### on the basis of scientific assessment of the impacts of innovative gears , duly evaluated by the stecf , the use of such or extension to the use of novel gears , such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of member states . the use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non - target species . ### on the basis of scientific assessment of the impacts of innovative gears , duly evaluated by the stecf , the use of such or extension to the use of innovative gears , could be included as an option in joint recommendations from regional groups of member states . the use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non - target species .


### in order to minimise the bycatches of sensitive species and impacts of fishing gears on sensitive habitats , regional groups of member states should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats . where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then member states should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region . in particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds . ### in order to minimize and , where possible , eliminate the bycatches of sensitive species and impacts of fishing gears on sensitive habitats , regional groups of member states should develop additional mitigation measures . where scientific evidence shows that there is a threat to the conservation status of such species and habitats then member states should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region . in particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds .


### the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to update the list of fish and shellfish for which directed fishing is prohibited ; to update the list of sensitive areas where fishing should be restricted ; to adopt technical measures as part of multiannual plans ; and to adopt technical measures as part of temporary discard plans . 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 to the council . ### the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to update the list of fish and shellfish for which directed fishing is prohibited ; to update the list of sensitive areas where fishing should be restricted ; to adopt technical measures as part of multiannual plans or , where necessary , outside the framework of multiannual plans ; and to adopt technical measures as part of temporary discard plans . 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 to the council .


### this regulation shall apply to activities pursued by union fishing vessels and nationals of member states , without prejudice to the primary responsibility of the flag state , in the fishing zones referred to in article 5 as well as by fishing vessels flying the flag of , and registered in , third countries when fishing in union waters . ### this regulation shall apply to activities pursued by union fishing vessels and nationals of member states , without prejudice to the primary responsibility of the flag state , in the fishing zones referred to in article 5 , as well as in international waters and the waters of third countries , without prejudice to the technical measures adopted by rfmos or included in sfpas . it shall also apply to&#160 ; fishing vessels flying the flag of , and registered in , third countries when fishing in union waters .


### optimise exploitation patterns to provide protection for juveniles and spawning aggregations of marine species ; ### ensure sustainable exploitation patterns to provide protection for juveniles and spawning aggregations of marine species ; and provide appropriate safeguards ;


### the extent to which these targets have been achieved shall be reviewed as part of the reporting process set out in article 34 . ### the extent to which these targets have been achieved shall be assessed by member states and reviewed as part of the reporting process set out in article 34 .


### ' exploitation pattern ' means how fishing pressure is distributed across the age profile of a stock ; ### ' exploitation pattern ' means how fishing pressure is distributed across the size and age profile of a stock ;


### ' selective fishing ' means a fishing method ' s ability to target and capture fish or shellfish by size and species type during the fishing operation allowing non - target species to be avoided or released unharmed ; ### ' selective fishing ' means a fishing method ' s ability to target and capture fish or shellfish by size and species type during the fishing operation allowing non - target species and juveniles of regulated species to be avoided or released unharmed ;


### ‘ driftnet’ means a net made up of one or more walls of netting , hung jointly in parallel on the headline , held on the water surface or at a certain distance below it by floating devices and drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea - anchor or an anchor on the bottom attached at one single end of the net ; ### ‘ driftnet’ means any gillnet held on the sea surface or at a certain distance below it by floating devices , drifting with the current , either independently or with the boat to which it may be attached . it may be equipped with devices aiming to stabilise the net or to limit its drift ;


### notwithstanding paragraphs 1 and 2 , the retention on board , transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught as bycatch , shall be authorised as far as this activity is necessary to secure assistance for the recovery of the individual animals and provided that the competent national authorities concerned have been fully informed in advance . ### notwithstanding paragraphs 1 and 2 , the retention on board , transhipment or landing of living specimens of marine species referred to in paragraph 1 which have been caught as bycatch , shall be authorised as far as this activity is necessary to secure assistance for the recovery of the individual animals . the retention on board , transshipping or landing shall be authorized when the specimen is dead and can be used for scientific purposes , provided that the competent national authorities concerned have been fully informed in advance .


### the practices of high grading and slipping shall be prohibited . ### the practices of high grading shall be prohibited .


### the measures referred to in paragraph 1 shall aim at achieving the objectives set out in article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species . ### the measures referred to in paragraph 1 shall aim at achieving the objectives set out in article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species . they shall be at least as stringent as technical measures applicable under union law .


### transpose into union law certain technical measures agreed by the north east atlantic fisheries commission , including lists of vulnerable marine ecosystems and specific technical measures related to fisheries for blue ling and redfish defined in neafc recommendations 05 : 2013 , 19 : 2014 , 01 : 2015 , 02 : 2015 ; and ### transpose into union law technical measures agreed by the north east atlantic fisheries commission ; and


### to ensure the effectiveness of return and increase the added value of alerts on return , member states should enter alerts in sis in relation to all return decisions they issue to illegally staying third - country nationals in accordance with provisions respecting directive 2008 / 115 / ec . for this purpose , member states should enter an alert in sis also when decisions imposing or stating an obligation to return are issued in the situations described in article 2 of that directive , notably to third - country nationals who are subject to a refusal of entry in accordance with the schengen borders code , or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land , sea or air of the external border of a member state and who have not subsequently obtained an authorisation or a right to stay in that member state , and to third - country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction , according to national law , or who are the subject of extradition procedures . ### to ensure the effectiveness of return and increase the added value of alerts on return , member states should enter alerts in sis in relation to all final return decisions they issue to irregularly staying third - country nationals in accordance with provisions respecting directive 2008 / 115 / ec . for this purpose , member states should enter an alert in sis also when decisions imposing or stating an obligation to return are issued in the situations described in article 2 of that directive , notably to third - country nationals who are subject to a refusal of entry in accordance with the schengen borders code , or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land , sea or air of the external border of a member state and who have not subsequently obtained an authorisation or a right to stay in that member state , and to third - country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction , according to national law , or who are the subject of extradition procedures .


### this regulation should set out common rules for entering alerts related to return in sis as soon as the underlying return decisions in accordance with provisions respecting directive 2008 / 115 / ec are issued . the alert should indicate whether a period for voluntary departure has been granted to the third - country national concerned , including whether such period has been extended taking into account the specific circumstances of the individual case , and whether the decision has been suspended or the removal has been postponed . ### this regulation should set out common rules for entering alerts related to return in sis as soon as the underlying return decisions in accordance with provisions respecting directive 2008 / 115 / ec are issued . the alert should indicate whether a period for voluntary departure has been granted to the third - country national concerned , including whether such period has been extended taking into account the specific circumstances of the individual case , whether the third - country national has a right to appeal against the return decision , whether an appeal against the return decision is pending , and whether the decision has been suspended or the removal has been postponed .


### procedures should be established to enable member states to verify that the obligation to return has been complied with and to confirm the departure of the third - country national concerned to the member state that issued the alert on return . this information should contribute to a more comprehensive follow - up of the compliance with return decisions in accordance with provisions respecting directive 2008 / 115 / ec . ### procedures should be established to enable member states to verify that the obligation to return has been complied with and to confirm the departure of or that a residence permit or other authorisation offering a right to stay has been granted to the third - country national concerned to the member state that issued the alert on return . this information should contribute to a more comprehensive follow - up of the compliance with return decisions and rate of successful appeals against return decisions in accordance with provisions respecting directive 2008 / 115 / ec .


### alerts should be kept in sis only for the time required to fulfil the purposes for which they were entered . in accordance with article 34 of regulation 2018 / xxx [ border checks ] the review period for alerts on third - country nationals is five years . ### alerts should be kept in sis only for the time required to fulfil the purposes for which they were entered . in accordance with article 34 of regulation 2018 / xxx [ border checks ] the review period for alerts on third - country nationals is three years .


### the period for voluntary departure granted to third - country nationals subject to a return decision issued in accordance with provisions respecting directive 2008 / 115 / ec shall be immediately recorded in the alert . ### the period for voluntary departure granted to third - country nationals subject to a return decision issued in accordance with provisions respecting directive 2008 / 115 / ec shall be immediately recorded in the alert . any extension of a period for voluntary departure shall also be immediately recorded in the alert .


### the member states shall provide on a monthly basis statistics to the european agency for the operational management of large - scale information systems in the area of freedom , security and justice established by regulation no 1077 / 2011 of the european parliament and of the council36 on the number of confirmed returns , on whether the return was carried out in voluntary compliance with an obligation to return or was enforced , and on the third countries of destination . those statistics shall not contain personal data . _________________ 36 regulation no 1077 / 2011 of the european parliament and of the council of 25 october 2011 establishing a european agency for the operational management of large - scale it systems in the area of freedom , security and justice . ### the member states shall provide on a monthly basis statistics to the european agency for the operational management of large - scale information systems in the area of freedom , security and justice established by regulation no 1077 / 2011 of the european parliament and of the council36 on the number of confirmed returns , on whether the return was carried out in voluntary compliance with an obligation to return or was enforced , on the number of successful appeals against return decisions and on the number of conflicting instructions or conflicting information inserted in the database . those statistics shall not contain personal data . _________________ 36 regulation no 1077 / 2011 of the european parliament and of the council of 25 october 2011 establishing a european agency for the operational management of large - scale it systems in the area of freedom , security and justice .


### cs - sis shall notify the member states about their alerts on return for which the period for voluntary departure has expired . ### cs - sis shall notify the member states about their alerts on return for which the period for voluntary departure has expired and for which the period for voluntary departure has not been extended or a residence permit or other authorisation offering a right to stay has been issued to the third - country national concerned .


### where a member state considers granting a residence permit or other authorisation offering a right to stay to a third - country national who is the subject of an alert on return entered by another member state , the former shall first consult , through the exchange of supplementary information , the member state that entered the alert . the member state that entered the alert shall reply within seven days . if the member state considering granting a residence permit or other authorisation offering a right to stay decides to grant it , the alert on return shall be deleted . ### where a member state considers granting a residence permit or other authorisation offering a right to stay to a third - country national who is the subject of an alert on return entered by another member state , the former shall inform the member state that entered the alert . if the member state considering granting a residence permit or other authorisation offering a right to stay decides to grant it , the alert on return shall be deleted .


### alerts on return entered in respect of a person who has acquired citizenship of a member state or of any state whose nationals are beneficiaries of the right of free movement within the union shall be deleted as soon as the issuing member state becomes aware , or is informed pursuant to article 39 of regulation 2018 / xxx [ border checks ] , that the person in question has acquired such citizenship . ### alerts on return entered in respect of a person who has acquired a residence permit , authorisation offering a right to stay or citizenship of a member state or of any state whose nationals are beneficiaries of the right of free movement within the union shall be deleted as soon as the issuing member state becomes aware , or is informed pursuant to article 39 of regulation 2018 / xxx [ border checks ] , that the person in question has acquired such residence permit , other authorisation offering a right to stay or citizenship .


### data processed in sis and the related supplementary information pursuant to this regulation may be transferred or made available to a third - country in accordance with chapter v of regulation 2016 / 679 with the authorisation of the issuing member state , only for the purpose of identification of and issuance of an identification or travel document to an illegally staying - third country national in view of return . ### only data processed in sis referred to in article 4 , , , , , , , , , , and of this regulation may be transferred to a third - country in accordance with chapter v of regulation 2016 / 679 with the authorisation of the issuing member state , only for the purpose of identification of and issuance of an identification or travel document to an irregularly staying - third country national in view of return .


### without prejudice to the provisions on statistics in article 54 of regulation 2018 / xxx [ border checks ] , the agency shall produce daily , monthly and annual statistics , both in total number and per each member state on the number of alerts on return entered in sis , including on the data referred to in article 4 of this regulation , on the notifications referred to in article 7 of this regulation and the number of alerts on return deleted due to compliance with an obligation to return . the agency shall produce monthly and annual statistics about the data provided by the member states in accordance with article 6 and article 8 of this regulation . those statistics shall not contain personal data . ### without prejudice to the provisions on statistics in article 54 of regulation 2018 / xxx [ border checks ] , the agency shall produce daily , monthly and annual statistics , both in total number and per each member state on the number of alerts on return entered in sis , including on the data referred to in article 4 , and of this regulation , on the notifications referred to in article 7 of this regulation and the number of alerts on return deleted due to compliance with an obligation to return . the agency shall produce monthly and annual statistics about the data provided by the member states in accordance with article 6 and article 8 of this regulation . those statistics shall not contain personal data .


### the european council conclusions of october 2014 foresaw that the target should be delivered collectively by the union in the most cost - effective manner possible , with the reductions in the emissions trading system and non - ets sectors amounting to 43% and 30% by 2030 compared to 2005 respectively , with efforts distributed on the basis of relative gross domestic product per capita . all sectors of the economy should contribute to achieving these emission reductions , and all member states should participate in this effort , balancing considerations of fairness and solidarity , and national targets within the group of member states with a gdp per capita above the union average should be relatively adjusted to reflect cost - effectiveness in a fair and balanced manner . achieving these greenhouse gas emission reductions should boost efficiency and innovation in the european economy and in particular should promote improvements , notably in buildings , agriculture , waste management and transport , in so far as they fall under the scope of this regulation . ### the european council conclusions of october 2014 foresaw that the target should be delivered collectively by the union in the most cost - effective manner possible , with the reductions in the emissions trading system and non - ets sectors amounting to 43% and 30% by 2030 compared to 2005 respectively , with efforts distributed on the basis of relative gross domestic product per capita . all sectors of the economy should contribute to achieving these emission reductions , and all member states should participate in this effort , balancing considerations of fairness and solidarity , and national targets within the group of member states with a gdp per capita above the union average should be relatively adjusted to reflect cost - effectiveness in a fair and balanced manner . achieving these greenhouse gas emission reductions should boost efficiency and innovation in the european economy and in particular should promote improvements , notably in buildings , agriculture , waste management , transport and dietary patterns , in so far as they fall under the scope of this regulation .


### this regulation applies to the greenhouse gas emissions from ipcc source categories of energy , industrial processes and product use , agriculture and waste as determined pursuant to regulation no 525 / 2013 , excluding emissions from the activities listed in annex i to directive 2003 / 87 / ec . ### this regulation applies to the greenhouse gas emissions from ipcc source categories of energy , industrial processes and product use , agriculture and waste as determined pursuant to regulation no 525 / 2013 , excluding emissions from the activities listed in annex i to directive 2003 / 87 / ec . the zero emission factor for biomass is only applied to bioenergy from waste and residues .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost , in line with the 2030 agenda for sustainable development and the paris climate agreement , modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , to produce healthy food and to help reducing the union legislation - related administrative burden for beneficiaries . the communication also stresses the global dimension of the cap and states the union ' s commitment to enhance policy coherence for sustainable development .


### the assessment carried out by the competent authorities of member states is an essential step in the procedure . member states have knowledge , expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful . therefore , member states should guarantee that the result of that assessment , which is to be faithfully recorded in a single document summarising the relevant elements of the product specification , is reliable and accurate . having regard to the principle of subsidiarity , the commission should subsequently scrutinise applications to ensure that there are no manifest errors and that union law and the interests of stakeholders outside the member state of application are taken into account . ### the assessment carried out by the competent authorities of member states is an essential step in the procedure . member states have knowledge , expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful . therefore , member states should guarantee that the result of that assessment , which is to be faithfully recorded in a single document summarising the relevant elements of the product specification , is reliable and accurate . having regard to the principle of subsidiarity , the commission should subsequently scrutinise applications to ensure that there are no manifest errors and that union law and the interests of stakeholders outside the member state of application and outside the union are taken into account .


### member states shall make available each year authorisations for new plantings corresponding to either : ### member states shall make available each year authorisations for new plantings for wine production corresponding to either :


### 1% of the total area actually planted with vines in their territory , as measured on 31 july of the previous year ; or ### 1% of the total area actually planted with vines for wine production in their territory , as measured on 31 july of the previous year ; or


### 1% of an area comprising the area actually planted with vines in their territory , as measured on 31 july 2015 , and the area covered by planting rights granted to producers in their territory in accordance with article 85h , article 85i or article 85k of regulation no 1234 / 2007 and available for conversion into authorisations on 1 january 2016 , as referred to in article 68 of this regulation . ; ### 1% of an area comprising the area actually planted with vines for wine production in their territory , as measured on 31 july 2015 , and the area covered by planting rights granted to producers in their territory in accordance with article 85h , article 85i or article 85k of regulation no 1234 / 2007 and available for conversion into authorisations on 1 january 2016 , as referred to in article 68 of this regulation . ;


### the variety concerned belongs to the species vitis vinifera or vitis labrusca ; or ### the variety concerned belongs to the genus vitis ; or


### the variety concerned comes from a cross between the species vitis vinifera , vitis labrusca and other species of the genus vitis . ### the variety concerned comes from a cross between different species of the genus vitis


### the price payable for the delivery , which shall : — be static and be set out in the contract , and / or — be calculated by combining various factors set out in the contract , which may include market indicators reflecting changes in market conditions , the volume delivered and the quality or composition of the raw milk delivered , ### article 148 point point is replaced by the following : “ the price payable for the delivery , which shall : — cover production costs , as a minimum , and — be static and be set out in the contract , and / or — be calculated by combining various factors set out in the contract , which may include market indicators reflecting changes in market conditions , the volume delivered and the quality or composition of the raw milk delivered , ”


### provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf ; however , member states may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas ### article 149 , paragraph 2 , point d is deleted


### provided that the raw milk is not covered by an obligation to deliver arising from the farmer ' s membership of a cooperative in accordance with the conditions set out in the cooperative ' s statutes or the rules and decisions provided for in or derived from these statutes ; and ### article 149 , paragraph 2 , point e is deleted


### has a minimum number of members and / or covers a minimum volume or value of marketable production , to be laid down by the member state concerned , in the area where it operates ; ### in article 154 , paragraph 1 , the point b is replaced by the following : “ has a minimum number of members , to be laid down by the member state concerned , in the area where it operates ; ”


### article 160 producer organisations in the fruit and vegetables sector in the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points , and of article 152 . the statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to market their entire production concerned through the producer organisation . producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference . ### article 160 is replaced by the following : “article 160 producer organisations in the fruit and vegetables sector in the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points , and of article 152 . the statutes of a producer organisation in the fruit and vegetables sector may propose to its producer members to market their entire production concerned through the producer organisation . fruit and vegetable producer members may sell , either directly or through one intermediary , to consumers in the specific economic area in which their producer organisation is operating , no more than a fixed percentage of their production and / or products . the maximal percentages shall be fixed by the member state at not less than 10 % . producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference . ”


### those rules shall not cause any damage to other operators in the member state concerned or the union and shall not have any of the effects listed in article 210 or be otherwise incompatible with union law or national rules in force . ### in article 164 , paragraph 4 , the last subparagraph is replaced by the following : “those rules shall not cause any damage to other operators or new entrants in the member state concerned or the union and shall not have any of the effects listed in article 210 or be otherwise incompatible with union law or national rules in force . ”


### tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned , by applying one of the following methods or a combination of them or another appropriate method : a method based on the chronological order of the submission of applications ; a method of distribution in proportion to the quantities requested when the applications were submitted ; a method based on taking traditional trade patterns into account . ### in the article 184 , paragraph 2 is replaced by the following : “2 . tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned , by applying one of the following methods or a combination of them or another appropriate method : a method based on the chronological order of the submission of applications ; a method of distribution in proportion to the quantities requested when the applications were submitted ; a method based on taking traditional trade patterns into account . a method enabling distribution to a diversity of operators , including by taking into account relevant social and environmental standards , such as the fundamental ilo conventions , and multilateral environmental agreements to which the eu is a party” .


### by 30 june 2014 and also by 31 december 2018 , on the development of the market situation in the milk and milk products sector , and in particular on the operation of articles 148 to 151 , article 152 and article 157 , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions , and covering potential incentives to encourage farmers to enter into joint production agreements , together with any appropriate proposals ; ### article 225 point is replaced by the following : “ every four years and for the first time by 30 june 2022 , on the development of the market situation in the milk and milk products sector , and in particular on the operation of articles 148 to 151 , article 152 and article 157 , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions , and covering potential incentives to encourage farmers to enter into joint production agreements , together with any appropriate proposals ; ”


### technical progress in the area of advanced vehicle safety systems offers new possibilities for reducing casualty numbers . in order to minimise the number of fatalities , some of the relevant new technologies need to be introduced . ### technical progress in the area of advanced vehicle safety systems offers new possibilities for reducing casualty numbers . in order to minimise the number of severe injuries and fatalities , some of the relevant new technologies need to be introduced as a package to increase the cost - effectiveness of such features .


### the introduction of event data recorders storing a range of crucial vehicle data over a short timeframe before , during and after a triggering event is a valuable step in obtaining more accurate , in - depth accident data . motor - vehicles should therefore be required to be equipped with such recorders . it should also be a requirement that such recorders are capable for recording and storing data in such a way that the data can be used by member states to conduct road safety analysis and assess the effectiveness of specific measures taken . ### the introduction of accident data recorders storing a range of crucial vehicle data over a short timeframe before and during a triggering event is a valuable step in obtaining more accurate , in - depth accident data . motor - vehicles should therefore be required to be equipped with such recorders . it should also be a requirement that such recorders are capable for recording and storing data in such a way that the anonymised data can be used for statistical purposes by member states to conduct road safety analysis and assess the effectiveness of specific measures taken .


### ‘ intelligent speed assistance’ means a system to aid the driver in observing the appropriate speed for the road environment by providing haptic feedback through the accelerator pedal with speed limit information obtained through observation of road signs and signals , based on infrastructure signals or electronic map data , or both , made available in - vehicle ; ### ‘ intelligent speed assistance’ means a system to aid the driver in observing the appropriate speed for the road environment by providing dedicated and appropriate haptic feedback through the accelerator control based on speed limit information obtained through observation of road signs and signals , infrastructure signals or electronic map data , or both , made available in - vehicle ;


### in order to ensure that a high level of general safety of vehicles and of protection of vehicle occupants and vulnerable road users is attained , the commission is empowered to adopt delegated acts in accordance with article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for type - approval of vehicles , systems , components and separate technical units with regard to the requirements listed in annex ii . ### in order to ensure that a high level of general safety of vehicles and of protection of vehicle occupants and vulnerable road users is attained , the commission shall adopt delegated acts in accordance with article 12 supplementing this regulation by laying down detailed rules concerning the specific test procedures and technical requirements for type - approval of vehicles , systems , components and separate technical units with regard to the requirements listed in annex ii .


### the commission is empowered to adopt delegated acts in accordance with article 12 to lay down detailed rules concerning specific test procedures and technical requirements for : ### the commission shall adopt delegated acts in accordance with article 12 to lay down detailed rules concerning specific test procedures and technical requirements for :


### the commission is empowered to adopt delegated acts in accordance with article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for : ### the commission shall adopt delegated acts in accordance with article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for :


### it shall be possible for the driver to override the system’s prompted vehicle speed smoothly through normal operation of the accelerator pedal without need for kick - down ; ### it shall be possible for the driver to temporarily override the system’s prompted vehicle speed smoothly through normal operation of the accelerator control while some resistance shall be felt by the driver ;


### it shall be possible to switch off systems only one at a time , and only at standstill with the parking brake engaged , by a complex sequence of actions to be carried out by the driver ; ### it shall be possible to switch off systems only one at a time , for a short period of time depending on the operation to be performed , and only at standstill with the parking brake engaged , by a complex sequence of actions to be carried out by the driver ;


### the commission is empowered to adopt delegated acts in accordance with article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for the type - approval of frontal protection systems referred to in paragraph 1 of this article , including technical requirements concerning their construction and installation . ### the commission shall adopt delegated acts in accordance with article 12 to lay down detailed rules concerning the specific test procedures and technical requirements for the type - approval of frontal protection systems referred to in paragraph 1 of this article , including technical requirements concerning their construction and installation .


### vehicles of categories m2 , m3 , n2 and n3 shall be equipped with advanced systems capable of detecting vulnerable road users located in close proximity to the front or nearside of the vehicle and providing a warning or avoiding collision with such vulnerable road users . ### vehicles of categories m2 , m3 , n2 and n3 shall be equipped with most - technologically advanced systems capable of detecting vulnerable road users located in close proximity to the front or nearside of the vehicle and providing a warning so as to avoid collision with such vulnerable road users . these systems shall be designed and fitted in two phases providing : a warning in the first phase ; a warning and braking so as to avoid collision with vulnerable road users in the second phase .


### the commission is empowered to adopt delegated acts in accordance with article 12 to : ### the commission shall adopt delegated acts in accordance with article 12 to :


### in order to ensure the safe operation of automated vehicles on public roads , the commission is empowered to adopt delegated acts in accordance with article 12 to lay down requirements relating to the systems and other items listed in points to of paragraph 1 of this article , and to lay down detailed rules concerning the specific test procedures and technical requirements for the type - approval of automated vehicles with regard to those requirements . ### in order to ensure the safe operation of automated vehicles on public roads , the commission shall adopt delegated acts in accordance with article 12 to lay down requirements relating to the systems and other items listed in points to of paragraph 1 of this article , and to lay down detailed rules concerning the specific test procedures and technical requirements for the type - approval of automated vehicles with regard to those requirements .


### without prejudice to articles 4 , 5 , 6 and 10 , personal data shall only be transmitted to recipients established in the union and subject to regulation 2016 / 679 or to the national law adopted pursuant to directive 2016 / 680 , if the recipient establishes : ### without prejudice to articles 4 , 5 , 6 , 10 , 14 , 15&#160 ; and 16 , personal data shall only be transmitted to recipients established in the union and subject to regulation 2016 / 679 or to the national law adopted pursuant to directive 2016 / 680 , if the controller demonstrates , on the basis of a reasoned request by the recipient :


### legal acts adopted on the basis of the treaties or , in matters relating to the operation of the union institutions and bodies , internal rules laid down by the latter may restrict the application of articles 14 to 22 , 34 and 38 , as well as article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 22 , when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard : ### legal acts adopted on the basis of the treaties , which&#160 ; should be clear and precise and their application should be foreseeable to persons subject to it , may restrict the application of articles&#160 ; 14 to 22 and&#160 ; 38 , as well as article&#160 ; 4 in so far as its provisions correspond to the rights and obligations provided for in articles&#160 ; 14 to 22 , when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard :


### the union is committed to developing a comprehensive response to the sustainable development goals of the united nations 2030 agenda for the sustainable development , which highlight the intrinsic connection between the management of natural resources to ensure their long - term availability , ecosystem services , their link to human health and sustainable and socially inclusive economic growth . in this spirit , the programme should make a material contribution to both economic development and social cohesion . ### the union is committed to developing a comprehensive response to the sustainable development goals of the united nations 2030 agenda for the sustainable development , which highlight the intrinsic connection between the management of natural resources to ensure their long - term availability , ecosystem services , their link to human health and sustainable and socially inclusive economic growth that supports green job creation . in this spirit , the programme should make a material contribution to both sustainable economic development and social cohesion .


### ' standard action projects ' means projects , other than strategic integrated projects , strategic nature projects or technical assistance projects , that pursue the specific objectives of the programme set out in article 3 ; ### ' standard action projects ' means projects , other than strategic integrated projects , strategic nature projects or technical assistance projects , such as bottom - up projects , that pursue the specific objectives of the programme set out in article 3 ;


### the general objective of the programme is to contribute to the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy , including through the transition to clean energy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , thereby contributing to sustainable development . ### the general objective of the programme is to contribute to the shift towards a sustainable , clean , circular , energy and resource - efficient , low - carbon and climate - resilient economy , including through the transition to clean and renewable energy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , thereby contributing to sustainable development and tackling climate change . the programme shall also support better environmental and climate governance at all levels , including&#160 ; the stronger involvement of local and regional authorities and civil society organisations .


### to develop , demonstrate and promote innovative techniques and approaches for reaching the objectives of the union legislation and policy on environment and climate action , including the transition to clean energy , and to contribute to the application of best practice in relation to nature and biodiversity ; ### to develop , demonstrate and promote innovative techniques and approaches for reaching the objectives of the union legislation and policy on environment and climate action , including the transition to clean and renewable energy , and to contribute to the application of best practice in relation to nature and biodiversity ;


### the sub - programme climate change mitigation and adaptation ; ### the sub - programme climate change governance , mitigation and adaptation ;


### the financial envelope for the implementation of the programme for the period 2021 - 2027 shall be eur 5 450 000 000 in current prices . ### the financial envelope for the implementation of the programme for the period 2021 - 2027 shall be eur 7 900 000 000 .


### eur 3 500 000 000 for the field environment , of which ### eur 5 200 000 000 for the field environment , of which


### eur 2 150 000 000 for the sub - programme nature and biodiversity and ### eur 3 200 000 000 for the sub - programme nature and biodiversity and


### eur 1 350 000 000 for the sub - programme circular economy and quality of life ; ### eur 2 000 000 000 for the sub - programme circular economy and quality of life ;


### the programme shall be implemented in a way which ensures its consistency with the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , horizon europe , the connecting europe facility and investeu , in order to create synergies , particularly as regards strategic nature projects and strategic integrated projects , and to support the uptake and replication of solutions developed under the programme . ### the programme shall be implemented in a way which ensures its consistency with the cohesion policy goals , the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , horizon europe , the connecting europe facility and investeu , in order to create synergies , particularly as regards strategic nature projects and strategic integrated projects , and to support the uptake and replication of solutions developed under the programme .


### grants under the programme shall be awarded and managed in accordance with title viii of the financial regulation . ### grants under the programme shall be awarded and co - financed at a rate of 85 % , and managed in accordance with title viii of the financial regulation .


### efficient decarbonisation of the electricity system via market integration requires systematically abolishing barriers to cross - border trade to overcome market fragmentation and to allow union energy customers to fully benefit from the advantages of integrated electricity markets and competition . ### efficient decarbonisation of the electricity system via market integration requires systematically abolishing barriers to cross - border trade to overcome market fragmentation and to allow union energy customers to fully benefit from the advantages of integrated electricity markets and competition . it also needs to provide for a just transition for coal mining regions and for those parts of the electricity market that are still largely based on electricity production from coal , as their decommission necessary in the framework of the transition to a flexible and sustainable energy system enabling the eu meeting the paris agreement will have to address the numerous economical and social challenges .


### setting the basis for an efficient achievement of the objectives of the european energy union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility , decarbonisation and innovation ; _________________ 30 com / 2014 / 015 final . ### setting the basis for an efficient achievement of the objectives of the european energy union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility , energy efficiency and innovation , taking also account of the role of interconnectors and the growing share of renewables for the transition to a sustainable energy system ; _________________ 30 com / 2014 / 015 final .


### ' strategic reserve ' means a capacity mechanism in which resources are only dispatched in case day - ahead and intraday markets have failed to clear , transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load ; ### ' strategic reserve ' means a capacity mechanism in which resources are held and definitively remain outside the day ahead , intraday , balancing and any other ancillary services market , and are only dispatched in case day - ahead and intraday markets have failed to clear , transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at technical price limits or at the value of lost load ;


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


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


### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources or high - efficiency cogeneration in their area ; ### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration in line with the least cost delivery of union wide targets , including climate targets , with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where they can demonstrate in a transparent way that this is more economically efficient and does not exceed 1 % of installed capacities of installations using renewable energy sources or high - efficiency cogeneration at the connection point ;


### take appropriate grid and market - related operational measures in order to minimise the curtailment or downward redispatching of electricity produced from renewable energy sources or high - efficiency cogeneration . ### take appropriate grid and market - related operational measures in order to efficiently accommodate all electricity produced from renewable energy sources or high - efficiency cogeneration and minimise their curtailment or downward redispacthing .


### where non - market based curtailment or redispatching is used , it shall be subject to financial compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation or demand facility . financial compensation shall at least be equal to the highest of the following elements : ### where non - market based curtailment or redispatching is used , it shall be subject to payment by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation or demand facility . payment shall at least be equal to the highest of the following elements :


### network congestion problems shall be addressed with non - discriminatory market - based solutions which give efficient economic signals to the market participants and transmission system operators involved . network congestion problems shall be solved with non - transaction based methods , i . e . methods that do not involve a selection between the contracts of individual market participants . when taking operational measures to ensure that its transmission system remains in the normal state , the transmission system operator shall take into account the effect of those measures on neighbouring control areas and coordinate such measures with other affected transmission system operators as provided for in regulation 1222 / 2015 . ### network congestion problems shall be addressed with non - discriminatory market - based solutions including energy efficiency / demand - side management solutions which give efficient economic signals to the market participants and transmission system operators involved . network congestion problems shall be solved with non - transaction based methods , i . e . methods that do not involve a selection between the contracts of individual market participants . when taking operational measures to ensure that its transmission system remains in the normal state , the transmission system operator shall take into account the effect of those measures on neighbouring control areas and coordinate such measures with other affected transmission system operators as provided for in regulation 1222 / 2015 .


### the maximum capacity of the interconnections and / or the transmission networks affecting cross - border flows shall be made available to market participants , complying with safety standards of secure network operation . counter - trading and redispatch , including cross - border redispatch , shall be used to maximise available capacities unless it is demonstrated that it is not beneficial to economic efficiency at union level . ### the maximum capacity of the interconnections and / or the transmission networks affecting cross - border flows shall be made available to market participants , complying with safety standards of secure network operation . counter - trading and redispatch , including cross - border redispatch , shall be used to guarantee the firmness of the exchange scheduled in case of reductions of the available net transfer capacity due to system security reasons .


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users ' consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost and benefits related to the use of the distribution network by system users and the benefits of those users including lower transmission losses and load reduction including active customers and may be differentiated based on system users ' consumption or generation profiles and grid connection capacities , whilst avoiding disincentives for energy efficiency . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . the tariffs shall be set in a manner that incentivises investment in demand response flexibility systems and energy savings ; subsequently they shall not include additional capacity - based elements . member states shall ensure that tariffs are not discriminatory , and that there are no subsidies to specific groups of users , including exemptions to pay . member states may allow subsidies and exemptions for measures aiming at preventing fuel poverty as set in article 28 and article 29 of the [ electricity directive ] .


### member states shall monitor resource adequacy within their territory based on the european resource adequacy assessment pursuant to article 19 . ### member states shall monitor , report on and publish resource adequacy within their territory based on the european resource adequacy assessment pursuant to article 19 .


### member states shall publish a timeline for adopting measures to eliminate any identified regulatory distortions . when addressing resource adequacy concerns member states shall in particular consider removing regulatory distortions , enabling scarcity pricing , developing interconnection , energy storage , demand side measures and energy efficiency . ### member states shall publish a timeline and an implementation plan for adopting measures to eliminate any identified regulatory distortions and market failures . when addressing resource adequacy concerns member states shall first remove those regulatory distortions , enabling scarcity pricing , developing interconnection and distributed energy resources . member states shall consider cost - effective alternatives to building additional generation by carrying out a cost - benefit analysis of alternative options , including energy efficiency / demand side management , developing interconnection and energy storage . member states shall notify the timelines to the european commission for approval . the commission shall assess whether these measures are sufficient to eliminate the market distortion and issue a decision as to the compatibility of the notified actions in member states’ timelines with the overall objectives of the energy union , in particular their contribution to the eu 2030 climate and energy targets and 2050 decarbonisation objectives . member states shall regularly report on progress towards implementing the actions set out in their timelines . actions may include : removal of regulatory distortions and market failures , notably hurdles to increased energy efficiency , flexibility and the deployment of renewable energy ; elimination of the potential oversupply of capacity in the market by first taking the most polluting and least flexible resources off the grid . removal of price caps ; introduction of an administrative shortage pricing function as referred to in article 44 of [ the commission regulation establishing a guideline on electricity balancing ] ; increasing interconnection capacity where necessary according to the adequacy assessment and interconnection target and reinforce and optimise internal grid to address congestion ; increasing energy efficiency , development of demand - side response and storage capacity ;


### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ; ### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , moth - balling , new - build of generation assets and measures to reach energy efficiency and electricity interconnection targets and appropriate sensitivities on wholesale prices and carbon price developments and appropriately takes account of the contribution of all resources and their potential for technological advancement i . e . via monitoring flexibility available in the system , including existing and potential flexibility from generation , demand - side , interconnections and storage ;


### the proposals under paragraphs 2 and 5 and the results of the european resource adequacy assessment under paragraph 3 shall be subject to prior consultation and approval by the agency under the procedure set out in article 22 . ### the proposals under paragraphs 2 and 5 , the scenarios and assumptions on which they are based and the results of the european resource adequacy assessment under paragraph 3 shall be subject to prior consultation of all interested stakeholders and approval by the agency under the procedure set out in article 22 .


### to address residual concerns that cannot be eliminated by the measures pursuant to article 18 , member states may introduce capacity mechanisms , subject to the provisions of this article and to the union state aid rules . ### to address residual concerns that cannot be eliminated by the measures pursuant to article18 , member states may temporarily introduce capacity mechanisms as a last resort . the commission may adopt a decision allowing for the requested capacity mechanism to be granted , subject to the provisions of this article and to the union state aid rules . the commission shall inform all member states of those applications before taking a decision , taking into account confidentiality . that decision shall be published in the official journal of the european union . the commission may include in its decision conditions to the implementation of the capacity mechanism . remedies that build on the curtailment of renewable energy generation , forced disconnections of household customers , limited feed - in / dispatch of small - scale self - generators or direct or indirect support to electricity generation from form fossil fuels or nuclear energy shall be excluded . the decision shall be limited in time and contain a detailed timeline with measures to phase out the capacity mechanism as well as the foreseen date of expiration of the capacity mechanism .


### where a member state wishes to implement a capacity mechanism , it shall consult on the proposed mechanism at least with its electrically connected neighbouring member states . ### where a member state wishes to implement a capacity mechanism , it shall consult on the proposed mechanism at least with its electrically connected neighbouring member states , the agency as well as with all relevant stakeholders , including with consumer organisations . prior to submitting a proposal for a capacity mechanism to public consultation , the national regulatory authority shall assess the impact of the capacity mechanism on energy prices in particular to energy prices for household customers . the impact assessment shall be published .


### capacity mechanisms shall not create unnecessary market distortions and not limit cross - border trade . the amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern . ### capacity mechanisms shall not create non - proportionate market distortions and not limit cross - border trade . member states shall introduce appropriate rules to enable all resources to participate in capacity mechanisms , including end - use energy efficiency and demand response . the amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern . where the european adequacy assessment has not identified a resource adequacy concern , member state shall not apply capacity mechanisms . capacity mechanisms shall be applied for a maximum period of four years . every four years , member states shall assess their capacity mechanism and in particular : the level of support received by capacity providers the amount of capacity committed in the mechanism the design criteria of the mechanism , including the sustainability criterion .


### where the european resource adequacy assessment has not identified a resource adequacy concern , member states shall not apply capacity mechanisms . ### where the european resource adequacy assessment has not identified a resource adequacy concern , member states shall not apply capacity mechanisms . member states shall also not apply capacity mechanisms in markets with regulated prices or price caps , in case they have not reached their interconnection targets or where network codes and guidelines are not fully implemented and applied .


### member states applying capacity mechanisms on [ op : entry into force of this regulation ] shall adapt their mechanisms to comply with articles 18 , 21 and 23 of this regulation . ### member states applying capacity mechanisms on [ op : entry into force of this regulation ] shall adapt their mechanisms to comply with articles 18 , [ 18a , ] 21 and 23 of this regulation . without prejudice to the immediate application of the flexibility requirements set out in article 23 , by [ two years from the entry into force of this regulation ] , member states shall complete the review of existing capacity mechanisms , and of the related contractual or administrative arrangement , and bring them in compliance with the provisions of this regulation . they shall submit to the commission a detailed report on the results of the review and of the measures taken .


### in performing its functions under eu law , the entso for electricity shall act for the european good and independent from individual national interests or the national interests of transmission system operators , and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy covering the period from 2020 to 2030 , in particular by contributing to the efficient integration of electricity generated from renewable energy sources and to increases in energy efficiency . ### in performing its functions under eu law , the entso for electricity shall act for the european good and independent from individual national interests or the national interests of transmission system operators , and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy covering the period from 2020 to 2030 , in particular by contributing to the efficient integration of electricity generated from renewable energy sources and to increases in energy efficiency . in particular , it shall ensure that the mobilisation of human resources from national transmission system operators does not trigger situations of conflict of interest . the agency shall be responsible to monitor the compliance of the entso for electricity with the principles outlined in this article .


### regional operational centres shall set up and manage their organisation according to a structure that supports the safety of their functions . their organisational structure shall specify : ### regional operational centres shall set up and manage their organisation according to a structure that supports the safety of their functions and that they exercise their powers independent from any market players . regional operational centres shall ensure that their staff and the persons responsible for their management act independently from any market interest and do not seek or take direct instructions from any government or other public or private entity when carrying out their tasks . their organisational structure shall specify


### regional operational centres shall be equipped with all the human , technical , physical and financial resources necessary for fulfilling their obligations under this regulation and carrying out their functions . ### regional operational centres shall be equipped with all the human , technical , physical and financial resources necessary for fulfilling their obligations under this regulation and carrying out their functions independently and impartially .


### by [ op : twelve months after entry into force ] , the distribution system operators , with the administrative support of the agency , shall submit to the commission and to the agency the draft statutes , a list of registered members , the draft rules of procedure , including the rules of procedures on the consultation with entso for electricity and other stakeholders and the financing rules , of the eu dso entity to be established . ### distribution system operators shall cooperate at union level to contribute to the achievement of the eu climate and energy objectives including the integration of high levels of electricity generated by variable renewable energy sources , to promote the completion and functioning of the internal market in electricity , and to promote optimal management and a coordinated operation of distribution and transmission systems .


### while preparing possible network codes pursuant to article 55 , the eu dso entity shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 50 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process . ### while preparing possible network codes pursuant to article 55 , the an inclusive drafting committee also comprising the eu dso entity shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 50 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process .


### the eu dso entity shall take into consideration the views provided during the consultations . before adopting proposals for network codes referred to in article 55 the eu dso entity shall indicate how the observations received during the consultation have been taken into consideration . it shall provide reasons where observations have not been taken into account . ### the drafting committee shall take into consideration the views provided during the consultations . before adopting proposals for network codes referred to in article 55 the eu dso entity shall indicate how the observations received during the consultation have been taken into consideration . it shall provide reasons where observations have not been taken into account .


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , the european training foundation , and the european institute for gender equality as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation .


### provide relevant information on the rights and obligations of individuals in cross - border labour mobility situations ; ### provide relevant information on the rights including maternity , paternity , parental and carers ' leave and obligations of individuals in cross - border labour mobility situations ;


### provide relevant information on the rights and obligations of individuals in cross - border labour mobility situations ; ### provide relevant information on the rights and obligations of individuals in cross - border labour mobility situations , including on&#160 ; pension rights and maternity , paternity , parental and carers ' leave ;


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall submit regularly a report of its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . the report shall include a gender dimension .


### the authority shall collect statistical data compiled and provided by member states in the areas of union law within the scope of the authority’s competences . in doing so , the authority shall seek to streamline current data collection activities in those areas . where relevant , article 16 shall apply . the authority shall liaise with the commission and share the results of its data collection activities , where appropriate . ### the authority shall collect statistical data compiled , disaggregated by gender and provided by member states in the areas of union law within the scope of the authority’s competences . in doing so , the authority shall seek to streamline current data collection activities in those areas . where relevant , article 16 shall apply . the authority shall liaise with the commission and with the european institute for gender equality and share the results of its data collection activities , where appropriate .


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , one representative of women’s organisations and two representatives of the commission .


### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . that list of candidates shall be gender balanced .


### as outlined in their joint declaration on the legislative priorities for 2018 - 2019 , the european parliament , the council and the commission are committed to taking action to reinforce the social dimension of the union , by working on improving the coordination of social security systems36 , by protecting workers from health risks in the workplace37 , by ensuring fair treatment for all in the union labour market through modernised rules on posting of workers38 , and by further improving cross - border enforcement of the union law . _________________ 36 proposal for a regulation of the european parliament and of the council amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 815 final . 37 proposal for a directive of the european parliament and of the council amending directive 2004 / 37 / ec on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 11 final ) . 38 proposal for a directive of the european parliament and of the council amending directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 128 final ) . ### as outlined in their joint declaration on the legislative priorities for 2018 - 2019 , the european parliament , the council and the commission are committed to taking action to reinforce the social dimension of the union , by working on improving the coordination of social security systems36 , by protecting all workers from health risks in the workplace37 , by ensuring fair treatment for all in the union labour market through modernised rules on posting of workers38 , and by further improving cross - border enforcement of the union law . _________________ 36 proposal for a regulation of the european parliament and of the council amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 815 final . 37 proposal for a directive of the european parliament and of the council amending directive 2004 / 37 / ec on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 11 final ) . 38 proposal for a directive of the european parliament and of the council amending directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 128 final ) .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services and to social rights and benefits . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , undeclared work , or restrictions on workers ' or their families ' rights and benefits , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle labour irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities and social partners in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law .


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states , social partners , the european parliament and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority and the ilo may participate in the meetings of the management board as observers .


### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 . ### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners , the ilo and relevant civil society organisations . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 .


### processing of personal data carried out in the context of this regulation should be conducted in accordance with regulation no 2016 / 679 of the european parliament and of the council64 , or regulation no 45 / 2001 of the european parliament and of the council65 , whichever is applicable . this includes putting in place appropriate technical and organisational measures to comply with the obligations imposed by these regulations , in particular those relating to the lawfulness of the processing , the security of the processing activities , the provision of information and the rights of data subjects . _________________ 64 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 65 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data , currently under revision by com 8 final . ### any processing of personal data carried out by the authority in the context of this regulation should be conducted in accordance with regulation 2018 / xx [ successor of regulation no 45 / 2001 of the european parliament and of the council1a ] . any processing of personal data carried out by member states within the framework of this regulation , in particular in the context of concerted or joint inspections , should be conducted in accordance with regulation no 2016 / 679 of the european parliament and of the council1b . in cases where the processing of personal data is necessary primarily for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , especially in the context of concerted or joint inspections uncovering irregularities of a criminal nature such as labour exploitation or trafficking in human beings , the processing of such personal data should be conducted in accordance with directive 2016 / 680 of the european parliament and of the council1c . appropriate technical and organisational measures to comply with the obligations imposed by these regulations , in particular those relating to the lawfulness of the processing , the security of the processing activities , the provision of information and the rights of data subjects , should be put in place by the authority . _________________ 1a regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data , currently under revision by com 8 final . 1b regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 1c directive 2016 / 680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha .


### since the objectives of this regulation to support the free movement of workers and services and to contribute to strengthening fairness in the internal market cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation to support the free movement of workers and services and to contribute to strengthening social justice in the internal market cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . any data processed to assess risks and carry out analyses shall be fully anonymised . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues .