### the impact assessments of the clean energy legislation estimate that the delivery of the union ' s 2030 energy targets will require additional investments of eur 177 billion annually in the period 2021 - 2030 . the biggest gaps relate to the investments in buildings decarbonisation , where capital needs to be channelled towards projects of highly distributed nature . one of the objectives of the clean energy transition sub - programme is to build capacity for projects development and aggregation , thereby also helping to absorb funds from the european structural and investment funds and catalyse investments in clean energy also using the financial instruments provided under investeu . ### the impact assessments of the clean energy legislation estimate that the delivery of the union ' s 2030 energy targets will require additional investments of eur 177 billion annually in the period 2021 - 2030 . the biggest gaps relate to the investments in buildings decarbonisation , where capital needs to be channelled towards projects of highly distributed nature . one of the objectives of the renewable energy , energy efficiency and sustainable energy communities sub - programme is to build capacity for projects development and aggregation , thereby also helping to absorb funds from the european structural and investment funds and catalyse investments in renewable energy and energy efficiency also using the financial instruments provided under investeu .


### the union ' s most recent environmental implementation review package21 indicates that significant progress is required to accelerate implementation of the union environment acquis and enhance the integration of environmental and climate objectives into other policies . the programme should therefore act as a catalyst to achieve the required progress through developing , testing and replicating new approaches ; supporting policy development , monitoring and review ; enhancing stakeholder involvement ; mobilising investments across union investment programmes or other financial sources and supporting actions to overcome the various obstacles to the effective implementation of key plans required by environment legislation . _________________ 21 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - the eu environmental implementation review : common challenges and how to combine efforts to deliver better results . ### the union ' s most recent environmental implementation review package21 indicates that significant progress is required to accelerate implementation of the union environment acquis and enhance the integration and mainstreaming of environmental , biodiversity and climate objectives into other policies . the programme should therefore act as a catalyst to tackle horizontal , systemic challenges as well as the root causes for implementation deficiencies as identified in the eir and to achieve the required progress through capacity building , developing , testing and replicating new approaches ; supporting compatible policy development , monitoring and review , good governance , awareness raising and enhanced stakeholder involvement including regional , local authorities , ngos , research and business ; mobilising investments across union investment programmes or other financial sources and supporting actions to overcome the various obstacles to the effective implementation of existing environment legislation . _________________ 21 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - the eu environmental implementation review : common challenges and how to combine efforts to deliver better results .


### halting and reversing biodiversity loss , including in marine ecosystems , requires support for the development , implementation , enforcement and assessment of relevant union legislation and policy , including the eu biodiversity strategy to 202022 , council directive 92 / 43 / eec23 and directive 2009 / 147 / ec of the european parliament and of the council24 and regulation 1143 / 2014 of the european parliament and of the council25 , in particular by developing the knowledge base for policy development and implementation and by developing , testing , demonstrating and applying best practices and solutions on small scale or tailored to specific local , regional or national contexts , including integrated approaches for the implementation of the prioritised action frameworks prepared on the basis of directive 92 / 43 / eec . the union should track its biodiversity - related expenditure to fulfil its reporting obligations under the convention on biological diversity . requirements for tracking in other relevant union legislation should also be met . _________________ 22 com 244 final . 23 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 24 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 25 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species . ### halting and reversing biodiversity loss and the degradation of natural capital and ecosystem services , including in marine and freshwater ecosystems , requires support for the development , implementation , enforcement and assessment of relevant union legislation and policy , including the eu biodiversity strategy to 202022 , council directive 92 / 43 / eec23 and directive 2009 / 147 / ec of the european parliament and of the council24 and regulation 1143 / 2014 of the european parliament and of the council25 , in particular by developing the knowledge base for policy development and implementation and by developing , testing , demonstrating and applying best practices and solutions on small scale or tailored to specific local , regional or national contexts , including integrated approaches for the implementation of the prioritised action frameworks prepared on the basis of directive 92 / 43 / eec . the union and the member states should systematically track their biodiversity - related expenditure across all financial instruments , both ex - ante and ex - post , combining top - down and bottom - up approaches , inter alia to fulfil their reporting obligations under the convention on biological diversity . requirements for tracking in other relevant union legislation should also be met . _________________ 22 com 244 final . 23 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 24 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 25 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species .


### recent evaluations and assessments , including the mid - term review of the eu biodiversity strategy to 2020 and the fitness check of nature legislation , indicate that one of the main underlying causes for insufficient implementation of union nature legislation and of the biodiversity strategy is the lack of adequate financing . the main union funding instruments , including the [ european regional development fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund ] , can make a significant contribution towards meeting those needs . the programme can further improve the efficiency of such mainstreaming through strategic nature projects dedicated to catalysing the implementation of union nature and biodiversity legislation and policy , including the actions set out in the priority action frameworks developed in accordance with directive 92 / 43 / eec . the strategic nature projects should support programmes of actions in member states for the mainstreaming of relevant nature and biodiversity objectives into other policies and financing programmes , thus ensuring that appropriate funds are mobilised for implementing these policies . member states could decide within their strategic plan for the common agricultural policy to use a certain share of the european agricultural fund for rural development allocation to leverage support for actions that complement the strategic nature projects as defined under this regulation . ### recent evaluations and assessments , including the mid - term review of the eu biodiversity strategy to 2020 and the fitness check of nature legislation , indicate that one of the main underlying causes for insufficient implementation of union nature legislation and of the biodiversity strategy is the lack of adequate financing . the main union funding instruments , including the [ european regional development fund , the cohesion fund , the agricultural guarantee fund , the european agricultural fund for rural development and the european maritime and fisheries fund ] , can make a significant contribution towards meeting those needs , with the prerequisite that all these funding instruments are fitted with proper sustainability safeguards and address adequately the drivers behind environmental degradation and climate change . the programme can further improve the efficiency of such mainstreaming through strategic nature projects dedicated to catalysing the implementation of union nature and biodiversity legislation and policy , including the actions set out in the priority action frameworks developed in accordance with directive 92 / 43 / eec . the strategic nature projects should support programmes of actions in member states for the mainstreaming of relevant nature and biodiversity objectives into other policies and financing programmes , thus ensuring that appropriate funds are mobilised for implementing these policies . member states could decide within their strategic plan for the common agricultural policy to use a certain share of the agricultural guarantee fund and the european agricultural fund for rural development allocation to leverage support for actions that complement the strategic nature projects as defined under this regulation .


### promoting the circular economy requires a mentality shift in the way of designing , producing , consuming and disposing of materials and products , including plastics . the programme should contribute to the transition to a circular economy model through financial support targeting a variety of actors , in particular by applying , developing , and replicating best technology , practices and solutions tailored to specific local , regional or national contexts , including through integrated approaches for the implementation of waste management and prevention plans . through supporting the implementation of the plastics strategy , action can be taken to address the problem of marine litter in particular . ### promoting a resource - efficient and circular economy requires a mentality shift in the way of designing , producing , consuming and disposing of materials and products , including plastics . the programme should contribute to the transition to a resource - efficient and circular economy model through financial support targeting a variety of actors , in particular by applying , developing , and replicating best technology , practices and solutions tailored to specific local , regional or national contexts , including through integrated approaches for the implementation of the waste hierarchy , sustainable waste management and prevention plans . through supporting the implementation of the plastics strategy , action can be taken to address the problem of marine and freshwater litter in particular .


### the improvement of governance on environmental , climate change and related clean energy transition matters requires involvement of civil society by raising public awareness , consumer engagement , and broadening of stakeholder involvement , including non - governmental organisations , in consultation on and implementation of related policies . ### the improvement of governance on environmental , biodiversity , climate change and the transition towards a net - zero emission society requires a multilevel approach with robust and evidence - based procedures and broader engagement , including of local and regional authorities and civil society , in the preparation and implementation of related policies , and in raising public awareness . the work of non - governmental organisations and network of non - profit - making entities which pursue an aim of general union interest and are primarily active in the field of environment and climate action should therefore receive increased support from this programme . standard action projects in this regard are of particular importance , therefore the technical details including the minimum total amount of projects should be set in a way that enables good ngo participation in the programme .


### whilst improving governance at all levels should be a cross - cutting objective for all sub - programmes of the programme , the programme should support the development and implementation of the horizontal legislation on the environmental governance , including the legislation implementing the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters29 . _________________ 29 oj l 124 , 17 . 5 . 2005 , p . 4 . ### whilst improving governance at all levels should be a cross - cutting objective for all sub - programmes of the programme , the programme should support the development and implementation and effective compliance with and enforcement of the environment and climate acquis , in particular of the horizontal legislation on the environmental governance , including the legislation implementing the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters29 29a , also with regard to the aarhus convention compliance committee . the programme should , in particular , support the development of cooperation platforms and the sharing of best practices for more effective compliance and enforcement of environmental and climate policy and legislation , including training programmes for judges and public prosecutors , as well as awareness raising activities with regards to access to information and access to justice on environmental and climate matters . _________________ 29 oj l 124 , 17 . 5 . 2005 , p . 4 . 29a oj l 264 , 25 . 9 . 2006 , pp . 13 - 19 .


### the programme should prepare and support market players for the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy by testing new business opportunities , upgrading professional skills , facilitating consumers ' access to sustainable products and services , engaging and empowering influencers and testing novel methods to adapt the existing processes and business landscape . to support a broader market uptake of sustainable solutions , general public acceptance and consumer engagement should be promoted . ### the programme should prepare and support market players for the shift towards a sustainable , circular , resource - and energy - efficient , net zero - emission and climate - resilient economy by testing new business opportunities , upgrading professional skills , facilitating consumers ' access to sustainable products and services , and testing novel methods to adapt the existing processes and business landscape . to support a broader market uptake of sustainable solutions , general public acceptance and consumer engagement should be promoted .


### in the implementation of the programme due consideration should be given to the strategy for outermost regions30 in view of article 349 tfeu and the specific needs and vulnerabilities of these regions . union policies other than environmental , climate and relevant clean energy transition policies should also be taken into account . _________________ 30 com 623 final ### in the implementation of the programme due consideration should be given to the strategy for outermost regions30 in view of article 349 tfeu and the specific needs and vulnerabilities of these regions . union policies other than environmental , climate and relevant decarbonisation policies should also be taken into account . _________________ 30 com 623 final


### in support of the implementation of the programme , the commission should collaborate with the programme’s national contact points , organise seminars and workshops , publish lists of projects funded under the programme or undertake other activities to disseminate project results and to facilitate exchanges of experience , knowledge and best practices and the replication of project results across the union . such activities should in particular target member states with a low uptake of funds and should facilitate the communication and cooperation between project beneficiaries , applicants or stakeholders of completed and ongoing projects in the same field . ### in support of the implementation of the programme , the commission should collaborate with the programme’s national contact points , including in the set - up of an advisory network at local level to facilitate the development of projects with high added - value and policy impact and to ensure the provision of information on complementary financing , transferability of projects as well as long - term sustainability , organise seminars and workshops , publish lists of projects funded under the programme or undertake other activities to disseminate project results and to facilitate exchanges of experience , knowledge and best practices and the replication of project results across the union . such activities should in particular target member states with a low uptake of funds and should facilitate the communication and cooperation between project beneficiaries , applicants or stakeholders of completed and ongoing projects in the same field .


### 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 , preservation 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 the stronger involvement of local and regional authorities and civil society organisations .


### to support the development , implementation , monitoring and enforcement of the relevant union legislation and policy , including by improving governance through enhancing capacities of public and private actors and the involvement of civil society ; ### to support the development , implementation , monitoring , effective compliance and enforcement of the union’s general environment action programme under article192 tfeu and other relevant union legislation and policy , including by supporting better environmental and climate governance at all levels , including through enhancing capacities of public and private actors , improving awareness - raising and reinforcing the involvement of civil society , ngos and local actors .


### eur 1 350 000 000 for the sub - programme circular economy and quality of life ; ### 38 , 72% for the sub - programme circular economy , health , and quality of life ;


### eur 1 000 000 000 for the sub - programme clean energy transition . ### 51 , 28% for the sub - programme renewable energy , energy efficiency and sustainable energy communities .


### 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 commission shall ensure the consistent implementation of the programme and ensure coherence and coordination with and the mainstreaming of eu environmental objectives into all eu policies and instruments , with special regard to the european regional development fund , the european social fund , the cohesion fund , the european agricultural guarantee fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , horizon europe , the connecting europe facility and invest eu , 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 . for that purpose , the commission shall adopt , no later than 1 december , delegated acts in accordance with article 21 in order to supplement this regulation by specifying detailed rules on the procedures to ensure sustainability , biodiversity and climate proofing of other union funding programmes .


### projects financed by the programme shall avoid undermining environmental , climate or relevant clean energy objectives of the programme and , where possible , shall promote the use of green public procurement ; ### projects financed by the programme shall be subject to sustainability and proofing and&#160 ; should not undermine environmental , biodiversity , or decarbonisation objectives of the programme and , as often as possible , shall promote the use of green public procurement .


### projects with the highest potential of being replicated and taken - up by the public or private sector or of mobilising the largest investments or financial resources shall be given priority ; ### projects with the greatest policy impact and the highest potential of being replicated and taken - up by the public or private sector shall be given priority ;


### where appropriate , special regard shall be given to projects in geographical areas with specific needs or vulnerabilities , such as areas with specific environmental challenges or natural constraints , trans - border areas or outermost regions . ### where appropriate , special regard shall be given to projects in geographical areas with high natural value under protection or specific needs or vulnerabilities , such as areas with specific environmental challenges including on air , soil and water quality , or natural constraints , trans - border areas , regions particularly affected or at risk of being particularly affected by climate change , or outermost regions .


### blending operations under this programme shall be implemented in accordance with the [ investeu regulation ] and title x of the financial regulation . ### blending operations under this programme shall be implemented in accordance with the [ investeu regulation ] and title x of the financial regulation , with due regard to sustainability and transparency requirements .


### evaluations shall be carried out in a timely manner to feed into the decision - making process . ### evaluations shall be carried out in a timely manner to feed into the decision - making process with due regard to the aspects of coherence , synergies and trade - offs , eu added value and long - term sustainability , using priority are as of the relevant environment action programme and biogeographical characteristics and delineations used as a guiding principle .


### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall publish the conclusions of the evaluations and communicate them , accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , including the life programme logo , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public .


### certain customers , including households and customers providing essential social services , are particularly vulnerable and may need social protection . a definition of such protected customers should not conflict with the union solidarity mechanisms . ### certain customers , including households and customers providing essential social services , are particularly vulnerable and should be protected . a definition of such protected customers should not conflict with the union solidarity mechanisms .


### responsibility for security of gas supply should be shared by natural gas undertakings , member states , acting through their competent authorities ; and the commission , within their respective remits . such shared responsibility requires very close cooperation between these parties . however , customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply , as they can respond to a crisis by taking demand - side measures such as interruptible contracts and fuel switching , which have an immediate impact on the supply / demand balance . ### responsibility for security of gas supply should be shared by natural gas undertakings , member states , acting through their competent authorities ; and the commission , within their respective remits . such shared responsibility requires very close cooperation between these parties . however , customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply , as they can respond to a crisis by taking demand - side measures such as energy efficiency , interruptible contracts and fuel switching , which have an immediate impact on the supply / demand balance .


### for the purpose of this regulation , the following criteria should therefore be taken into account when defining the regional groups : supply patterns , existing and planned interconnections and interconnection capacity between member states , market development and maturity , existing regional cooperation structures , and the number of member states in a region , which should be limited to ensure that the group remains of a manageable size . ### for the purpose of this regulation , the following criteria should therefore be taken into account when defining the regional groups : supply and demand patterns , potentials for reducing this demand regionally through energy efficiency measures , in particular in buildings and industry , existing and planned interconnections and interconnection capacity between member states , market development and maturity , existing regional cooperation structures , and the number of member states in a region , which should be limited to ensure that the group remains of a manageable size .


### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate its effects should it nevertheless occur , the competent authorities of a given region must draw up preventive action plans and emergency , after consulting stakeholders . regional plans should take account of the specific characteristics of each member state . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects . the plans should take the security of electricity systems into account and be consistent with the energy union’s strategic planning and reporting tools . ### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate its effects should it nevertheless occur , the competent authorities of a given region must draw up preventive action plans and emergency , after consulting stakeholders . regional plans should take account of the specific characteristics of each member state and identify the potential for alleviating pressure on gas supply through energy efficiency measures and for increasing the share of energy generated by renewable sources . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects . the plans should take the security of electricity systems into account and be consistent with the energy union’s strategic planning and reporting tools .


### in the event of a supply crisis , market players should be given sufficient opportunity to respond to the situation with market - based measures . where market measures have been exhausted and they are still insufficient , member states and their competent authorities should take measures to remove or mitigate the effects of the supply crisis . ### in the event of a supply crisis , market players should be given sufficient opportunity to respond to the situation with market - based measures . where market measures have been exhausted and they are still insufficient , member states and their competent authorities should take measures to remove or mitigate the effects of the supply crisis . energy efficiency measures should be priorities in order to reduce gas and electricity demand and provide a long - term and sustainable improvement of member states’ resilience against supply crises .


### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . . ### one of the union goals is to strengthen a climate - friendly energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the renewable energy sector , including investments on the energy demand - side in the form of energy efficiency improvements , by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . .


### the measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory and verifiable , shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other member states or of the union as a whole . ### the measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , sustainable and consistent with the union’s climate and energy objectives , shall be demand - based on not exclusively supply - based , shall consider renewable energy sources and energy efficiency as priority solution to improve energy security , shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other member states or of the union as a whole .


### the commission shall be empowered to adopt delegated acts in accordance with article 14a to set out , in addition to the existing limit value for emissions of total nox , a limit value for emissions of no2 for vehicles approved as complying with the euro 6 emission limits set out in table 2 of annex i . the limit for emissions of no2 shall be set on the basis of an impact assessment , shall take into consideration the technical feasibility and shall reflect the air quality objectives set out in directive no 2008 / 50 of the european parliament and of the council* . ### the commission shall submit to the european parliament and to the council a proposal , under the ordinary legislative procedure , to amend this regulation in order to set out , in addition to the existing limit value for emissions of total nox , a limit value for emissions of no2 for vehicles approved as complying with the euro 6 emission limits set out in table 2 of annex i no 2008 / 50 of the european parliament and of the council* ) and in order to change the limit value of total hydrocarbons emissions for positive ignition vehicles .


### this regulation responds to these calls by offering citizens and businesses easy access to information , procedures and assistance and problem solving services they need for the exercise of their rights in the internal market . this regulation establishes a single digital gateway in the context of which the commission and competent authorities would play an important role in achieving those objectives . ### this regulation responds to these calls by offering citizens and businesses easy access to information , procedures and assistance and problem solving services they need for the exercise of their rights in the internal market , such as travel within the union , to work and retire in the union , reside in member states other than their member state of origin , access to education in other member states , access to healthcare , exercise of family rights , residence rights , citizens’ rights and consumer rights . this regulation establishes a single digital gateway in the context of which the commission and competent authorities would play an important role in achieving those objectives .


### this regulation should establish a single entry point through which citizens and business should be able to access information about the rules and requirements they have to comply with , by virtue of union and / or national law . it should simplify citizens ' and businesses’ contact with the assistance and problem solving services , established at the union or national level and make it more effective . the gateway should also facilitate access to and completion of procedures . therefore , this regulation should require member states to enable users to fully complete certain procedures online that are of key importance to the majority of citizens and businesses moving across borders , without affecting in any way the existing substantive requirements by virtue of union and / or national law within those policy areas . in this context , the regulation should support the use of the “once - only” principle for the purpose of the exchange of evidence between competent authorities in different member states . ### this regulation should establish a single entry point through which citizens and business should be able to access information about the rules and requirements they have to comply with , by virtue of union and / or national law . it should simplify citizens ' and businesses’ contact with the assistance and problem solving services , established at the union or national level and make it more effective . the gateway should also facilitate access to and completion of procedures . therefore , this regulation should require member states to enable users to fully complete certain procedures online that are of key importance to the majority of citizens and businesses moving across borders , without affecting in any way the existing substantive requirements by virtue of union and / or national law within those policy areas . in this context , the regulation should support the use of the “once - only” principle , with full respect to the fundamental right to the protection of personal data , for the purpose of the exchange of evidence between competent authorities in different member states .


### the gateway should be user - centric and user - friendly and it should allow citizens and businesses to interact with national and union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it . the feedback tool should enable the user to point out perceived problems , deficiencies and needs in order to encourage continuous improvement of the quality of the services . ### the gateway should be user - centric , user - friendly and accessible and it should allow citizens and businesses to interact with national and union level administrations by providing them with the opportunity to give feedback in relation to both the services offered through the gateway and the functioning of the internal market as they experience it . the feedback tool should enable the user to point out perceived problems , deficiencies and needs in order to encourage continuous improvement of the quality of the services on the basis of anonymous data in order to protect the personal data of users .


### in some instances , given the current state of technical development it may still be necessary for users of a procedure to appear in person before a competent authority as part of the online procedure , in particular in the case of requesting or renewing passports or identity cards containing biometric data . any such exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure . ### in the case of requesting or renewing passports or identity cards , it may still be necessary as part of the online procedure for users to appear in person before a competent authority for the explicit purpose of gathering biometric data , where these data are required for the issuance of the renewed documents . this exception should be limited to situations where no digital technology exists to achieve the purpose of the procedure .


### in order to further facilitate the use of online procedures , this regulation should , in line with the “once - only” principle , provide the basis for the exchange of evidence directly between the competent authorities concerned from different member states , at the request of citizens and businesses . the “once - only principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross - border exchange of evidence . ### in order to further facilitate the use of online procedures , this regulation should , in line with the “once - only” principle , provide the basis for establishing a secure technical system to exchange evidence directly between the competent authorities concerned from different member states , at the explicit request of citizens and businesses . the “once - only principle means that citizens and businesses should not have to supply the same information to public authorities more than once for the cross - border exchange of evidence .


### the compliance with the quality criteria should be the responsibility of the competent authorities and the commission in relation to the information , procedures and services which they are responsible for . the national coordinators and the commission should supervise compliance with the quality criteria at national and union level respectively , and address any problems that arise . this regulation should give the commission a wide range of means to address any deterioration in the quality of services offered through the gateway , depending on the seriousness and persistence of such deterioration , which would include involving the gateway coordination group . this should not prejudge the overall responsibility of the commission regarding the monitoring of the compliance with this regulation . ### the compliance with the quality criteria should be the responsibility of the competent authorities and the commission in relation to the information , procedures and services which they are responsible for . the national coordinators and the commission should at regular intervals supervise compliance with the quality criteria at national and union level respectively , and address any problems that arise . this regulation should give the commission a wide range of means to address any deterioration in the quality of services offered through the gateway , depending on the seriousness and persistence of such deterioration , which would include involving the gateway coordination group . this should not prejudge the overall responsibility of the commission regarding the monitoring of the compliance with this regulation .


### the quality of the information , procedures , assistance and problem solving services available through the gateway should be monitored primarily through a user feedback tool that will ask users of to assess the coverage and quality of the information , procedure or assistance and problem solving service which they have used . this feedback will be collected in a common tool to which the commission , the competent authorities and the national coordinators should have access . in order to ensure uniform conditions for implementation of this regulation in relation to the functionalities of this user feedback tool and the modalities related to the collection and sharing of the user feedback , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 . ### the quality of the information , procedures , assistance and problem solving services available through the gateway should be regularly monitored primarily through a user feedback tool that will ask users to assess the coverage and quality of the information , procedure or assistance and problem solving service which they have used . this feedback will be collected in a common tool to which the commission , the competent authorities and the national coordinators should have access . in order to raise trust and ensure transparency for users , the feedback should be aggregated and made publicly available on the commission website as well as on the gateway itself in the form of summarising reports at least twice a year . in order to ensure uniform conditions for implementation of this regulation in relation to the functionalities of this user feedback tool and the modalities related to the collection , sharing and publication of the user feedback , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 .


### in order for the member states and the commission to develop and implement the necessary tools to give effect to this regulation , certain of its provisions should apply from two years after the date of entry into force . ### in order for the member states and the commission to develop and implement the necessary tools to give effect to this regulation , certain of its provisions should apply from one year after the date of entry into force .


### lays down rules for the establishment and operation of a single digital gateway to provide citizens and businesses with easy access to high quality , comprehensive information , effective assistance and problem solving services and efficient procedures regarding union and national rules applicable to citizens and businesses exercising or intending to exercise their rights derived from union law in the field of the internal market , within the meaning of article 26 tfeu ; ### lays down rules for the establishment and operation of a single digital gateway to provide easy access to high quality , comprehensive information , effective assistance and problem solving services and efficient procedures regarding union and national rules ; the single digital&#160 ; gateway&#160 ; shall support citizens , natural persons residing in a member state or legal persons having a registered office in a member state exercising or intending to exercise their rights derived from union law in the field of the internal market , within the meaning of article 26 tfeu ;


### facilitates the use of procedures by users from other member states and supports the implementation of the ' once only ' principle ; ### facilitates the use of procedures , including by users from other member states , and supports the implementation of the ' once only ' principle ;


### member states shall ensure that users can complete the procedures listed in annex ii fully online . ### member states shall ensure that users can complete the procedures listed in annex ii fully online . this obligation shall not apply in cases of procedures for requesting / renewing an id card or passport , which may require the user to appear in person before the competent authority at some stage of the procedure . member states shall limit such physical presence to what is strictly necessary and objectively justified and shall ensure that other steps of the procedure can be completed fully online . they shall notify such exceptions to the commission .


### for the purpose of the exchange of evidence for online procedures listed in annex ii and procedures provided for in directives 2005 / 36 / ec , 2006 / 123 / ec , 2014 / 24 / eu and 2014 / 25 / eu , a technical system for the electronic exchange of evidence between competent authorities in different member states shall be established by the commission in cooperation with the member states . ### for the purpose of the exchange of evidence for online procedures listed in annex ii and procedures provided for in directives 2005 / 36 / ec , 2006 / 123 / ec , 2014 / 24 / eu and 2014 / 25 / eu , a secure technical system for the electronic exchange of evidence between competent authorities in different member states shall be established by the commission in cooperation with the member states .


### the national coordinators and the commission shall monitor the compliance of the information , procedures and assistance and problem solving services available through the gateway for which they are responsible , with the quality requirements laid down in articles 7 to 11 and 13 . the monitoring shall be carried out on the basis of the data gathered in accordance with article 22 . ### the national coordinators and the commission shall regularly monitor the compliance of the information , procedures and assistance and problem solving services available through the gateway for which they are responsible , with the quality requirements laid down in articles 7 to 11 and 13 . the monitoring shall be carried out on the basis of the data gathered in accordance with article 22 .


### in case of the deterioration in the quality of the services referred to in paragraph 1 , provided by the competent authorities , the commission may take any of the following measures having regard to the seriousness and persistence of the deterioration : ### in case of the deterioration in the quality of the services referred to in paragraph 1 , provided by the competent authorities , the commission shall take one or more of the following measures having regard to the seriousness and persistence of the deterioration :


### the commission shall provide the links to the information , procedures and assistance and problem solving services accessible on the webpages managed at union level , and all their subsequent updates , to the repository of links . ### the commission shall provide the links to all the information , procedures and assistance and problem solving services accessible on the webpages managed at union level , and all their subsequent updates , to the repository of links .


### the national coordinators shall provide the links to the information , procedures and assistance and problem solving services accessible on the webpages managed by competent authorities or private or semi - private entities as referred to in article 6 , and all their subsequent updates , to the repository of links . ### the national coordinators shall provide the links to all the information , procedures and assistance and problem solving services accessible on the webpages managed by competent authorities or private or semi - private entities as referred to in article 6 , and all their subsequent updates , to the repository of links .


### the commission shall be responsible for the development , availability , maintenance , security and hosting of the following it applications and webpages : ### the commission shall be responsible , including&#160 ; legally liable , for the development , availability , regular monitoring , regular updating , maintenance , security and hosting of the following it applications and webpages :


### competent authorities shall be responsible for the development , availability , maintenance and security of it applications related to webpages they are managing and which are linked to the common user interface . ### competent authorities shall be responsible and liable for the development , availability , regular monitoring , maintenance and security of it applications related to webpages they are managing and which are linked to the common user interface .


### article 2 , articles 4 to 11 , article 12 to and , article 13 , article 14 , article 15 to , article 16 , article 17 , article 21 and , article 22 to and article 23 shall apply from [ two years after entry into force of this regulation ] . ### article 2 , articles 4 to 11 , article 12 to and , article 13 , article 14 , article 15 to , article 16 , article 17 , article 21 and , article 22 to and article 23 shall apply from [ one year after entry into force of this regulation ] .


### pursuant to article 13 of directive 2003 / 98 / ec and five years after the adoption of the amending directive 2013 / 37 / eu , the commission has , after consulting the relevant stakeholders , undertaken an evaluation and review of the functioning of the directive in the framework of a regulatory fitness and performance programme29 . __________________ 29 swd 145 . ### pursuant to directive 2003 / 98 / ec and five years after the adoption of the amending directive 2013 / 37 / eu , the commission has , after consulting the relevant stakeholders , undertaken an evaluation and review of the functioning of the directive in the framework of a regulatory fitness and performance programme 29 . __________________ 29 swd 145 .


### following the stakeholder consultation and in the light of the impact assessment30 results , the commission considered that action at union level was necessary in order to address the remaining and emerging barriers to a wide re - use of public sector and publicly - funded information across the union and to bring the legislative framework up to date with the advances in digital technologies , such as artificial intelligence and the internet of things . __________________ 30 swd 127 . ### following the stakeholder consultation and in the light of the impact assessment 30 results , the commission considered that action at union level was necessary in order to address the remaining and emerging barriers to a wide re - use of public sector and publicly - funded information across the union and to bring the legislative framework up to date with the advances in digital technologies , such as machine learning , artificial intelligence and the internet of things . __________________ 30 swd 127 .


### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisationsand research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 and directive 2007 / 2 / ec of the european parliament and of the council32 . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 32 directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . ### the substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the european economy and society focus on the following areas : the provision of real - time access to dynamic data via adequate technical means , increasing the supply of high - value public data for re - use , including from public undertakings , research performing organisations and research funding organisations , tackling the emergence of new forms of exclusive arrangements , the use of exceptions to the principle of charging the marginal cost and the relationship between this directive and certain related legal instruments , including directive 96 / 9 / ec31 , directive 2003 / 4 / ec31a , directive 2007 / 2 / ec of the european parliament and of the council32 and regulation 2016 / 67932a . _________________ 31 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 31a directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and repealing council directive 90 / 313 / eec . 32a 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 .


### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy . ### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , political , economic , geographical , environmental , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy .


### directive 2003 / 98 / ec of the european parliament and of the council of 17 november 2003 on the re - use of public sector information established a minimum set of rules governing the re - use and the practical means of facilitating re - use of existing documents held by public sector bodies of the member states , including executive , legislative and judicial bodies . since the adoption of the first set of rules on re - use of public sector information , the amount of data in the world , including public data , has increased exponentially and new types of data are being generated and collected . in parallel , we are witnessing a continuous evolution in technologies for analysis , exploitation and processing of data . this rapid technological evolution makes it possible to create new services and new applications , which are built upon the use , aggregation or combination of data . the rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re - use of public data risk being missed . ### directive 2003 / 98 / ec of the european parliament and of the council of 17 november 2003 on the re - use of public sector information established a minimum set of rules governing the re - use and the practical means of facilitating re - use of existing documents held by public sector bodies of the member states , including executive , legislative and judicial bodies . since the adoption of the first set of rules on re - use of public sector information , the amount of data in the world , including public data , has increased exponentially and new types of data are being generated and collected . in parallel , there is a continuous evolution in technologies for analysis , exploitation and processing of data , such as machine learning , artificial intelligence and internet of things . this rapid technological evolution makes it possible to create new services and new applications , which are built upon the use , aggregation or combination of data . the rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re - use of public data risk being missed .


### allowing re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected . ### allowing re - use of documents held by a public sector body adds value for the re - users , for the end users and for society in general and in many cases for the public body itself , by promoting transparency and accountability and providing feedback from re - users and end users which allows the public sector body concerned to improve the quality of the information collected as well as the pursuit of its public tasks .


### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . ### member states should ensure the creation of data based on the principle of “open by design and by default” , with regard to all documents falling in the scope of this directive , while ensuring a consistent level of protection of public interest objectives , such as public security or personal data protection , including where sensitive information related to critical infrastructures are concerned or where information in an individual dataset may not present a risk of identifying a natural person , but when combined with other available information , could entail such risk . open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in promoting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . interoperability , open standards and open data should therefore be implemented at national , regional and local level of each member state’s administration . at the same time , the commission should facilitate the cooperation among member states and support the design , testing , implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services .


### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . ### member states should ensure the creation of data based on the principle of “open by design and by default” , with regard to all documents falling in the scope of this directive , while ensuring a consistent level of protection of public interest objectives , such as public security or personal data protection , including where sensitive information related to critical infrastructures are concerned or where information in an individual dataset may not present a risk of identifying a natural person , but when combined with other available information , could entail such risk . open data policies ensuring the findability , accessibility , interoperability and re - usability , and encouraging the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in promoting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . interoperability , open standards and open data should therefore be implemented at the level of each member state’s administration . at the same time , the commission should facilitate the cooperation among member states and support the design , testing , implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services .


### open data policies which encourage the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in kick - starting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . ### member states should ensure the creation of data based on the principle of ' open by design and by default ' , with regard to all documents falling in the scope of this directive , while ensuring a consistent level of protection of public interest objectives , such as public security , including where sensitive information related to critical infrastructures are concerned ; and while ensuring the protection of personal data , including where information in an individual data set may not present a risk of identifying or singling out a natural person , but when combined with other available information , could entail such risk . open data policies ensuring the findability , accessibility , interoperability and re - usability , and encouraging the wide availability and re - use of public sector information for private or commercial purposes , with minimal or no legal , technical or financial constraints , and which promote the circulation of information not only for economic operators but also for the public , can play an important role in promoting the development of new services based on novel ways to combine and make use of such information , stimulate economic growth and promote social engagement . interoperability , open standards and open data should therefore be implemented at the level of each member state’s administration . at the same time , the commission should facilitate the cooperation among member states and support the design , testing , implementation and deployment of interoperable electronic interfaces that will enable more efficient and secure public services .


### this directive should apply to documents that are made accessible for re - use when public sector bodies license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market . ### this directive should apply to documents that are made accessible for re - use when public sector bodies commission the production of , or license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market .


### newthis directive should apply to documents that are made accessible for re - use when public sector bodies license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market . ### newthis directive should apply to documents that are made available for re - use when public sector bodies commission the production of , or license , sell , disseminate , exchange or give out information . to avoid cross - subsidies , re - use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks . activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market .


### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online findability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . member states should enable applicants to request documents for re - use without having to state an interest . member states should guarantee that practical arrangements are defined for ensuring that the re - use of public - sector information can be exercised effectively , such as the designation of information officers , the establishment and maintenance of facilities for the examination of documents , registers or lists of documents held by public sector bodies or information points , with clear indications of where such documents can be found . the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations could therefore be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence .


### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies are increasingly making their documents available for access and re - use in a proactive manner , by ensuring online findability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . member states should enable applicants to request documents for access and re - use without having to state an interest . member states should guarantee that practical arrangements are defined for ensuring that the access and re - use of public - sector information can be exercised effectively , such as the designation of information officers , the establishment and maintenance of facilities for the examination of documents , registers or lists of documents held by public sector bodies or information points , with clear indications of where such documents can be found . the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , in real - time and without delay via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence .


### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a web interface , or more complex set - ups . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings shall make this available for re - use immediately after collection by ways of suitable apis . ### in order to get access to the data opened for re - use by this directive , the use of suitable and well - designed application programming interfaces is needed . an api describes the kind of data can be retrieved , how to do this and the format in which the data will be received . it has different levels of complexity and can mean a simple link to a database to retrieve specific datasets , a structured web interface , or more complex set - ups . there are considerable differences among member states in using apis and additional financial support should be foreseen to move towards enhanced use of dynamic data and apis in general . apis are necessary to the development of fully interoperable information exchanges . there is general value in re - using and sharing data via a suitable use of apis as this will help developers and start - ups to create new services and products . it is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused . the set - up and use of api needs to be based on several principles : stability , reliability , availability , efficiency , maintenance over lifecycle , uniformity of use and standards , user - friendliness as well as security . for dynamic data , meaning frequently updated data , often in real time , public sector bodies and public undertakings should make this available for re - use immediately after collection by ways of suitable apis . in particular , the api should adhere to the principle of stability , meaning that it should consistently work on the same technical specifications . the api should adhere to the principle of reliability , so that when changes are made , these are communicated well in advance , unless in duly justified urgent cases where changes must be applied earlier . the api should ensure availability , by operating at a steady level of quality . in order to ensure efficiency , the api’s performance and complexity should not significantly vary between when being accessed by the data provider or data producer , or the data user . in order to improve interoperability of api’s the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the minimum criteria for the interoperability of apis .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### a wide range of practices in terms of charging for the re - use of documents persists not only between member states , but also between public sector bodies within the same member state . charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges or , where charges are necessary , they should in principle be limited to the marginal costs , as referred to in the commission ' s notice 2014 / c 240 / 01 . in exceptional cases , the necessity of not hindering the performance of the public tasks and the normal running of public sector bodies that are required to generate revenue to cover at least 60 % of the costs relating to the documents , falling within the scope of this directive should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction , dissemination and data storage , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover at least 60 % of the costs should be regularly reviewed by the member states .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### charges for the access to and re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for access to and re - use without charges or , where charges are necessary , they should in principle be limited to the marginal costs as referred to in the commission ' s notice 2014 / c 240 / 01 . in exceptional cases , the necessity of not hindering the performance of the public tasks and the normal running of public sector bodies that are required to generate revenue to cover at least 70 % of the costs relating to the costs relating to the collection , production , reproduction and dissemination of documents , falling within the scope of this directive should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction , dissemination together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover at least 70% of the costs should be regularly reviewed by the member states .


### the means of redress should include the possibility of review by an impartial review body . that body could be an already existing national authority , such as the national competition authority , the national access to documents authority or a national judicial authority . that body should be organised in accordance with the constitutional and legal systems of member states and should not prejudge any means of redress otherwise available to applicants for re - use . it should however be distinct from the member state mechanism laying down the criteria for charging above marginal costs . the means of redress should include the possibility of review of negative decisions but also of decisions which , although permitting re - use , could still affect applicants on other grounds , notably by the charging rules applied . the review process should be swift , in accordance with the needs of a rapidly changing market . ### the means of redress should include the possibility of review by an impartial review body . that body could be an already existing national authority , such as the national competition authority , the national access to documents authority or a national judicial authority . that body should be organised in accordance with the constitutional and legal systems of member states and should not prejudge any means of redress otherwise available to applicants for access and re - use . it should however be distinct from the member state mechanism laying down the criteria for charging above marginal costs . the means of redress should include the possibility of review of negative decisions but also of decisionswhich although permitting re - use , could still affect applicants on other grounds , notably by the charging rules applied . the review process should be swift , in accordance with the needs of a rapidly changing market .


### conditions for re - use should be non - discriminatory for comparable categories of re - use . this should , for example , not prevent the exchange of information between public sector bodies free of charge for the exercise of public tasks , whilst other parties are charged for the re - use of the same documents . neither should it prevent the adoption of a differentiated charging policy for commercial and non - commercial re - use . ### conditions for re - use should be non - discriminatory for comparable categories of re - use . member states should guarantee fair competition between public sector bodies and public undertakings on the one hand , and other users on the other , in cases where documents are re - used by those public sector bodies or public undertakings as input for their commercial activities . member states should in particular ensure that re - use of documents of public undertakings does not lead to market distortion and that fair competition is not undermined . this should , for example , not prevent the exchange of information between public sector bodies free of charge for the exercise of public tasks , whilst other parties are charged for the re - use of the same documents . neither should it prevent the adoption of a differentiated charging policy for commercial and non - commercial re - use .


### public sector bodies should respect competition rules when establishing the principles for re - use of documents avoiding as far as possible exclusive agreements between themselves and private partners . however , in order to provide a service of general economic interest , an exclusive right to re - use specific public sector documents may sometimes be necessary . this may be the case if no commercial publisher would publish the information without such an exclusive right . ### public sector bodies should respect competition rules when establishing the principles for re - use of documents avoiding as far as possible exclusive agreements or any preferential use of the data between themselves and private partners . however , in order to provide a service of general economic interest , an exclusive right to re - use specific public sector documents may sometimes be necessary . this may be the case if no commercial publisher would publish the information without such an exclusive right .


### tools that help potential re - users to find documents available for re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . ### tools that help potential re - users to find documents available for re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . measures to facilitate the authentication of public documents also offer important guarantees to users .


### tools that help potential re - users to find documents available for re - use and the conditions for re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements . ### tools that help potential re - users to find documents available for re - use and the conditions for access to and re - use can facilitate considerably the cross - border use of public sector documents . member states should therefore ensure that practical arrangements are in place that help re - users in their search for documents available for re - use . assets lists , accessible preferably online , of main documents , and portal sites that are linked to decentralised assets lists are examples of such practical arrangements .


### the commission should carry out an evaluation of this directive . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201641 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . __________________ 41 oj l123 , 12 . 5 . 2016 , p1 . ### the commission should carry out an evaluation of this directive [ 36 months after its transposition ] . pursuant to the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 41 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . following the evaluation , the commission could , where necessary , present relevant proposals . __________________ 41 oj l123 , 12 . 5 . 2016 , p1 .


### —the protection of national security , defence , or public security , ### —the protection of national security and defence , or public order , including sensitive critical infrastructure protection related information within the meaning of article 2 of directive 2008 / 114 / ec ,


### the right for the maker of a database provided for in article 7 of directive 96 / 9 / ec shall not be exercised by public sector bodies in order to prevent or restrict the re - use of documents pursuant to this directive . ### public sector bodies and public undertakings shall not be able to hold the right for the maker of a database provided for in article7 of directive 96 / 9 / ec .


### “high value datasets” means documents the re - use of which is associated with important socio - economic benefits , notably because of their suitability for the creation of value - added services and applications , and the number of potential beneficiaries of the value - added services and applications based on these datasets ; ### ' high value datasets” means documents the re - use of which is associated with important civic or socio - economic benefits , notably because of their suitability for the creation of value - added services and applications , and the number of potential beneficiaries of the value - added services and applications based on these datasets ;


### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### member states shall ensure that documents to which this directive applies in accordance with article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv .


### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be given access to and re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv .


### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv . ### subject to paragraph 2 member states shall ensure that documents to which this directive applies in accordance with article 1 shall be given access to and be re - usable for commercial or non - commercial purposes in accordance with the conditions set out in chapters iii and iv .


### in the event of a negative decision , the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 or article 3 . where a negative decision is based on point of article 1 , the public sector body shall include a reference to the natural or legal person who is the right - holder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference . ### in the event of a negative decision , the public sector bodies shall communicate within 20 working days the reasons for refusing , in full or in part , access to and / or re - use of a document in the form or format requested , to the applicant on the basis of the relevant provisions of the access regime in that member state or of the national provisions adopted pursuant to this directive , in particular points to of article 1 . where a negative decision is based on point of article1 , the public sector body shall include a reference to the natural or legal person who is the right - holder , where known , or alternatively to the licensor from which the public sector body has obtained the relevant material . libraries , including university libraries , museums and archives shall not be required to include such a reference .