , or where the rule of law and fundamental rights are directly or indirectly undermined in a systemic way , either by the combined impact of practices , omissions , measures or inactions by public authorities or by widespread or recurrent practices , omissions , measures or inactions by public authorities , and where this situation affects or risks affecting the proper implementation of the union’s budget , in particular the management and control activities , in accordance with the principles of sound financial management and the protection of the financial interests of the union ;


### the commission may take into account all relevant information , including decisions of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations . ### the commission shall take into account all relevant information , including the assessment made by the democracy , rule of law and fundamental rights expert panel .


### generalised deficiencies in the member states as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review , can seriously harm the financial interests of the union . ### generalised deficiencies in the member states as regards the union values can seriously harm the financial interests of the union .


### before proposing the adoption of any measure pursuant to this regulation , the commission should inform the member state concerned why it considers that a generalised deficiency regarding the rule of law might exist in that member state . the member state should be allowed to submit its observations . the commission and the council should take those observations into account . ### before proposing the adoption of any measure pursuant to this regulation , the commission should inform the member state concerned why it considers that a generalised deficiency regarding the rule of law might exist in that member state . the commission should without delay inform the european parliament and the council about any such notification and its contents . the member state concerned should be allowed to submit its observations . the commission should take those observations into account .


### the identification of a generalised deficiency requires a qualitative assessment by the commission . that assessment could be based on the information from all available sources and recognized institutions , including judgments of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations and networks , such as the bodies of the council of europe and the european networks of supreme courts and councils for the judiciary . ### the identification of a generalised deficiency requires a qualitative assessment by the commission , assisted by a representative panel of independent experts . that assessment should be impartial and transparent , and could be based on the information from all available sources and recognized institutions , including judgments of the court of justice of the european union , reports of the court of auditors , and conclusions and recommendations of relevant international organisations and networks , such as the bodies of the council of europe and the european networks of supreme courts and councils for the judiciary .


### the rule of law is a prerequisite for the protection of the other fundamental values on which the union is founded , such as freedom , democracy , equality and respect for human rights . respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights : there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa . ### the fundamental values on which the union is founded are intrinsically linked : there can be no hierarchy of values within the union .


### the possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined . those measures should include the suspension of payments and of commitments , a reduction of funding under existing commitments , and a prohibition to conclude new commitments with recipients . ### the possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined . those measures should include the change of shared management to direct / indirect management , to reallocate funds to the rights and values programme , and ultimately the suspension of payments and of commitments , a reduction of funding under existing commitments , and a prohibition to conclude new commitments with recipients .


### respect for the rule of law is not only important for citizens of the union , but also for business initiatives , innovation , investment and the proper functioning of the internal market , which will flourish most where a solid legal and institutional framework is in place . ### respect for the rule of law is not only important for citizens of the union , but also for business initiatives , innovation , investment , economic , social and territorial cohesion and the proper functioning of the internal market , which will flourish most where a solid legal and institutional framework is in place .


### appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a member state affects or risks affecting the principles of sound financial management or the protection of the financial interests of the union , in particular : ### the measures shall be taken where a generalised deficiency in a member state affects or risks affecting , in particular


### ' the rule of law ' refers to the union value enshrined in article 2 of the treaty on european union which includes the principles of legality , implying a transparent , accountable , democratic and pluralistic process for enacting laws ; legal certainty ; prohibition of arbitrariness of the executive powers ; effective judicial protection by independent courts , including of fundamental rights ; separation of powers and equality before the law ; ### ' the rule of law ' shall be understood having regard to the union values enshrined in article 2 of the treaty on european union and the copenhagen criteria ; it includes the principles of equality , implying a transparent , accountable , democratic and pluralistic process for enacting laws ; legal certainty ; prohibition of arbitrariness of the executive powers ; effective judicial protection by independent courts , including of fundamental rights ; separation of powers and equality before the law ;


### ' the rule of law ' refers to the union value enshrined in article 2 of the treaty on european union which includes the principles of legality , implying a transparent , accountable , democratic and pluralistic process for enacting laws ; legal certainty ; prohibition of arbitrariness of the executive powers ; effective judicial protection by independent courts , including of fundamental rights ; separation of powers and equality before the law ; ### ' the rule of law and fundamental rights ' as enshrined in article 2 of the treaty on european union include the principles of legality , implying a transparent , accountable , democratic and pluralistic process for enacting law ; legal certainty ; prohibition of arbitrariness of the executive powers ; access to justice and effective judicial protection before independent and impartial courts ; separation of powers ; non - discrimination and equality before the law ; respect for fundamental rights as stipulated in the charter of fundamental rights of the european union and in international human rights treaties ;


### the council should lift measures with suspensive effect on a proposal from the commission , if the situation leading to the imposition of those measures has been sufficiently remedied . ### the commission should lift measures with suspensive effect and propose to the european parliament and the council to lift in full or in part the budgetary reserve of the measures in question , if the situation leading to the imposition of those measures has been sufficiently remedied .


### the rule of law is one of the essential values upon which the union is founded . as recalled by article 2 of the treaty on european union , these values are common to the member states . ### the union is founded on the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities . as recalled by article 2 of the treaty on european union , these values are common to the member states in a society in which pluralism , non - discrimination , tolerance , justice , solidarity and equality between women and men prevail .


### the rule of law requires that all public powers act within the constraints set out by law , in accordance with the values of democracy and fundamental rights , and under the control of independent and impartial courts . it requires , in particular , that the principles of legality7 , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , and effective judicial protection by independent courts11 are respected12 . _________________ 7 judgment of the court of justice of 29 april 2004 , cas succhi di frutta , c - 496 / 99 pecli : eu : c : 2004 : 236 , paragraph 63 . 8 judgment of the court of justice of 12 november 1981 , amministrazione delle finanze dello stato v srl meridionale industria salumi and others ditta italo orlandi & figlio and ditta vincenzo divella v amministrazione delle finanze dello stato . joined cases 212 to 217 / 80 , ecli : eu : c : 1981 : 270 , paragraph 10 . 9 judgment of the court of justice of 21 september 1989 , hoechst , joined cases 46 / 87 and 227 / 88 , ecli : eu : c : 1989 : 337 , paragraph 19 . 10 judgment of the court of justice of 10 november 2016 , kovalkovas , c - 477 / 16 , ecli : eu : c : 2016 : 861 , paragraph 36 ; judgment of the court of justice of 10 november 2016 , ppu poltorak , c - 452 / 16 , ecli : eu : c : 2016 : 858 , paragraph 35 ; and judgment of the court of justice of 22 december 2010 , deb , c - 279 / 09 , ecli : eu : c : 2010 : 811 , paragraph 58 . 11 judgment of the court of justice of 27 february 2018 , associação sindical dos juízes portugueses v tribunal de contas c - 64 / 16 , ecli : eu : c : 2018 : 117 , paragraphs 31 , 40 - 41 . 12 communication from the commission ' a new eu framework to strengthen the rule of law ' , com 158 final , annex i . ### the rule of law requires that all public powers act within the constraints set out by law , in accordance with the values of democracy and fundamental rights , and under the control of independent , impartial and effective courts . it requires , in particular , that the principles of legality7 , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , and effective judicial protection by independent courts11 are respected12 . _________________ 7 judgment of the court of justice of 29 april 2004 , cas succhi di frutta , c - 496 / 99 pecli : eu : c : 2004 : 236 , paragraph 63 . 8 judgment of the court of justice of 12 november 1981 , amministrazione delle finanze dello stato v srl meridionale industria salumi and others ditta italo orlandi & figlio and ditta vincenzo divella v amministrazione delle finanze dello stato . joined cases 212 to 217 / 80 , ecli : eu : c : 1981 : 270 , paragraph 10 . 9 judgment of the court of justice of 21 september 1989 , hoechst , joined cases 46 / 87 and 227 / 88 , ecli : eu : c : 1989 : 337 , paragraph 19 . 10 judgment of the court of justice of 10 november 2016 , kovalkovas , c - 477 / 16 , ecli : eu : c : 2016 : 861 , paragraph 36 ; judgment of the court of justice of 10 november 2016 , ppu poltorak , c - 452 / 16 , ecli : eu : c : 2016 : 858 , paragraph 35 ; and judgment of the court of justice of 22 december 2010 , deb , c - 279 / 09 , ecli : eu : c : 2010 : 811 , paragraph 58 . 11 judgment of the court of justice of 27 february 2018 , associação sindical dos juízes portugueses v tribunal de contas c - 64 / 16 , ecli : eu : c : 2018 : 117 , paragraphs 31 , 40 - 41 . 12 communication from the commission ' a new eu framework to strengthen the rule of law ' , com 158 final , annex i .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . it shall apply from 1 january 2021 . ### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union .


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ; ### the general objective of the programme shall be to contribute to institutional , administrative , growth - sustaining and inclusive structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing economic , social and territorial cohesion , social inclusion and the fight against poverty , competitiveness , productivity , sustainable and inclusive growth , job creation , and investment , in particular in the context of economic governance processes and of the implementation of the european pillar of social rights , including through assistance for the efficient , effective and transparent use of the union funds . the programme may also specifically contribute to successful participation of member states in the economic and monetary union and to preparations for participation in the euro area for member states whose currency is not the euro by providing support to national authorities for measures aimed at these preparations ;


### strengthening economic and social cohesion by reinforcing structural reforms is crucial for successful participation in the economic and monetary union . that is particularly important for member states whose currency is not the euro , in their preparation to join the euro area . ### strengthening economic and social cohesion is crucial for successful participation in the economic and monetary union , including for member states wishing to join the euro area .


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges . further measures may be established and financed at national level to reduce costs and to provide incentives for fishermen to actively and passively collect waste ;


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries .


### further to a monitoring exercise as carried out in accordance with regulation [ . . / . . ] [ euaa regulation ] or the adoption of recommendations in accordance with regulation no 1053 / 2013 which are within the scope of this regulation , the member state concerned shall examine , together with the commission , and where relevant with the european union agency for asylum and the european border and coast guard agency , how to address the findings , including any shortcomings or issues of capacity and preparedness , and shall implement the recommendations through its programme . ### further to a monitoring exercise as carried out in accordance with regulation [ . . / . . ] [ euaa regulation ] or the adoption of recommendations in accordance with regulation no 1053 / 2013 which are within the scope of this regulation , the member state concerned shall examine , together with the commission , and where relevant with the european union agency for asylum , the european union agency for fundamental rights and the european border and coast guard agency , how to address the findings , including any shortcomings or issues of capacity and preparedness , and shall implement the recommendations through its programme .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights , in particular the right to asylum , enshrined in the european union charter of fundamental rights .


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### it is appropriate to support and improve the efforts made by member states to fully and properly implement the union asylum acquis , in particular to grant appropriate reception conditions to displaced persons and applicants for , and beneficiaries of , international protection , to ensure the correct determination of status , to apply fair and effective asylum procedures and to promote good practice in the field of asylum , so as to protect the rights of persons requiring international protection and enable member states’ asylum systems to work efficiently . the fund will therefore provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system .


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund . ### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund , the assessment of the impact of returns on third countries and the respect for fundamental rights of migrants .


### –30 % for asylum ; ### –40 % for asylum ;


### the commission shall ensure that the european union agency for asylum and the european border and coast guard agency are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency and the european union agency for asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states . ### the commission shall ensure that the european union agency for asylum , the european union agency for fundamental rights and the european border and coast guard agency are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency and the european union agency for asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states .


### measures in and in relation to third countries supported through the fund should complement other actions outside the union supported through the union’s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy in respect of the country or region in question and the union international commitments . in relation to the external dimension , the fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the union ' s migration policy . ### measures in and in relation to third countries supported through the fund should complement other actions outside the union supported through the union’s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s development policies , in particular respecting policy coherence for development , external action and foreign policy in respect of the country or region in question and the union international commitments .


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries . ### to contribute to countering irregular migration via the opening of legal pathways of migration and ensuring effectiveness and sustainability of return and readmission in third countries for both returnees and countries of origin .


### the commission may associate the european union agency for asylum and european border and coast guard agency in monitoring and evaluation tasks as referred to in section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the fund are compliant with the relevant union acquis and agreed union priorities . ### the commission may associate the european union agency for asylum , the european union agency for fundamental rights and european border and coast guard agency in monitoring and evaluation tasks as referred to in section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the fund are compliant with the relevant union acquis and agreed union priorities .


### the member states using operating support shall comply with the union acquis on asylum and return . ### the member states using operating support shall comply with the union acquis on asylum and return and fundamental rights .


### member states shall justify in the programme and in the annual performance report as referred to in article 30 the use of operating support to achieve the objectives of this regulation . before the approval of the programme , the commission shall , with the european union agency for asylum and the european border and coast guard agency in line with article 13 , assess the baseline situation in the member states which have indicated their intention to use operating support . the commission shall take into account the information provided by those member states and , where relevant , the information available in the light of the monitoring exercises , as carried out in accordance with regulation . . / . . [ euaa regulation ] and regulation no 1053 / 2013 , which are within the scope of this regulation . ### member states shall justify in the programme and in the annual performance report as referred to in article 30 the use of operating support to achieve the objectives of this regulation . before the approval of the programme , the commission shall , with the european union agency for asylum , the european union agency for fundamental rights and the european border and coast guard agency in line with article 13 , assess the baseline situation in the member states which have indicated their intention to use operating support . the commission shall take into account the information provided by those member states and , where relevant , the information available in the light of the monitoring exercises , as carried out in accordance with regulation . . / . . [ euaa regulation ] and regulation no 1053 / 2013 , which are within the scope of this regulation .


### considering the high levels of migration flows to the union in the last years and the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early integration of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 . ### considering the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early integration of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 .


### the commission white paper on the future of europe25 , the rome declaration of the heads of state and government of 27 eu member states26 , and several european parliament resolutions , recall that the eu has a major role to play in ensuring a safe , secure and resilient europe that is capable to address challenges such as regional conflicts , terrorism , cyber threats , and growing migration pressures . secure and guaranteed access to satellite communications is an indispensable tool for security actors , and pooling and sharing of this key security resource at union level strengthens a union that protects its citizens . _________________ 25 https : / / ec . europa . eu / commission / sites / beta - political / files / white_paper_on_the_future_of_europe_en . pdf 26 http : / / www . consilium . europa . eu / uedocs / cms_data / docs / pressdata / en / intm / 146072 . pdf ### the commission white paper on the future of europe25 , the rome declaration of the heads of state and government of 27 eu member states26 , and several european parliament resolutions , recall that the eu has a major role to play in ensuring a safe , secure and resilient europe that is capable of helping to address challenges such as climate change , regional conflicts , terrorism , cyber threats , and growing migration pressures . secure and guaranteed access to satellite communications is an indispensable tool for security actors , and pooling and sharing of this key security resource at union level strengthens a union that protects its citizens . _________________ 25 https : / / ec . europa . eu / commission / sites / beta - political / files / white_paper_on_the_future_of_europe_en . pdf 26 http : / / www . consilium . europa . eu / uedocs / cms_data / docs / pressdata / en / intm / 146072 . pdf