### esf + lays down provisions intended to achieve freedom of movement for workers on a non - discriminatory basis by ensuring the close cooperation of the central employment services of member states with one another and with the commission . the european network of employment services should promote a better functioning of the labour markets by facilitating the cross - border mobility of workers and a greater transparency of information on the labour markets . the esf + scope also includes developing and supporting targeted mobility schemes with a view to filling vacancies where labour market shortcomings have been identified . ### esf + lays down provisions intended to achieve freedom of movement for workers on a non - discriminatory basis . the public employment services of member states , the social partners and the commission should work closely together . the european network of employment services , with the involvement of the social partners and relevant civil - society organisations , should promote a better functioning of the labour markets by facilitating the non - precarious cross - border mobility of workers and a greater transparency , of information on the labour markets with disaggregated data , as well as greater skills recognition . the esf + scope also includes developing and supporting targeted mobility schemes with a view to filling vacancies where labour market shortcomings have been identified . furthermore , the scope of the esf + covers cross - border partnerships between regional public employment services and social partners and their activities to promote voluntary and fair mobility , as well as transparency and integration of cross - border labour markets through information , advice and placement . in many border regions they play an important role in the development of a genuine european labour market .


### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens . ### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits , exposure to indoor and outdoor air pollution and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens .


### non - communicable diseases are responsible for over 80 % of premature mortality in the union and an effective prevention entails multiple cross border dimensions . in parallel , the european parliament and the council underlined the need to minimise the public health consequences of serious cross - border threats to health such as communicable diseases and other biological , chemical , environmental and unknown threats , by supporting preparedness and response capacity building . ### non - communicable diseases are responsible for over 80 % of premature mortality in the union and an effective prevention entails multiple cross - sectoral actions and cross border dimensions . in parallel , the european parliament and the council underlined the need to minimise the public health consequences of serious cross - border threats to health such as communicable diseases and other biological , chemical , environmental and unknown threats , by supporting preparedness and response capacity building .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the preparation and implementation , and reassessed in the context of the mid - term evaluation . ### reflecting the importance of tackling climate change and the just transition in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the preparation and implementation , and reassessed in the context of the mid - term evaluation .


### ' basic material assistance ' means goods which fulfil the basic needs of a person for a life with dignity , such as clothing , hygiene goods and school material ; ### ' basic material assistance ' means goods which fulfil the basic needs of a person for a life with dignity , such as clothing , hygiene goods , including female hygienic and care products , and school material ;


### ' social enterprise ' means an undertaking , regardless of its legal form , or a natural person which ### ' social enterprise ' means an undertaking , regardless of its legal form , or a natural person whose


### the esf + shall support , complement and add value to the policies of the member states to ensure equal opportunities , access to the labour market , fair working conditions , social protection and inclusion , and a high level of human health protection . ### the esf + shall support , complement and add value to the policies of the member states to ensure gender equality , equal opportunities , access to the labour market , fair working conditions , non - discrimination , social protection for all , access to basic services , including affordable energy efficient housing , inclusion , in particular of third - country nationals and marginalised communities , and a high level of human health protection .


### promoting women’s labour market participation , a better work / life balance including access to childcare , a healthy and well–adapted working environment addressing health risks , adaptation of workers , enterprises and entrepreneurs to change , and active and healthy ageing ; ### promoting gender equality in all areas by ensuring women’s economic independence and labour market participation respecting the principle of equal pay for equal work and for work of equal value , and offering at least a living wage , a better work / life balance including equal access to affordable , inclusive and non - segregated quality early childhood education and childcare and other care services or support , a healthy and well–adapted working environment addressing health risks and disease risk factors , adaptation of workers , enterprises and entrepreneurs to change , and active and healthy ageing ;


### fostering active inclusion with a view to promoting equal opportunities and active participation , and improving employability ; ### fostering active inclusion and full participation in society with a view to promoting equal opportunities , non - discrimination , democracy and active participation , and improving labour opportunities and social inclusion ;


### a greener , low carbon europe through the improvement of education and training systems necessary for the adaptation of skills and qualifications , the upskilling of all , including the labour force , the creation of new jobs in sectors related to the environment , climate and energy , and the bioeconomy . ### a greener , low carbon europe through the improvement of education and training systems necessary for the adaptation of skills and qualifications , awareness - raising among the population about sustainable development and lifestyles , the creation of new high - quality jobs in sectors related to the environment , climate and energy , and the circular and bioeconomy .


### equality between men and women and equal opportunities , and non - discrimination ### gender equality and equal opportunities , and non - discrimination


### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation . ### all programmes implemented under the&#160 ; esf + strand under shared management , as well as the operations supported by&#160 ; the employment and social innovation and health strands shall ensure equality&#160 ; of&#160 ; all genders throughout their preparation , implementation , monitoring and&#160 ; evaluation . these operations include increasing the participation and&#160 ; progress of women in employment , combating the feminisation&#160 ; of poverty , gender stereotypes and intersecting discrimination in the labour&#160 ; market and in education and training in the frame of gender mainstreaming&#160 ; obligations . they shall also promote equal opportunities and accessibility&#160 ; for all , without discrimination based on sex , racial or ethnic origin , &#160 ; nationality , residence or employment status , religion or belief , disability , &#160 ; chronic diseases , age , sexual orientation , sex characteristics , gender&#160 ; expression or gender identity throughout their preparation , &#160 ; implementation , monitoring and evaluation . they shall also aim&#160 ; to improve accessibility for persons with disabilities , as set out in article&#160 ; 9 of the un convention on the rights of persons with disabilities , including&#160 ; access to the labour market . &#160 ;


### the member states and the commission shall also support specific targeted actions to promote the principles referred to in paragraph 1 within any of the objectives of the esf + , including the transition from residential / institutional care to family and community - based care . ### the member states and the commission shall also support specific targeted actions and the development of national strategies and action plans to promote the principles referred to in paragraphs 1 to 1 within any of the objectives of the esf + , including improving accessibility for all and the transition from institutional care to family and community - based care .


### member states and , where appropriate the commission , shall foster synergies and ensure coordination , complementarity and coherence between the esf + and other union funds , programmes and instruments such as erasmus , the asylum and migration fund and the reform support programme , including the reform delivery tool and the technical support instrument , both in the planning phase and during implementation . member states and , where appropriate the commission , shall optimise mechanisms for coordination to avoid duplication of effort and ensure close cooperation between those responsible for implementation to deliver coherent and streamlined support actions . ### member states and , where appropriate the commission , shall foster synergies and ensure coordination , complementarity and coherence between the esf + and other union funds , programmes and instruments such as the erdf , investeu , the rights and values instrument , erasmus , the asylum and migration fund and the reform support programme , including the reform delivery tool and the technical support instrument , both in the planning phase and during implementation . member states and , where appropriate the commission , shall optimise mechanisms for coordination to avoid duplication of effort and ensure close cooperation between those managing authorities responsible for implementation to deliver integrated approaches , coherent and streamlined support actions .


### partnership ### partnership and multi - level governance


### each member state shall ensure adequate participation of social partners and civil society organisations in the delivery of employment , education and social inclusion policies supported by the esf + strand under shared management . ### each member state shall ensure , &#160 ; in accordance with article 6 of the common provisions regulation xx / xx and&#160 ; commission delegated regulation no 240 / 2014 , meaningful&#160 ; participation of local and regional authorities , social partners and civil&#160 ; society organisations and service users in the strategic&#160 ; governance of the esf + in all phases of programming , from shaping the&#160 ; priorities of the operational programmes to the delivery , &#160 ; monitoring and evaluation of all policies supported by the esf + &#160 ; strand under shared management .


### the commission is empowered to adopt delegated acts in accordance with article 38 to amend the indicators in annex i where considered necessary to ensure effective assessment of progress in the implementation of programmes . ### the commission is empowered to adopt delegated acts in accordance with article 38 to amend the indicators in annex i where considered necessary to ensure effective assessment of progress in the implementation of programmes which shall include a gender impact assessment to monitor the implementation of the esf + programmes with regard to gender equality .


### to provide specific support services to employers and job - seekers with a view to the development of integrated european labour markets , ranging from pre - recruitment preparation to post - placement assistance to fill vacancies in certain sectors , professions , countries , border regions or for particular groups ; ### to develop and provide specific support services to workers , employers and job - seekers with a view to the development of integrated european labour markets , ranging from pre - recruitment preparation to post - placement assistance to fill vacancies in certain sectors , professions , countries , border regions or for particular groups ;


### to support networking at union level and dialogue with and among relevant stakeholders in the fields referred to in article 4 and contribute to build up the institutional capacity of these stakeholders , including the public employment services , social security institutions , microfinance institutions and institutions providing finance to social enterprises and social economy ; ### to support networking at union level and dialogue with and among relevant stakeholders in the fields referred to in article 4 and contribute to build up the institutional capacity of these stakeholders , including the public employment services , social security institutions , microfinance institutions and institutions providing finance to social enterprises and social economy and non - governmental organisations ;


### the opinions of the esf + committee shall be adopted by an absolute majority of the votes validly cast , and shall be communicated to the european parliament , the council , the european economic and social committee and the committee of the regions , for information . the commission shall inform the esf + committee of the manner in which it has taken account of its opinions . ### the opinions of the esf + committee shall be adopted by an absolute majority of the votes validly cast , and shall be communicated to the european parliament , the council , the european economic and social committee and the committee of the regions , for information . the commission shall inform the esf + committee in writing of the manner in which it has taken account of its opinions .


### all personal data are to be broken down by gender . if certain results are not possible , data for those results do not have to be collected and reported . ### all personal data are to be broken down by gender . if certain results are not possible to register or relevant , data for those results do not have to be collected and reported . personal data are to be surveyed anonymously .


### eur 15 000 000 000 for cluster ' climate , energy and mobility ' ; ### eur 25 130 000 000 for cluster ' climate , energy , mobility ' ;


### while the commission is empowered to decide in such cases , due to the particular sensitivity of the issues at stake , member states should also fully assume their responsibility in the decision - making process . this , however , is not the case when member states are not able to reach a qualified majority , due to , amongst others , a significant number of abstentions or non - appearances at the moment of the vote . ### while the commission is currently empowered to decide in such cases , due to the particular sensitivity of the issues at stake , member states should assume greater responsibility in the decision - making process . where the act concerns the protection of the health or safety of humans , animals or plants , greater weight should be given to the precautionary principle . when , in such cases member states are not able to reach a qualified majority in favour of proposals to grant authorisation for a product or substance , that authorisation should be deemed to have been refused .


### transparency on the votes of member state representatives at the appeal committee level should be increased and the individual member state representatives ' votes should be made public . ### transparency should be increased throughout the entire legislative process . in particular , the votes of individual member state representatives should be made public . where the basic act concerns the protection of the health or safety of humans , animals or plants and the draft implementing act for which the basic act provides involves proposing to grant authorisation for a product or a substance , substantive reasons for those votes should be given by each member state representative . more detailed information should also be given on the composition of committees .


### the summary records , together with the lists of the authorities and organisations to which the persons designated by the member states to represent them belong ; ### in paragraph 1 , point is replaced by the following : ' the summary records , together with the lists of the persons present and the authorities and organisations to which those persons belong ; '


### the voting results including , in the case of the appeal committee , the votes expressed by the representative of each member state ; ### the voting results , broken down by representative of each member state , as well as a record of the substantive reasons to be given by each member state representative for their vote where the basic act concerns the protection of the health or safety of humans , animals or plants and the draft implementing act for which the basic act provides involves proposing to grant authorisation for a product or a substance ;


### in order to take full advantage of the competitive environment , professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . in order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services , the detailed information and operational requirements for data porting should be defined by market players through self - regulation , encouraged and facilitated by the commission , in the form of union codes of conduct which may entail model contract terms . nonetheless , if such codes of conduct are not put in place and effectively implemented within a reasonable period of time , the commission should review the situation . ### in order to take full advantage of the competitive environment , users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . in order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and users of data storage or other processing services , the detailed information and operational requirements for data porting should be defined by market players through self - regulation , encouraged and facilitated by the commission , in the form of union codes of conduct which may entail model contract terms . these codes of conduct should stipulate that vendor lock - in is not an acceptable business practice , should make use of open standards and open specifications and provide for trust increasing technologies like encryption . nonetheless , if such codes of conduct are not put in place and effectively implemented within the set period of time , or if there are causes for concern the commission should review the situation .


### enhancing trust in the security of cross - border data storage or other processing should reduce the propensity of market players and the public sector to use data localisation as a proxy for data security . it should also improve the legal certainty for companies on applicable security requirements when outsourcing their data storage or other processing activities , including to service providers in other member states . ### enhancing trust in the security of cross - border data storage or other processing should reduce the propensity of market players and the public sector to use data localisation as a proxy for data security . it should also improve the legal certainty for companies on applicable security requirements when outsourcing their data storage or other processing activities , including to service providers in other member states . for that purpose member states should avoid intrusive legislation that would put into question the security , integrity or authenticity of the data , and the service providers should deploy state of the art available technologies to implement security - by - design and privacy - by - design policies and practices . ease of switching providers and data portability are also trust increasing factors and should be ensured .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , and should be interpreted and applied in accordance with those rights and principles , including the rights to the protection of personal data , the freedom to conduct a business , and the freedom of expression and information . ### this regulation should be without prejudice to other applicable regulations on treatment of data , respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , and should be interpreted and applied in accordance with those rights and principles , including the rights to the protection of personal data , the freedom to conduct a business , and the freedom of expression and information .


### ' user ' means a natural or legal person using or requesting a data storage or other processing service ; ### ' user ' means a natural or legal person , including a public sector entity , using or requesting a data storage or other processing service ;


### the processes , technical requirements , timeframes and charges that apply in case a professional user wants to switch to another provider or port data back to its own it systems , including the processes and location of any data back - up , the available data formats and supports , the required it configuration and minimum network bandwidth ; the time required prior to initiating the porting process and the time during which the data will remain available for porting ; and the guarantees for accessing data in the case of the bankruptcy of the provider ; and ### the processes , technical requirements , timeframes and charges that apply in case a user wants to switch to another provider or port data back to its own it systems , including the processes and location of any data back - up , the available data formats and supports , the required it configuration and minimum network bandwidth ; the time required prior to initiating the porting process and the time during which the data will remain available for porting ; and the guarantees for accessing data in the case of the bankruptcy of the provider ; and


### the union is committed to developing a secure , competitive and decarbonised energy system by 205012 . to meet this goal , member states and investors need milestones to ensure that buildings are decarbonised by 2050 . in order to ensure this decarbonised building stock by 2050 , member states should identify the intermediary steps to achieving the mid - term and long - term objectives . _________________ 12 communication on an energy roadmap 2050 , 885 final ) . ### not at least in the light of the paris agreement , the union is committed to developing a secure , competitive and decarbonised energy system by 205012 . to meet this goal , member states and investors need a stable framework established through a clear long - term vision to achieve a nearly zero energy buildings stock by 2050 , with binding milestones to achieve the short - term , mid - term and long - term objectives . _________________ 12 communication on an energy roadmap 2050 , 885 final ) .


### innovation and new technology also make it possible for buildings to support the overall decarbonisation of the economy . for example , buildings can leverage the development of the infrastructure necessary for the smart charging of electric vehicles also provide a basis for member states , if they choose to , to use car batteries as a source of power . to reflect this aim , the definition of technical building systems should be extended . ### a holistic approach , deep renovation , innovation and new technologies also make it possible for whole neighbourhoods to become nearly zero energy districts , in which highly energy efficient buildings are integral part of and deliver functions to a local energy system , a sustainable mobility plan as well as to their environment in general . to reflect this aim , a holistic approach in spatial planning , a focus on deep renovations , openness to future innovations and the extension of the definition and role of energy saving technical building systems is imperative .


### access to financing is easier when good - quality information is available . public buildings with a total useful floor area over 250 m² should therefore be required to disclose their actual energy consumption . ### access to financing is easier with an ambitious and stable long - term framework in place and when good - quality information is available . this information also includes epcs , information from maintenance and inspections and energy performance databases . public buildings , including those owned , managed and occupied by public authorities , should live up to their role and lead by example by becoming nearly zero energy buildings in accordance with the provisions of directive 2012 / 27 / eu and disclose their actual energy consumption


### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , with specific milestones for 2030 . ### in their long - term renovation strategy referred to in paragraph 1 , that are to be updated every 5 years , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , with specific milestones for 2030 and 2040 , taking into account that their cumulated national contributions to the union 2030 final energy demand to be no more than 169mtoe in the residential and 108mtoe in the non - residential building sector .


### in paragraph 1 , the second subparagraph is deleted ; ### in paragraph 1 , the second subparagraph is replaced by the following : ' streamlined with the requirement to achieve nzeb standard , member states shall ensure - in compliance with article 15 , &#167 ; 8 of the res directive 5a and article 14 of the energy efficiency directive - that , before construction starts , the technical , environmental and economic feasibility of high - efficiency alternative systems such as decentralized energy supply systems based on renewable sources , cogeneration , district or block heating based on renewable sources as well as highly efficient heat pumps as defined in annex vii of directive 2009 / 28 / ec , is considered . ' _________________ 5a directive com 767 final / 2 on the promotion of the use of energy from renewable sources


### paragraph 2 is replaced by the following : ### after paragraph 2 , the following subparagraphs are added :


### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations . this regulation shall promote gender equality and women’s empowerment . ### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , women’s rights and gender equality , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations .


### the human rights and democracy and civil society thematic programmes referred to in article 4 and shall provide assistance independently of the consent of governments and other public authorities of the third countries concerned . these thematic programmes shall mainly support civil society organisations . ### the human rights and democracy , the gender equality and women and girls’ empowerment and civil society thematic programmes referred to in article 4 , and shall provide assistance independently of the consent of governments and other public authorities of the third countries concerned . these thematic programmes shall mainly support civil society organisations , including those defending women’s rights .


### multiannual indicative programmes for thematic programmes shall set out the union ' s strategy , the priorities selected for financing by the union , the specific objectives , the expected results , clear and specific performance indicators , and the international situation and the activities of the main partners for the theme concerned . ### multiannual indicative programmes for thematic programmes shall set out the union ' s strategy , the priorities selected for financing by the union , the specific objectives , the expected results , a gender impact assessment , clear and specific performance indicators , and the international situation and the activities of the main partners for the theme concerned .


### any decision to provide budget support shall be based on budget support policies agreed by the union , a clear set of eligibility criteria and a careful assessment of the risks and benefits . ### any decision to provide budget support shall be based on budget support policies agreed by the union , gender budgeting , a clear set of eligibility criteria and a careful assessment of the risks and benefits .


### under the democracy and human rights programme , any entity not covered under the definition of legal entity in article 2 shall be eligible when this is necessary to pursue the areas of intervention of this programme . ### under the democracy and human rights and the gender equality and women and girls’ empowerment programmes , any entity not covered under the definition of legal entity in article 2 shall be eligible when this is necessary to pursue the areas of intervention of this programme .


### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , women ' s economic empowerment , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of forced migration for economic reasons , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### a mention of the objectives and purpose of this regulation , a needs assessment and an indication of the expected results , taking into account the promotion of corporate social responsibility and responsible business conduct ; ### a mention of the objectives and purpose of this regulation , a needs assessment , a gender impact assessment and an indication of the expected results , taking into account the promotion of corporate social responsibility and responsible business conduct ;


### monitoring , reporting and evaluation obligations ; ### monitoring , including indicators disaggregated by gender , reporting and evaluation obligations ;


### the annual report shall contain information relating to the previous year on the measures financed , the results of monitoring and evaluation exercises , the involvement of the relevant partners , and the implementation of budgetary commitments and of payment appropriations broken down by country , region and cooperation sector . it shall assess the results of the union funding using , as far as possible , specific and measurable indicators of its role in meeting the objectives of this regulation . in the case of development cooperation , the report shall also assess , where possible and relevant , the adherence to development effectiveness principles , including for innovative financial instruments . ### the annual report shall contain information relating to the previous year on the measures financed , the results of gender responsive monitoring and evaluation exercises , including a chapter on gender equality , the involvement of the relevant partners , and the implementation of budgetary commitments and of payment appropriations broken down by country , region and cooperation sector and specifying the budgetary commitments and payment appropriations allocated to gender equality actions . it shall assess the results of the union funding using , as far as possible , specific and measurable indicators of its role in meeting the objectives of this regulation . in the case of development cooperation , the report shall also assess , where possible and relevant , the adherence to development effectiveness principles , including for innovative financial instruments .


### the annual report prepared in 2021 shall contain consolidated information from annual reports concerning the period from 2014 to 2020 on all funding from the regulations referred to in article 40 , including external assigned revenues and contributions to trust funds , and offering a breakdown of spending by country , use of financial instruments , commitments and payments . the report shall reflect the main lessons learnt and the follow - up to the recommendations of the external evaluative exercises carried out in previous years . ### the annual report prepared in 2021 shall contain consolidated information from annual reports concerning the period from 2014 to 2020 on all funding from the regulations referred to in article 40 , including external assigned revenues and contributions to trust funds , and offering a breakdown of spending by country , use of financial instruments , commitments and payments . the report shall reflect the main lessons learnt , including on the impact of the measures on gender equality , and the follow - up to the recommendations of the external evaluative exercises carried out in previous years .


### the obligation for member states to notify draft measures laying down authorisation schemes or requirements referred to in article 4 of this directive at least three months before their adoption is designed to ensure that measures to be adopted comply with directive 2006 / 123 / ec . in order for the notification procedure to be effective , a consultation on notified measures should take place sufficiently in advance of their adoption . this is appropriate to foster good cooperation and transparency between the commission and member states and to further develop exchanges between the commission and national authorities on new or amended authorisation schemes and certain requirements covered by directive 2006 / 123 / ec , in accordance with article 4 of the treaty on european union . with a view to ensuring the effectiveness of the procedure , breach of the obligation to notify or to refrain from adopting a notified measure , including during the period following the receipt of an alert , should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals . ### the obligation for member states to notify draft measures laying down authorisation schemes or requirements referred to in article 4 of this directive is designed to ensure that measures to be adopted comply with directive 2006 / 123 / ec . in order for the notification procedure to be effective , a consultation on notified measures should take place in advance of their adoption . this is appropriate to foster good cooperation and transparency between the commission and member states and to further develop exchanges between the commission and national authorities on new or amended authorisation schemes and certain requirements covered by directive 2006 / 123 / ec , in accordance with article 4 of the treaty on european union . with a view to ensuring the effectiveness of the procedure , breach of the obligation to notify should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals .


### the notifying member state shall respond to comments submitted by the commission or other member states within one month after their reception and prior to the adoption of the notified measure , either explaining how those comments will be taken into account in the notified measure or indicating the reasons why those comments cannot be taken into account . ### the notifying member state shall respond to comments submitted by the commission or other member states within one month after their reception , either explaining how those comments will be taken into account in the notified measure or indicating the reasons why those comments cannot be taken into account .


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


### before proposing the adoption of any measure pursuant to this regulation , the commission should inform the member state concerned why it considers that a generalised deficiency regarding the rule of law might exist in that member state . the member state should be allowed to submit its observations . the commission and the council should take those observations into account . ### before proposing the adoption of any measure pursuant to this regulation , the commission should inform the member state concerned why it considers that a generalised deficiency regarding the unions values might exist in that member state . the member state should be allowed to submit its observations . the commission should take those observations into account .


### ' the rule of law ' refers to the union value enshrined in article 2 of the treaty on european union which includes the principles of legality , implying a transparent , accountable , democratic and pluralistic process for enacting laws ; legal certainty ; prohibition of arbitrariness of the executive powers ; effective judicial protection by independent courts , including of fundamental rights ; separation of powers and equality before the law ; ### ' the union values ' refers to the union values enshrined in article 2 of the treaty on european union which include respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities ;


### unless the decision adopting the measures provides otherwise , the imposition of appropriate measures shall not affect the obligation of government entities referred to in point of paragraph 1 or of member states referred to in point of paragraph 1 to implement the programme or fund affected by the measure , and in particular the obligation to make payments to final recipients or beneficiaries . ### the imposition of appropriate measures shall not affect the obligation of government entities referred to in paragraph - 1a and 1 or of member states referred to in paragraph - 1a or 1 to implement the programme or fund affected by the measure , and in particular the obligation to make payments to final recipients or beneficiaries .


### the measures taken shall be proportionate to the nature , gravity and scope of the generalised deficiency as regards the rule of law . they shall , insofar as possible , target the union actions affected or potentially affected by that deficiency . ### the measures taken shall be proportionate to the nature , gravity and scope of the generalised deficiency as regards the union values . they shall , insofar as possible , target the union actions affected or potentially affected by that deficiency .


### where the commission considers that the generalised deficiency as regards the rule of law is established , it shall submit a proposal for an implementing act on the appropriate measures to the council . ### where the commission considers that the generalised deficiency as regards the union values is established , it shall adopt a decision on the appropriate measures by means of an implementing act .


### the member state concerned may , at any time , submit to the commission evidence to show that the generalised deficiency as regards the rule of law has been remedied or has ceased to exist . ### the member state concerned may , at any time , submit to the commission evidence to show that the generalised deficiency as regards the union values has been remedied or has ceased to exist .


### the commission shall assess the situation in the member state concerned . once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part , the commission shall submit to the council a proposal for a decision lifting those measures in full or in part . the procedure set out in paragraphs 2 , 4 , 5 , 6 and 7 of article 5 shall apply . ### the commission shall assess the situation in the member state concerned , assisted by the democracy , rule of law and fundamental rights expert panel . once the generalised deficiencies as regards the union values which on the grounds of which the appropriate measures were adopted cease to exist in full or in part , the commission shall adopt a decision lifting those measures in full or in part . at the same time as it adopts its decision , the commission shall simultaneously submit to the european parliament and to the council a proposal to transfer the amount equivalent to the value of the measures . the procedure set out in article 5shall apply .


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


### technical measures where relevant should apply to recreational fisheries which can have a significant impact on the stocks of fish and shellfish species . ### technical measures where relevant should apply to recreational fisheries which can have a significant impact on the marine environment , stocks of fish and other species .


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


### ensure that bycatches of marine species listed under directives 92 / 43 / eec and 2009 / 147 / ec and other sensitive species that result from fishing are minimised and where possible eliminated such that they do not represent a threat to the conservation status of these species ; ### ensure that bycatches of marine species listed under directives 92 / 43 / eec and 2009 / 147 / ec and other sensitive species that result from fishing are minimised and where possible eliminated ;


### ensure that the environmental impacts of fishing activities on seabed habitats do not exceed the levels needed to achieve good environmental status for each habitat type assessed in the framework of directive 2008 / 56 / ec in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved . ### ensure that the environmental impacts of fishing activities on marine habitats , including sensitive seabed habitats , are minimised and maintained below the levels needed to achieve good environmental status , in particular for each habitat type assessed in the framework of directive 2008 / 56 / ec in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved with the aim of ensuring that the criteria provided for descriptor 6 , laid down in part b of the annex to the commission decision 2010 / 477 / eu , are fulfilled .


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


### ' advisory councils ' means stakeholder groups established under the cfp to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the cfp ; ### ' advisory councils ' means stakeholder groups established according to articles 43 to 45 and annex iii of regulation no 1380 / 2013 to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the cfp ;


### on the basis of the best available scientific advice a member state may put in place for vessels flying its flag , mitigation measures or restrictions on the use of certain gears pursuant to the procedure laid down in article 19 of regulation no 1380 / 2013 . such measures shall minimise and where possible eliminate the catches of the species referred to in paragraph 1 and shall be compatible with the objectives set out in article 2 of regulation 1380 / 2013 and be at least as stringent as technical measures applicable under union law . ### on the basis of the best available scientific advice a member state may put in place for vessels flying its flag , mitigation measures or restrictions on the use of certain gears pursuant to the procedure laid down in article 19 of regulation no 1380 / 2013 . such measures shall minimise and where possible eliminate the catches of the species referred to in paragraph 1 or other species caught incidentally and shall be compatible with the objectives set out in article 2 of regulation 1380 / 2013 and be at least as stringent as technical measures applicable under union law .


### in accordance with the procedure set out in article 18 of regulation no 1380 / 2013 member states may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1 . ### in accordance with the procedure set out in article 18 of regulation no 1380 / 2013 member states may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1 . in doing so member states should aim at involving to the greatest extent all relevant stakeholders .


### the commission shall be empowered to establish technical measures at regional level with the aim of achieving objectives of multiannual plans referred to in articles 9 and 10 of regulation no 1380 / 2013 . such measures shall be established by means of delegated acts adopted in accordance with article 32 of this regulation and article 18 of regulation no 1380 / 2013 . ### the commission shall be empowered to establish technical measures at regional level with the aim of achieving objectives of multiannual plans referred to in articles 9 and 10 of regulation no 1380 / 2013 . such measures shall be established by means of delegated acts adopted in accordance with article 32 of this regulation and article 18 of regulation no 1380 / 2013 . &#160 ; notwithstanding article 18 and of regulation no 1380 / 2013 , the commission may adopt such delegated acts also in the absence of a joint recommendation referred to in those paragraphs .


### when member states submit joint recommendations in accordance with article 19 to allow for the use or extend the use of innovative fishing gears including the pulse trawl as described in part e of annex v within a specific sea basin , they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats . ### when member states submit joint recommendations in accordance with article 19 to allow for the use or extend the use of innovative fishing gears including the pulse trawl as described in part e of annex v within a specific sea basin , they shall provide an assessment of the likely impacts of using such gears on the targeted species , on other species in the ecosystem and on habitats . such an assessment shall be based on use of the innovative gear during a trial period which shall be limited to no more than 5% of the vessels currently in that m&#233 ; tier for a period of at least two years .


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


### greater consumer protection is guaranteed by the availability of effective means of dispute settlement for all consumers . member states should introduce speedy and effective complaint handling procedures . ### greater consumer protection is guaranteed by the availability of effective means of independent dispute settlement mechanisms for all consumers , such as energy ombudsman or a consumer body . member states should introduce speedy and effective complaint handling procedures .


### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy offers an inclusive option for all consumers to have a direct stake in producing , consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network . community energy initiatives focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it , without losing access to the network operated by the community energy initiative or their rights as consumers . access to a local energy community ' s network should be granted on fair and cost - reflective terms . ### distributed energy technologies and consumer empowerment have made community energy , including energy cooperatives , an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services , local private and public investment , social benefits , empowerment and local participation . community energy initiatives focus primarily on providing affordable energy of specific kind , such as renewable energy , for their members or shareholders , or to alleviate problems concerning a decreasing standard of living or to strengthen community interaction , rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community participation in these activities can contribute greatly to the achievement of the eu’s 2030 climate and energy targets and objectives . energy communities supply affordable renewable energy for their members or shareholders locally , regionally and nationally , depending on national market context . community energy can also advance energy efficiency , including end use energy savings , at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . household consumers should be allowed to voluntarily participate in a community energy initiative while maintaining all their rights as a consumer , including their right to choice and to a good quality of supply . individuals should be able to leave a local energy community , without losing access to the network operated by the community energy initiative or their rights as consumers .


### . a key aspect of supplying customers is access to objective and transparent consumption data . thus , consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on those data . consumers should also have the right to be properly informed about their energy consumption . prepayments should not place a disproportionate disadvantage at their users , while different payment systems should be non - discriminatory . information on energy costs provided to consumers frequently enough will create incentives for energy savings because it will give customers direct feedback on the effects of investment in energy efficiency and change of behaviour . in this respect , full implementation of directive 2012 / 27 / eu of the european parliament and of the council33 will help consumers to reduce their energy costs . __________________ 33 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec . ### a key aspect of supplying final customers is access to objective , timely and transparent consumption data . thus , consumers should have access to their consumption data and associated prices and services costs so that they can invite competitors to make an offer based on those data . consumers should also have the right to be properly informed about their energy consumption . prepayments should not place a disproportionate disadvantage at their users , while different payment systems should be non - discriminatory . information on energy costs provided to final consumers frequently enough will create incentives for energy savings because it will give final customers direct feedback on the effects of investment in energy efficiency and change of behaviour . in this respect , full implementation of directive 2012 / 27 / eu of the european parliament and of the council33 will help consumers to reduce their energy costs . __________________ 33 directive 2012 / 27 / eu of the european parliament and of the council of 25 october 2012 on energy efficiency , amending directives 2009 / 125 / ec and 2010 / 30 / eu and repealing directives 2004 / 8 / ec and 2006 / 32 / ec .


### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated competitive , consumer - centered and flexible electricity markets in the union . using the advantages of an integrated market , the directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators . . ### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated competitive , renewables ready , consumer - centered and flexible electricity markets in the union . using the advantages of an integrated market , the directive aims at ensuring affordable , transparent energy costs for consumers , a high degree of security of supply and a smooth transition towards a highly energy efficient and fully renewables - based energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators . consumer interests shall be at the heart of this directive and quality of service shall be a central responsibility of electricity undertakings . existing rights of consumers need to be strengthened and guaranteed , and shall include greater transparency . consumer protection shall ensure that all consumers in the wider remit of the community benefit from a competitive market . consumer rights shall be enforced by member states or , where a member state has so provided , the regulatory authorities .


### member states shall ensure that their national legislation does not unduly hamper cross - border flows of electricity , consumer participation including through demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that electricity prices reflect actual demand and supply . ### member states shall ensure that their national legislation promotes a renewables ready market , does not unduly hamper cross - border flows of electricity , consumer participation including through demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that electricity prices reflect actual demand and supply and the full life cycle cost of the different generators .


### member states shall ensure that specific authorisation procedures exist for small decentralised and / or distributed generation , which take into account their limited size and potential impact . ### member states shall ensure that specific , simplified or streamlined authorisation procedures exist for small decentralised and / or distributed generation , which take into account their limited size and potential impact .


### - the duration of the contract , the conditions for renewal and termination of services and of the contract , ### - the duration of the contract , the conditions for renewal and termination of services , including additional products and / or services and of the contract ,


### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ; ### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . suppliers shall notify their customers well in advance directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than 30 days before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ; national regulatory authorities shall monitor changes of terms and conditions of the contract made by the supplier and shall analyse the means by which the final customer is informed about a price increase and , where relevant , improve the communication via standardised forms and further conditions ;


### by way of derogation from paragraph 2 , member states may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity . such fees may only be charged if customers receive a demonstrable advantage from these contracts . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract . ### member states may permit suppliers to charge reasonable contract termination fees to customers willingly terminating fixed term supply contracts before their maturity , unless termination is prompted by a clear failure to provide services . such fees may be charged only if customers receive a demonstrable advantage at the time of signature of the contract . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract , as verified by the national regulatory authority .


### member states shall ensure that , where a final customer wishes to conclude a contract with an aggregator , such engagement shall not require the consent of the final customer ' s supplier . ### member states shall ensure that final customers are not prohibited by their supplier to conclude a contract with an aggregator . where a final customer wishes to conclude a contract with an independent aggregator and to sell flexibility to the market through an aggregator , such engagement shall not require the consent of the final customer ' s supplier . suppliers shall not be allowed to modify its contract with the customer when the customer decides to sign a contract with an independent aggregator to value his / her flexibility . final customers that have entered a contract with an aggregator shall have access to the same offers and tariffs from suppliers as consumers without those services .


### member states shall ensure that a final customer wishing to terminate the contract with an aggregator , while respecting contractual conditions , is entitled to such termination within three weeks . ### member states shall ensure that a final customer wishing to terminate an ongoing contract with an aggregator is entitled to such termination , counting from the conclusion of prior flexibility assessments and approval procedures , while respecting committed flexibility and contractual conditions , which differ in nature from the supplier - customer relationship .


### member states may require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the services offered by the suppliers . ### member states shall require the comparison tools referred to in paragraph 1 to include comparative determinants relating to the nature of the type of energy provided and the services offered by the suppliers as set out in annex i .


### are entitled to generate , store , consume and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective ; ### generate , store and consume electricity without using the public grid and sell self - generated electricity in all organised markets , including but not limited to wholesale energy markets , ancillary services markets , capacity mechanisms and retail energy markets , either individually or collectively through aggregators or power purchase agreements , or participate in demand response or energy efficiency schemes without being subject to discriminatory or disproportionate burdensome procedures , obligations and charges .


### provisions of chapter iv apply to local energy communities that perform activities of a distribution system operator ; ### where a local energy community performs activities of a distribution system operator , including of a physical community network , provisions of chapter iv apply .


### where relevant system users that are not shareholders or members of the local energy community connected to the distribution network operated by a local energy community shall be subject to fair and cost - reflective network charges . if such system users and local energy communities cannot reach an agreement on network charges , both parties may request the regulatory authority to determine the level of network charges in a relevant decision ; ### where relevant system users that are not shareholders or members of the local energy community responsible for the community network connected to the distribution network shall be subject to fair , non - discriminatory and cost - reflective network charges . if such system users and local energy communities cannot reach an agreement on network charges , both parties may request the regulatory authority to determine the level of network charges in a relevant decision ;


### member states shall ensure that transmission system operators and distribution system operators when procuring ancillary services , treat demand response providers , including independent aggregators , in a non - discriminatory manner , on the basis of their technical capabilities . ### member states shall ensure that transmission system operators and distribution system operators when procuring ancillary services , treat demand response providers , including independent aggregators , in a non - discriminatory manner alongside generators , on the basis of their technical capabilities .


### transparent rules clearly assigning roles and responsibilities to all market participants ; ### non - discriminatory , transparent rules clearly assigning roles and responsibilities to all market participants , including on operational security ;


### transparent rules and procedures for data exchange between market participants that ensure easy access to data on equal and non - discriminatory terms while fully protecting commercial data ; ### transparent and proportionate rules and procedures for data exchange between market participants that ensure easy access to data on equal and non - discriminatory terms while fully protecting commercial and customers´ personal data , including minimum information requirements for the aggregator , as well as minimum criteria for the protection of commercially sensitive data for all concerned parties ;


### member states that proceed with deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in article 20 and annex iii . member states shall ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms . to this respect , member states shall have due regard to the use of relevant available standards including those enabling interoperability , best practices and the importance of the development of the internal market in electricity . ### member states that proceed with deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in article 20 and annex iii . member states shall ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms as well as platforms for the use of smart home or connected products and devices . to this respect , member states shall have due regard to the use of relevant available standards including those enabling interoperability , best practices and the importance of the development of the internal market in electricity .


### appropriate advice and information shall be given to final customers at the time of installation of smart meters , in particular about their full potential with regard to meter reading management and the monitoring of energy consumption , and on the collection and processing of personal data in accordance with the applicable union data protection legislation ; ### appropriate advice and information shall be given to final customers before the installation of smart meters , in particular about their full potential with regard to meter reading management and the monitoring of energy consumption , and on the collection and processing of personal data in accordance with the applicable union data protection legislation ;


### when setting up the rules regarding the management and exchange of data , member states or , where a member state has so provided , the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with regulation 2016 / 679 of the european parliament and of the council44 . for the purpose of this directive , data shall include metering and consumption data as well as data required for consumer switching . eligible parties shall include at least customers , suppliers , transmission and distribution system operators , aggregators , energy service companies , and other parties which provide energy or other services to customers . __________________ 44 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 . ### when setting up the rules regarding the management and exchange of data , member states or , where a member state has so provided , the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with regulation 2016 / 679 of the european parliament and of the council44 . for the purpose of this directive , data shall include metering and consumption data as well as data required for consumer switching , energy management services and demand response activities . it shall include historical interval data , real - time data , settlement data , and standing data . eligible parties shall include at least customers , suppliers , transmission and distribution system operators , aggregators , energy service companies , and other parties which provide energy or other services to customers . final customers shall be able to easily verify who has access to their data . controllers of the customer ' s data shall at request provide the customer with an overview of who has access to and who uses the data . __________________ 44 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 .


### member states shall organise the management of data in order to ensure efficient data access and exchange . independently of the data management model applied in each member state , the party or parties responsible for data management shall provide to any eligible party with the explicit consent of the final customer , access to the data of the final customer . eligible parties should have at their disposal in a non - discriminatory manner and simultaneously the requested data . access to data shall be easy , while relevant procedures shall be made publicly available . ### member states shall organise the secure management of data in order to ensure efficient data access and exchange , employing encryption and the best available cyber security measures . independently of the data management model applied in each member state , the party or parties responsible for data management shall provide to any eligible party with the explicit consent of the final customer , access to the data of the final customer . eligible parties should have at their disposal in a non - discriminatory manner and simultaneously the requested data . access to data shall be easy , while relevant procedures shall be made publicly available .


### member states shall ensure that customers have access to simple , fair , transparent , independent , effective and efficient out - of - court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this directive . where the costumer is a consumer within the meaning of directive 2013 / 11 / eu of the european parliamend and of the council46 , such out - of - court mechanisms shall comply with the quality requirements established in directive 2013 / 11 / eu and provide , where warranted , for a system of reimbursement and / or compensation . _________________ 46 oj l 165 , 18 . 6 . 2013 , p . 63–79 ### member states shall ensure that customers have access to simple , fair , transparent , independent , effective and efficient out - of - court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this directive through an independent mechanism such as an energy ombudsman or a consumer body is in place to ensure efficient treatment of complaints and out of court dispute settlements . those mechanisms shall be able to address all consumer complaints in the energy market , including on bundled offers , new products and services providers such as aggregators and local energy communities . where the customer is an active consumer or a consumer within the meaning of directive 2013 / 11 / eu of the european parliament and of the council46 , such out - of - court mechanisms shall comply with the quality requirements established in directive 2013 / 11 / eu and provide , where warranted , for a system of reimbursement and / or compensation as defined by the regulator and the ombudsman or consumer body . _________________ 46 oj l 165 , 18 . 6 . 2013 , p . 63–79


### . member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers . in this context , each member state shall define the concept of vulnerable customers which may refer to energy poverty and , inter alia , to the prohibition of disconnection of electricity to such customers in critical times . member states shall ensure that rights and obligations linked to vulnerable customers are applied . in particular , they shall take measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms . ### member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable household customers . in this context , the concept of vulnerable customers which may refer to energy poverty shall herewith be defined as : ' the inability of a household to maintain an adequate energy supply so as to guarantee basic levels of comfort and health , owing to a combination of low income , high energy prices and low quality housing stock . ' member states shall ensure that rights and obligations linked to vulnerable customers are applied , in particular the prohibition of disconnection of electricity to such customers in critical times , as during cold spells or heat waves , and to receive supply from a supplier of last resort in accordance with article 27 . further , member states shall take measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms . disconnection shall be prohibited until the dispute between the supplier and the customer is settled .


### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid . ### member states shall provide the necessary regulatory framework to facilitate and promote the connection of publicly accessible and private recharging points to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid . with the objective to reach a critical mass of recharging points in the public domain , ensure territorial cohesion and allow to quick - start a sufficient availability of recharging points , member states may mandate dsos to own , develop , manage and operate recharging points . the electricity sold in these recharging points shall be procured in an open , transparent and competitive manner and shall be from new additional renewables generation capacity . all costs incurred by dsos in performing this task should be recovered through network tariffs under supervision of the national regulatory authority


### member states shall ensure that all eligible parties have non - discriminatory access to data under clear and equal terms . in member states where smart metering systems have been implemented according to article 19 and distribution system operators are involved in data management , compliance programmes as set in article 35 shall include specific measures in order to exclude discriminatory access to data from eligible parties as provided for in article 23 . where distribution system operators are not subject to article 35 , and , member states shall take all necessary measures to ensure that the vertically integrated undertaking do not have privileged access to data for the conduct of its supply activity . ### member states shall ensure that all eligible parties have non - discriminatory access to data under clear and equal terms . in member states where smart metering systems have been implemented according to article 19 and distribution system operators are involved in data management , compliance programmes as set in article 35 shall include specific measures in order to exclude discriminatory access to data from eligible parties as provided for in article 23 . where distribution system operators are not subject to article 35 , and , member states shall ensure that alternative data management models are implemented , where management of data is done by different parties and actors .


### adopting a framework for the cooperation and coordination between regional operational centres . ### cooperating with the agency , regional operational centres and the entso for electricity on the adoption of a framework for the cooperation and coordination between regional operational centres .


### the regulatory authority shall examine whether the ten - year network development plan covers all investment needs identified during the consultation process , and whether it is consistent with the non - binding union - wide ten - year network development plan referred to in [ article 27 of recast of regulation 714 / 2009 as proposed by com861 / 2 ] . if any doubt arises as to the consistency with the union - wide network development plan , the regulatory authority shall consult the agency . the regulatory authority may require the transmission system operator to amend its ten - year network development plan . ### the regulatory authority shall examine whether the ten - year network development plan covers all investment needs identified during the consultation process , and whether it is consistent with the non - binding union - wide ten - year network development plan referred to in [ article 27 of recast of regulation 714 / 2009 as proposed by com861 / 2 ] and the union - wide climate and energy targets . if any doubt arises as to the consistency with the union - wide network development plan or climate and energy targets , the regulatory authority shall consult the agency . the regulatory authority may require the transmission system operator to amend its ten - year network development plan


### monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , switching rates , disconnection rates , charges for and the execution of maintenance services , and complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition authorities ; ### actively monitoring the level and effectiveness of market opening and competition at wholesale and retail levels , including on electricity exchanges , prices for household customers including prepayment systems , and dynamic price contracts , price spikes and their impact on retail and consumer prices , switching rates , including collective switching , disconnection rates , charges for and the execution of maintenance services , number of final customers in contracts with aggregators , barriers to the exercise of the activities listed in article 15 , and acting on complaints by household customers , as well as any distortion or restriction of competition , including providing any relevant information , and bringing any relevant cases to the relevant competition or consumer authorities ; share of energy efficiency measures implemented as a priority in households affected by energy poverty and in social housing ;


### monitoring the occurrence of restrictive contractual practices , including exclusivity clauses which may prevent large non - household customers from contracting simultaneously with more than one supplier or restrict their choice to do so , and , where appropriate , informing the national competition authorities of such practices ; ### monitoring the occurrence of restrictive contractual practices , including exclusivity clauses which may prevent household customers to contract with an aggregator or other electricity service provider , or large non - household customers from contracting simultaneously with more than one supplier or restrict their choice to do so , and , where appropriate , informing the national competition , consumer or other relevant authorities of such practices ;


### to request information from regional operational centres ; ### to deliver a decision to request information from regional operational centres ;


### clearly disclose their owners and the natural or legal person operating the tool ; ### clearly disclose their owners and the natural or legal person operating the tool , as well as information on how the tools are financed ;


### clearly disclose their owners and the natural or legal person operating the tool ; ### clearly disclose their owners and the natural or legal person operating the tool as well as information on how the tools are financed ;


### include an as complete a range of electricity offers as practicable covering a significant part of the market and , where the information presented is not a complete overview of the market , a clear statement to that effect , before displaying results ; and ### include an as complete a range of electricity offers as practicable covering a significant part of the market and , where the information presented is not a complete overview of the market , a clear statement to that effect , before displaying results ;


### the internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation . a new era of digital innovation continues to provide opportunities for businesses and individuals , creates new products and business models but equally constitutes a challenge to regulation and enforcement . ### the internal market has to continuously adapt to rapidly changing environment of digital revolution , globalisation and the increasing pressures of climate change . a new era of digital and eco - innovation and new collaborative business models continue to provide opportunities for businesses and individuals , create new sustainable , more resource and energy efficient products , services and business models but equally constitutes a challenge to regulation and enforcement .


### several programmes for union action exist currently in the fields of competitiveness of enterprises including smes , consumer protection , customers and end - users in financial services , policy making in financial services and food chain . some additional activities are financed directly under the internal market budget lines . it is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well - functioning internal market in the most cost - efficient manner . it is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines . the programme should also include new initiatives which aim to improve the functioning of the internal market . ### several programmes for union action exist currently in the fields of competitiveness and sustainability of enterprises including smes , consumer protection , customers and end - users in financial services , policy making in financial services and food chain . some additional activities are financed directly under the internal market budget lines . it is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well - functioning and sustainable internal market that in is efficient , affordable , and consumer friendly and takes into consideration environmental , social and governance factors . it is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines . the programme should also include new initiatives which aim to improve the functioning of the internal market .


### it is therefore appropriate to establish a programme for the internal market , competitiveness of enterprises , including micro , small and medium - sized enterprises , and european statistics . the programme should be established for the duration of seven years from 2021 to 2027 . ### it is therefore appropriate to establish a programme for the internal market , competitiveness and sustainability of enterprises , with particular attention to micro , small and medium - sized enterprises , and european statistics . the programme should be established for the duration of seven years from 2021 to 2027 .


### the programme should support the design , implementation and enforcement of union legislation underpinning the proper functioning of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure the competitiveness of businesses , notably smes , but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools , knowledge and competence to make informed decisions and strengthen their participation in union’s policy - making . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and the improvement of the welfare of animals . ### the programme should support the design , implementation and enforcement of union legislation underpinning the proper functioning of the internal market . the programme should support the creation of the right conditions to empower all actors of the internal market : businesses , citizens including consumers , civil society and public authorities . to that end , the programme should aim to ensure both the competitiveness and sustainability of businesses , notably smes , but also a high - level of consumer protection , with a focus on certain consumers who are more vulnerable than other , by supporting the enforcement of consumer protection , and safety rules as well as environmental standards and by raising the awareness of businesses and individuals by providing them with the right information , tools , training and competence to make informed decisions and strengthen their participation in union’s policy - making . furthermore , the programme should aim to enhance regulatory and administrative cooperation , notably through exchange of best practices , building of knowledge and competence bases , including the use of strategic public procurement . the programme should also aim to support the development of high - quality international standards that underpin the implementation of union legislation . this also includes standard setting in the field of financial reporting and audit , thereby contributing to the transparency and well - functioning of the union’s capital markets and to enhancing investor protection . the programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement . the objective of the programme should also be to support the implementation and enforcement of union legislation providing for a high level of health for humans , animals and plants along the food chain and the improvement of the welfare of animals .