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


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


### available formats ### available formats and quality of documents


### without prejudice to chapter v , public sector bodies and public undertakings shall make their documents available in any pre - existing format or language , and , where possible and appropriate , in open and machine - readable format together with their metadata . both the format and the metadata shall , where possible , comply with formal open standards . ### without prejudice to chapter v , public sector bodies and public undertakings shall make their documents available , interoperable , readily findable , re - usable by electronic means , in any pre - existing format or language , and , where possible and appropriate , in open and machine - readable format together with their metadata . both the format and the metadata shall , where possible , comply with formal open standards .


### without prejudice to chapter v , public sector bodies and public undertakings shall make their documents available in any pre - existing format or language , and , where possible and appropriate , in open and machine - readable format together with their metadata . both the format and the metadata shall , where possible , comply with formal open standards . ### without prejudice to chapter v , public sector bodies and public undertakings shall make their documents available , interoperable , readily findable and re - usable by electronic means , in any pre - existing format or language , and , where possible and appropriate , in open and machine - readable format together with their metadata . both the format and the metadata shall , where possible , comply with formal open standards .


### on the basis of this directive , public sector bodies and public undertakings cannot be required to continue the production and storage of a certain type of documents with a view to the re - use of such documents by a private or public sector organisation . ### public sector bodies and public undertakings shall not be required to continue the production and storage of a certain type of documents with a view to the re - use of such documents by a private or public sector organisation .


### where charges are made by the public sector bodies referred to in point of paragraph 2 , the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , reproduction , dissemination , preservation and rights clearance and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the accounting principles applicable to the public sector bodies involved . ### where charges are made by the public sector bodies referred to in point of paragraph 2 , the total income from supplying and allowing re - use of documents over the appropriate accounting period shall not exceed the cost of collection , production , reproduction , dissemination , data storage , preservation and rights clearance and – where applicable –anonymisation of personal data and measures taken to protect commercially confidential information , together with a reasonable return on investment . charges shall be calculated in line with the accounting principles applicable to the public sector bodies involved .


### member states shall make practical arrangements facilitating the search for documents available for re - use , such as asset lists of main documents with relevant metadata , accessible where possible and appropriate online and in machine - readable format , and portal sites that are linked to the asset lists . where possible member states shall facilitate the cross - linguistic search for documents . ### member states shall make practical arrangements facilitating the search for documents available for re - use , such as asset lists of main documents with relevant metadata , accessible where possible and appropriate online and in machine - readable format , and portal sites that are linked to the asset lists and authentication tools . where possible member states shall facilitate the cross - linguistic search for documents .


### if documents are re - used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks , the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users . ### member states shall guarantee fair competition between public sector bodies and public undertakings , and other users in cases where documents are re - used by those public sector bodies or public undertakings as input for its commercial activities which fall outside the scope of their public tasks , by ensuring that the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users . 3 . member states shall ensure in the same way that re - use of documents and information of public undertakings does not lead to distortion of fair competition .


### if documents are re - used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks , the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users . ### where documents are re - used by public sector bodies or public undertakings as input for commercial activities which fall outside the scope of their public tasks , the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users .


### the re - use of documents shall be open to all potential actors in the market , even if one or more market actors already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights . ### the re - use of documents shall be open to all potential users in the market , even if one or more users already exploit added - value products based on these documents . contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights , nor any preferential use of the data .


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### member states shall ensure that the high value datasets , listed in annex iia are available for free , machine - readable and accessible for download , and , where appropriate , via interoperable apis . the conditions for re - use shall be compatible with open standard licences . the commission shall be empowered to adopt delegated acts in accordance with article 14 in order to extend the list of categories of high value datasets in annex iia and in particular to further specify the datasets from these categories , among the documents to which this directive applies , together with the conditions and modalities of their publication and re - use .


### with a view to achieving the objectives of this directive , the commission shall adopt the list of high value datasets among the documents to which this directive applies , together with the modalities of their publication and re - use . ### member states shall ensure that the high value datasets , listed in annex iia are available for free , machine - readable and accessible for download , and , via apis . the conditions for re - use shall be compatible with open standard licences . the commissions shall be empowered to adopt delegated acts in accordance with article 14 in order to extend the list of categories of high value datasets in annex iia and in particular to further specify the datasets from these categories , among the documents to which this directive applies , together with the conditions and modalities of their publication and re - use .


### the power to adopt delegated acts referred to in article 13 shall be conferred on the commission for a period of five years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the power to adopt delegated acts referred to in articles 5a and 13 shall be conferred on the commission for a period of five years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the delegation of power referred to in article 13 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 5a and 13 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 13 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 5a and 13 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or of the council .


### no sooner than four years after the date of transposition of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . __________________ 47 swd 0350 ### by [ 36 months after the date for transposition of this directive ] and at the latest every five years thereafter , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . __________________ 47 swd 0350


### the evaluation shall in particular address the scope and impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy . ### the evaluation shall in particular address the scope , civic and socio - economic impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the impact of high value datasets , the relevance for specific stakeholders such as consumers and enterprises , particularly for small and medium - sized enterprises , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the availability and the use of apis the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy .


### the evaluation shall in particular address the scope and impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy . ### the evaluation shall in particular address the scope , civic and socio - economic impact of this directive , including the extent of the increase in re - use of public sector documents to which this directive applies , the impact of high value datasets , the effects of the principles applied to charging and the re - use of official texts of a legislative and administrative nature , the re - use of documents held by other entities than public sector bodies , the availability and the use of apis , the interaction between data protection rules and re - use possibilities , as well as further possibilities of improving the proper functioning of the internal market and the development of the european data economy .


### category budget and spending companies earth observation and environment geospatial data national law public procurement statistics ### examples of datasets planned and ongoing expenditure and subsidies , detailed records of spending on all levels of government company and business registers . space and in situ data spatial data subject to directive 2007 / 2 / ec , including postcodes , national and local maps ) legislative , regulatory and administrative measures ; draft measures , including procedural information related to their adoption ; measures which have been amended , repealed or are no longer in force ; accompanying documents , such as explanatory statements , impact assessments , opinions of advisory bodies and voting records ; case law . past and current tenders and awards on all levels of administration , aggregated by office , in all states national , regional and local statistical data with main demographic and economic indicators


### ' class formation ' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests , taking into account possible pre - existing entitlements , liens or inter - creditor agreements , and their treatment under the restructuring plan ; ### ' class formation ' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests , taking into account possible pre - existing entitlements , liens or inter - creditor agreements , and their treatment under the restructuring plan . for the purpose of adopting a restructuring plan , creditors are divided into different classes of creditors , where as a minimum , secured and unsecured claims are treated in distinct classes , whilst workers constitute a separate class ;


### member states may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall ensure that restructuring procedures are not automatically terminated and that , upon examining the prospects for achieving an agreement on a successful restructuring plan within the period of the stay , a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions . ### member states shall derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period . in that case , member states shall authorise a judicial or administrative authority to defer the opening of insolvency procedure and to keep in place the benefit of the stay of individual enforcement actions in order to examine the prospects for achieving an agreement on a successful restructuring plan within the period of the stay .


### member states shall ensure that any affected creditors have a right to vote on the adoption of a restructuring plan . member states may also grant such voting rights to affected equity holders , in accordance with article 12 . ### member states shall ensure that any affected creditors have a right to vote on the adoption of a restructuring plan in full knowledge of the consequences it entails for each of them . member states may also grant such voting rights to affected equity holders , in accordance with article 12 .


### no later than [ 5 years from the date of start of application of implementing measures ] and every 7 years thereafter , the commission shall present to the european parliament , the council and the european economic and social committee a report on the application of this directive , including on whether additional measures to consolidate and strengthen the legal framework on restructuring , insolvency and second chance should be considered . ### no later than [ 3 years from the date of start of application of implementing measures ] and every 5 years thereafter , the commission shall present to the european parliament , the council and the european economic and social committee a report on the application of this directive , including on whether additional measures to consolidate and strengthen the legal framework on restructuring , insolvency and second chance should be considered including the availability of resources and of specialised courts .


### the commission shall , at regular intervals , carry out an evaluation of this directive . the evaluation shall be based , inter alia , on the following elements : ### the commission shall , no later than 1 january 2020 and at least every five years thereafter , carry out an evaluation of this directive and of its implementation . the evaluation shall be based , inter alia , on the following elements :


### member states shall forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . this report shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive . ' ; ### member states shall publish and forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . this report shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive . ' ;


### member states shall forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . this report shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive . ' ; ### member states shall forward to the commission every six years , at the same time as the report drawn up pursuant to article 17 of council directive 92 / 43 / eec* , a report on the implementation of the measures taken under this directive and the main impacts of these measures . that report shall be made accessible to the public and shall include in particular information concerning the status and trends of wild bird species protected by this directive , the threats and pressures on them , the conservation measures taken for them and the contribution of the network of special protection areas to the objectives laid out in article 2 of this directive .


### the commission , assisted by the european environment agency , shall prepare every six years a composite report based on the information referred to in paragraph 1 . . ### the commission , assisted by the european environment agency , shall publish every six years a composite report based on the information referred to in paragraph 1 .


### the commission services shall publish a union overview on the basis of the data submitted by the member states . ### no later than 6 months after the submission by the member states of the data referred to in the second subparagraph , the commission services shall make publicly available the data submitted by the member states , and publish a union overview on the basis of the data submitted by the member states .


### the commission services shall publish a union overview on the basis of the data submitted by the member states . ### no later than 6 months after the submission by the member states of the data referred to in the second subparagraph , the commission services shall publish a union overview on the basis of that data .


### the commission services shall publish a union overview on the basis of the data submitted by the member states . ### no later than 6 months after their submission by the member states of the data referred to in the second subparagraph , the commission services shall publish a union overview on the basis of the data submitted by the member states .


### the commission shall establish a common format and information content for submitting the information referred to in paragraphs 1 , 2 and 3 in accordance with the regulatory procedure referred to in article 56 . ; ### the commission shall establish a common format and information content for submitting the information referred to in paragraphs 1 , 2 and 3 in accordance with the examination procedure referred to in article 56 .


### where reference is made to this paragraph , articles 5 and 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . ### 2 a . in article 56 , paragraph 3 is replaced by the following : 3 . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### where reference is made to this paragraph , articles 5 and 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . the period laid down in article 5 of decision 1999 / 468 / ec shall be set at three months . as regards the committee ' s tasks referred to in points 1 and 2 of article 19 , if , on the expiry of a period of three months from the date of referral to the council , the council has not acted , the proposed measures shall be adopted by the commission . ### 1 a . in article 18 , paragraph 2 is replaced by the following : 2 . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### since its establishment cedefop has played an important role in supporting the development of a common vocational education and training policy . at the same time the concept and significance of vocational training has evolved under the influence of changing labour markets , technological developments , particularly in the digital area , and increasing labour mobility . vocational training policies have evolved accordingly and encompass a variety of instruments and initiatives , some of which , namely related to skills and qualifications , including validation of learning , necessarily go beyond the traditional boundaries of vocational education and training . therefore the character of cedefop activities should be clearly spelled out and relevant terminology should be adjusted whilst staying within the remit of the treaty provisions for vocational education and training . ### since its establishment cedefop has played an important role in supporting the development of a common vocational education and training policy . at the same time the concept and significance of vocational training has evolved under the influence of changing labour markets , technological developments , particularly in the digital area , the eu ' s commitment to sustainability and increasing labour mobility . vocational training policies have evolved accordingly and encompass a variety of instruments and initiatives , some of which , namely related to skills and qualifications , including validation of learning , necessarily go beyond the traditional boundaries of vocational education and training . therefore the character of cedefop activities should be clearly spelled out and relevant terminology should be adjusted whilst staying within the remit of the treaty provisions for vocational education and training .


### implementation of a vocational education and training policy will require a focus on the interface between education and training and the world of work , making sure that the knowledge , skills and competences acquired support employability in changing labour markets and are relevant to the needs of citizens and society . ### implementation of a vocational education and training policy will require a focus on the interface and transition between education and training and the world of work , making sure that the knowledge , skills and competences acquired support integration in changing labour markets and are relevant to the needs of citizens and society .


### the objective of the agency shall be to assist the commission in shaping and implementing vocational education and training and skills and qualifications policies . to this end the agency shall provide evidence and services for policy making and knowledge sharing amongst and between union and national actors , in particular governments and social partners . ### the objective of the agency shall be to assist the eu institutions in shaping and implementing vocational education and training and skills and qualifications policies . to this end the agency shall provide independent evidence , services and support for policy making and knowledge sharing amongst and between union and national actors , in particular governments and organisations representing participants to vocational training including social partners . in its activities the centre shall take into account the links which exist between vocational training and the other branches of education and training .


### members of the management board and their alternates shall be appointed in light of their knowledge in the field of vocational education and training , skills and qualifications , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board ' s work . all parties shall aim to achieve a balanced representation between men and women on the management board . ### members of the management board and their alternates shall be appointed in light of their knowledge in the field of vocational education and training , skills and qualifications , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board ' s work . all parties shall aim to achieve a balanced representation between men and women on the management board . if the gender balance is highly disproportionate , i . e . less than 30% of one gender are represented on the management board , all appointing parties are required to suggest different representatives .


### adopt rules for the prevention and management of conflicts of interest in respect of its members ; ### adopt rules for the prevention and management of conflicts of interest in respect of its members and independent experts as well as for seconded national experts under article 19 ;


### this directive should therefore provide for mandatory exceptions to the rights that are harmonised by union law and are relevant for the uses and works covered by the marrakesh treaty . these include in particular the rights of reproduction , communication to the public , making available , distribution and lending , as provided for in directive 2001 / 29 / ec , directive 2006 / 115 / ec , and directive 2009 / 24 / ec , as well as the corresponding rights in directive 96 / 9 / ec . as the scope of exceptions and limitations required by the marrakesh treaty also includes works in audio form , like audiobooks , it is necessary that these exceptions also apply to related rights . ### this directive should therefore provide for mandatory exceptions to the rights that are harmonised by union law and are relevant for the uses and works covered by the marrakesh treaty . these include in particular the rights of reproduction , communication to the public , making available , distribution and lending , as provided for in directive 2001 / 29 / ec , directive 2006 / 115 / ec , and directive 2009 / 24 / ec , as well as the corresponding rights in directive 96 / 9 / ec . as the scope of exceptions and limitations required by the marrakesh treaty also includes works in audio form , like audiobooks , it is necessary that these exceptions also apply to related rights . the exercise of the exceptions provided by the present directive is without prejudice to other exceptions for persons with disabilities provided by the member states , such as private use .


### ‘ authorised entity’ means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions . ### ' authorised entity ' means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions , regardless of whether it is supervised by a government .


### the processing of personal data carried out within the framework of this directive shall be carried out in compliance with directive 95 / 46 / ec . ### the processing of personal data carried out within the framework of this directive shall be carried out in compliance with directives 95 / 46 / ec and 2002 / 58 / ec , and with regulation 2016 / 679 of the european parliament and of the council1a _________________ 1a 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 .


### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment on whether an amendment of the scope of this directive should be considered . ### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment on whether a broadening of the scope of this directive should be considered , so that the exception and the related making of accessible format copies provided by this directive may benefit other categories of disabilities .


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


### the programme shall ensure the effective promotion of gender equality and the gender dimension in research and innovation content . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups . ### the programme shall ensure the effective promotion of gender equality , inter alia through enabling a better family / work life balance , and the gender dimension in research and innovation content . particular attention shall be paid to ensuring accessibility and gender balance , subject to the situation in the field of research and innovation concerned , across the various parts of the programme , and notably in evaluation panels and in bodies such as expert groups .


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in constant prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### eur 6 800 000 000 for marie skłodowska - curie actions ; ### eur 11 300 000 000 for marie skłodowska - curie actions ;


### eur 2 400 000 000 for research infrastructures ; ### eur 3 900 000 000 for research infrastructures ;


### cluster ' inclusive and secure society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , and promoting socio - economic transformations that contribute to inclusion and growth , while responding to the challenges arising from persistent security threats , including cybercrime , as well as natural and man - made disasters . ### cluster ' inclusive educated and creative society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , supporting in particular research and innovation activities for the development of ict technologies for the preservation and digitisation of tangible and intangible cultural heritage as well , exploring the potential of cultural and creative sectors and promoting socio - economic transformations that contribute to inclusion and growth , including migration management and integration of migrants .


### cluster ' food and natural resources ' : protecting , restoring , sustainably managing and using natural and biological resources from land and sea to address food and nutrition security and the transition to a low carbon , resource efficient circular economy . ### cluster ' food and natural resources ' : protecting , restoring , sustainably managing and using natural and biological resources from land and sea to address food and nutrition security and the transition to a low carbon , resource efficient circular economy , while developing awareness and educational schemes to healthy nutrition .


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


### in order to ensure uniform conditions for the implementation of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of indicators as indicated in article 14 and 16 and annex ii . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to carry out the programme and ensure effective assessment of its progress towards the achievement of its objectives , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of work programmes as indicated in article 13 and indicators as indicated in articles 14 and 16 and annex ii . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### preventing and combating inequalities and discrimination on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , and supporting comprehensive policies to promote gender equality and anti - discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance ; ### preventing and combating inequalities and discrimination on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , and supporting comprehensive policies to promote gender equality and anti - discrimination and their mainstreaming as well policies to combat racism , xenophobia , homophobia and all other forms of intolerance ;


### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights and the right to the protection of personal data . ### protecting and promoting the rights of the child , the rights of people with disabilities , union citizenship rights and the right to the protection of privacy and personal data ; raising awareness of such rights .


### preventing and combating all forms of violence against children , young people and women , as well as violence against other groups at risk ; ### preventing and combating all forms of violence against children , young people and women , as well as violence against other groups at risk , in particular groups at risk of violence in close relationships ;


### the programme shall be implemented by work programmes referred to in article 110 of financial regulation . ### the programme shall be carried out by work programmes referred to in article 110 of financial regulation .


### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . the mid - term evaluation shall take into account the results of the evaluations of the long - term impact of the predecessor programmes . ### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . the interim evaluation shall take into account the results of the evaluations of the long - term impact of the predecessor programmes .


### a safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury to union industry and to facilitate adjustment . that period shall not exceed two years , unless it is extended under paragraph 3 . ### a safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury to union industry , workers or environment / climate , and to facilitate adjustment . that period shall not exceed two years , unless it is extended under paragraph 3 .


### the initial period of duration of a safeguard measure as referred to in paragraph 1 , may be extended by up to two years provided that the safeguard measure continues to be necessary to prevent or remedy serious injury to union industry and that there is evidence that the union industry is adjusting . ### the initial period of duration of a safeguard measure as referred to in paragraph 1 , may be extended by up to two years provided that the safeguard measure continues to be necessary to prevent or remedy serious injury to union industry , workers or the environment / climate , and that there is evidence that the union industry is adjusting .


### copernicus should ensure an autonomous access to environmental knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment , climate change , civil protection , security , as well as the digital economy , among others . ### copernicus should ensure an autonomous access to environmental knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment and biodiversity , land use , climate change , civil protection , security , as well as the digital economy , among others .


### –land monitoring and agriculture to provide information on land cover , land use and land use change , urban areas , inland water quantity and quality , forests , agriculture and other natural resources , biodiversity and cryosphere ; ### –land monitoring and agriculture to provide information on land cover , land use and land use change , soil quality , desertification , urban areas , inland water quantity and quality , forests and in particular deforestation , agriculture and other natural resources , biodiversity and cryosphere ;


### council framework decision 2001 / 413 / jha44 needs to be updated and complemented by further provisions on offences , penalties and cross - border cooperation . _________________ 44 council framework decision 2001 / 413 / jha of 28 may 2001 on combating fraud and counterfeiting of non - cash means of payment . ### council framework decision 2001 / 413 / jha44 needs to be updated and complemented by further provisions on offences , penalties , cross - border cooperation , prevention and assistance to victims . _________________ 44 council framework decision 2001 / 413 / jha of 28 may 2001 on combating fraud and counterfeiting of non - cash means of payment .


### jurisdictional rules should ensure that the offences laid down in this directive are prosecuted effectively . in general , offences are best dealt with by the criminal justice system of the country in which they occur . member states should therefore establish their jurisdiction over offences committed on their territory , over offences committed by their nationals and over offences that cause damage in their territory . ### jurisdictional rules should ensure that the offences laid down in this directive are prosecuted effectively and according to a clear set of criteria . in general , offences are best dealt with by the criminal justice system of the country in which they occur . member states should therefore establish their jurisdiction , by order of priority , over offences committed on their territory , over offences committed by their nationals and over offences that cause damage in their territory . member states should be able to derogate from the order of priority on a case - by - case basis , if it is proved necessary for the efficiency of a particular investigation , for example if a specific member state is more aware of the perpetrators of the offence or is more likely to identify them . it should be possible for member states to have recourse to eurojust to coordinate their action and resolve conflicts of jurisdiction that may arise .


### given the need for special tools to effectively investigate fraud and counterfeiting of non - cash means of payment , and their relevance for effective international cooperation between national authorities , investigative tools that are typically used for cases involving organised crime and other serious crime should be available to competent authorities in all member states for the investigation of such offences . taking into account the principle of proportionality , the use of such tools in accordance with national law should be commensurate with the nature and gravity of the offences under investigation . in addition , law enforcement authorities and other competent authorities should have timely access to relevant information in order to investigate and prosecute the offences laid down in this directive . ### given the need for special tools to effectively investigate fraud and counterfeiting of non - cash means of payment , and their relevance for effective international cooperation between national authorities , investigative tools that are typically used for cases involving organised crime and other serious crime should be available to competent authorities in all member states for the investigation of such offences . taking into account the principle of proportionality , the use of such tools in accordance with national law should be commensurate with the nature and gravity of the offences under investigation . in addition , law enforcement authorities and other competent authorities should have timely access to relevant information in order to investigate and prosecute the offences laid down in this directive . adequate and sufficient human and financial resources should be allocated to competent authorities in order to properly investigate and prosecute the offences laid down in this directive .


### in many cases , criminal activities underlie incidents that should be notified to the relevant national competent authorities under directive 2016 / 1148 of the european parliament and the council46 . such incidents may be suspected to be of criminal nature even if the evidence of a criminal offence is not sufficiently clear from the outset . in this context , relevant operators of essential services and digital service providers should be encouraged to share the reports required under directive 2016 / 1148 with law enforcement authorities so as to form an effective and comprehensive response and to facilitate attribution and accountability by the perpetrators for their actions . in particular , promoting a safe , secure and more resilient environment requires systematic reporting of incidents of a suspected serious criminal nature to law enforcement authorities . moreover , when relevant , computer security incident response teams designated under article 9 of directive 2016 / 1148 should be involved in law enforcement investigations with a view to providing information , as considered appropriate at national level , and also providing specialist expertise on information systems . _________________ 46 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### in many cases , criminal activities underlie incidents that should be notified to the relevant national competent authorities under directive 2016 / 1148 of the european parliament and the council46 . such incidents may be suspected to be of criminal nature even if the evidence of a criminal offence is not sufficiently clear from the outset . in this context , relevant operators of essential services and digital service providers should share the reports required under directive 2016 / 1148 with law enforcement authorities and financial intelligence units so as to form an effective and comprehensive response and to facilitate attribution and accountability by the perpetrators for their actions . in particular , promoting a safe , secure and more resilient environment requires systematic reporting of incidents of a suspected serious criminal nature to law enforcement authorities . moreover , when relevant , computer security incident response teams designated under article 9 of directive 2016 / 1148 should be involved in law enforcement investigations with a view to providing information , as considered appropriate at national level , and also providing specialist expertise on information systems . _________________ 46 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### major security incidents as defined in article 96 of directive 2015 / 2366 of the european parliament and the council47 may be of criminal origin . where relevant , payment service providers should be encouraged to share with law enforcement authorities the reports they are required to submit to the competent authority in their home member state under directive 2015 / 2366 . _________________ 47 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### major security incidents as defined in article 96 of directive 2015 / 2366 of the european parliament and the council47 may be of criminal origin . where relevant , payment service providers should share with law enforcement authorities and financial intelligence units the reports they are required to submit to the competent authority in their home member state under directive 2015 / 2366 . _________________ 47 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### reporting crime without undue delay to public authorities is of great importance in combating fraud and counterfeiting of non - cash means of payment , as it is often the starting point of the criminal investigation . measures should be taken to encourage reporting by natural and legal persons , in particular financial institutions to law enforcement and judicial authorities . these measures can be based on various types of action , including legislative ones , such as obligations to report suspected fraud , or non - legislative ones , such as setting up or supporting organisations or mechanisms favouring the exchange of information , or awareness raising . any such measure that involves processing of the personal data of natural persons should be carried out in accordance with regulation 2016 / 679 of the european parliament and of the council49 . in particular , any transmission of information regarding preventing and combating offences relating to fraud and counterfeiting of non - cash means of payment should comply with the requirements laid down in regulation 2016 / 679 , notably the lawful grounds for processing . _________________ 49 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 . ### reporting crime without undue delay to public authorities is of great importance in combating fraud and counterfeiting of non - cash means of payment , as it is often the starting point of the criminal investigation . measures should be taken to encourage reporting by natural and legal persons , in particular financial institutions to law enforcement and judicial authorities . the measures should facilitate the immediate reporting of crime , including through the establishment of secure national online fraud - reporting platforms . these measures can be based on various types of action , including legislative ones , such as obligations to report suspected fraud , or non - legislative ones , such as setting up or supporting organisations or mechanisms favouring the exchange of information , or awareness raising . any such measure that involves processing of the personal data of natural persons should be carried out in accordance with regulation 2016 / 679 of the european parliament and of the council49 . in particular , any transmission of information regarding preventing and combating offences relating to fraud and counterfeiting of non - cash means of payment should comply with the requirements laid down in regulation 2016 / 679 , notably the lawful grounds for processing . _________________ 49 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 should establish or strengthen policies to prevent fraud and counterfeiting of non - cash means of payment , and measures to reduce the risk of becoming victims of such offences , by means of information and awareness - raising campaigns and research and education programmes . ### the commission and the member states should establish or strengthen policies to prevent fraud and counterfeiting of non - cash means of payment , and measures to reduce the risk of becoming victims of such offences , by means of information and awareness - raising campaigns and research and education programmes , in particular for the persons most vulnerable to fraud such as phishing , for example elderly and young persons .


### member states shall take the necessary measures to ensure that performing or causing a transfer of money , monetary value or virtual currencies in order to make an unlawful gain for the perpetrator or a third party is punishable as a criminal offence , when committed intentionally by : ### member states shall take the necessary measures to ensure that performing or having someone else perform a transfer of money , monetary value or virtual currencies in order to make an unlawful gain for the perpetrator or a third party is punishable as a criminal offence , when committed intentionally by :


### the offence is committed in whole or in part in its territory ; ### the offence is committed in whole or in part in its territory ; or


### the offender is one of its nationals ; ### the offender is one of its nationals ; or


### the offence causes damage in its territory including damage resulting from the theft of the identity of a person . ### the offence causes damage in its territory including damage resulting from the theft of the identity of a person ; or


### effective investigations ### effective investigations and cooperation


### member states shall take the necessary measures to ensure that appropriate reporting channels are made available in order to facilitate reporting of the offences referred to in articles 3 to 7 to law enforcement and other competent national authorities without undue delay . ### member states shall take the necessary measures to ensure that appropriate reporting channels , including via a secure national online fraud - reporting platform , are made available in order to facilitate reporting of the offences referred to in articles 3 to 7 to law enforcement authorities , financial intelligence units and other competent national authorities without undue delay .


### member states shall take the necessary measures to encourage financial institutions and other legal persons operating in their territory to report without undue delay suspected fraud to law enforcement and other competent authorities , for the purpose of detecting , preventing , investigating or prosecuting offences referred to in articles 3 to 7 . ### member states shall take the necessary measures to ensure that financial institutions and other legal persons operating in their territory report without undue delay suspected fraud to law enforcement authorities , financial intelligence units and other competent authorities , for the purpose of detecting , preventing , investigating or prosecuting offences referred to in articles 3 to 7 .


### member states shall take appropriate action , including through the internet , such as information and awareness - raising campaigns , research and education programmes , where appropriate in cooperation with stakeholders , aimed at reducing overall fraud , raising awareness and reducing the risk of becoming a victim of fraud . ### the commission and member states shall take appropriate action , including through the internet , such as information and awareness - raising campaigns , research and education programmes , where appropriate in cooperation with stakeholders , aimed at reducing overall fraud , raising awareness and reducing the risk of becoming a victim of fraud , in particular for vulnerable persons . the commission and member states shall conduct such campaigns regularly . member states shall ensure that sufficient funding is made available for such campaigns .


### member states shall ensure that a system is in place for the recording , production and provision of statistical data measuring the reporting , investigative and judicial phases concerning the offences referred to in articles 3 to 7 . ### member states shall ensure that a system is in place for the recording , production and provision of anonymised statistical data measuring the reporting , investigative and judicial phases concerning the offences referred to in articles 3 to 7 .


### the statistical data referred to in paragraph 2 shall , as a minimum , cover the number of offences referred to in articles 3 to 7 reported to the member states , the number of cases investigated , the number of persons prosecuted for and convicted of the offences referred to in articles 3 to 7 , and data on the functioning of the reporting , investigative and judicial phases concerning these offences . ### the anonymised statistical data referred to in paragraph 2 shall , as a minimum , cover the number of offences referred to in articles 3 to 7 reported to the member states , the number of cases investigated , the number of persons prosecuted for and convicted of the offences referred to in articles 3 to 7 , and data on the functioning of the reporting , investigative and judicial phases concerning these offences .


### the commission shall , by [ 96 months after entry into force ] , carry out an evaluation of this directive on combating fraud and counterfeiting of non - cash means of payment and submit a report to the european parliament and to the council . ### the commission shall regularly , by [ 48 months after entry into force ] and every 48 months thereafter , carry out an evaluation of this directive on combating fraud and counterfeiting of non - cash means of payment , as well as its impact on fundamental rights , and submit a report to the european parliament and to the council .


### as large parts of new electricity generation will be connected at local level , distribution system operators will play an important role when it comes to operating the european electricity system in a flexible and efficient manner . ### as large parts of new electricity generation will be connected at local level , distribution system operators will play an important role when it comes to operating the european electricity system in a flexible and efficient manner . as the commission considers the establishment of a new eu - level body to enhance cooperation between transmission system operators and distribution system operators as well as development of further guidance and codes on dso issues , it is necessary to ensure that the agency is given strong oversight powers over such body .


### the agency should ensure that regulatory functions performed by the national regulatory authorities in accordance with [ the recast electricity directive as proposed by com 864 / 2 ] and directive 2009 / 73 / ec of the european parliament and of the council30 are properly coordinated and , where necessary , completed at union level . to that end , it is necessary to guarantee the independence of the agency from electricity and gas producers , transmission and distribution system operators , whether public or private , and consumers and to ensure the conformity of its actions with union law , its technical and regulatory capacities and its transparency , amenability to democratic control and efficiency . __________________ 30 see page 94 of this official journal . ### the agency should ensure that regulatory functions performed by the national regulatory authorities in accordance with [ the recast electricity directive as proposed by com 864 / 2 ] and directive 2009 / 73 / ec of the european parliament and of the council30 are properly coordinated and , where necessary , completed at union level . to that end , it is necessary to guarantee the independence of the agency from electricity and gas producers , transmission and distribution system operators , whether public or private , and consumers and to ensure the conformity of its actions with union law , its technical and regulatory capacities and its transparency , amenability to democratic control , including the accountability to the european parliament and efficiency . __________________ 30 see page 94 of this official journal .


### the agency should monitor regional cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the european network of transmission system operators for electricity , and the european network of transmission system operators for gas . the agency should also monitor the implementation of the tasks of other entities with regulated functions of union - wide dimension , such as energy exchanges . the involvement of the agency is essential in order to ensure that the cooperation between transmission system operators and the operation of other entities with union - wide functions proceeds in an efficient and transparent way for the benefit of the internal markets in electricity and natural gas . ### the agency should monitor regional cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the european network of transmission system operators for electricity , and the european network of transmission system operators for gas and play a role in ensuring the enforcement of the eu law . the agency should also monitor the implementation of the tasks of other entities with regulated functions of union - wide dimension , such as energy exchanges . the involvement of the agency is essential in order to ensure that the cooperation between transmission system operators and the operation of other entities with union - wide functions proceeds in an efficient and transparent way for the benefit of the internal markets in electricity and natural gas . the agency should be able to request and to receive information necessary for the fulfilment of its tasks from the entso for electricity and the entso for gas .


### the agency provides an integrated framework which enables national regulatory authorities to participate and cooperate . that framework facilitates the uniform application of the legislation on the internal markets in electricity and natural gas throughout the union . as regards situations concerning more than one member state , the agency has been granted the power to adopt individual decisions . that power should under clearly specified conditions cover technical and regulatory issues which require regional coordination , notably concerning the implementation of network codes and guidelines , cooperation within regional operational centres , the regulatory decisions necessary to effectively monitor wholesale market integrity and transparency , decisions concerning electricity and natural gas infrastructure that connects or that might connect at least two member states and , as a last resort , exemptions from the internal market rules for new electricity interconnectors and new gas infrastructure located in more than one member state . ### the agency provides an integrated framework which enables national regulatory authorities to participate and cooperate . that framework facilitates the uniform application of the legislation on the internal markets in electricity and natural gas throughout the union . as regards situations concerning more than one member state , the agency has been granted the power to adopt individual decisions . that power should under clearly specified conditions cover technical and regulatory issues which require regional coordination , notably concerning the implementation of network codes and guidelines , cooperation within regional operational centres , the regulatory decisions necessary to effectively monitor wholesale market integrity and transparency , decisions concerning electricity and natural gas infrastructure that connects or that might connect at least two member states and , as a last resort , exemptions from the internal market rules for new electricity interconnectors and new gas infrastructure located in more than one member state . the agency should also have the mandate to report to the commission if it considers that a particular national regulatory authority lacks independence or resources and technical capabilities . the agency should also have the capacity to provide operational assistance to the national regulatory authority . national regulatory authorities shall also provide the agency with the information relevant to the agencies activities .


### the agency has an important role in developing framework guidelines which are non - binding by nature . network codes should be in line with those framework guidelines . it is also considered appropriate for the agency , and consistent with its purpose , to have a role in reviewing draft network codes to ensure that they are in line with the framework guidelines and provide for the necessary degree of harmonisation , before it submits them to the commission for adoption . ### the agency has an important role in developing framework guidelines which are non - binding by nature . network codes should be in line with those framework guidelines . it is also considered appropriate for the agency , and consistent with its purpose , to have a role in reviewing and amending draft network codes to ensure that they are in line with the framework guidelines and provide for the necessary degree of harmonisation , before it submits them to the commission for adoption .


### with the adoption of a set of network codes and guidelines which provide for a stepwise implementation and a further refinement of common regional and union - wide rules , the role of the agency in monitoring the implementation of the network codes and guidelines has increased . effective monitoring of network codes and guidelines is a key function of the agency and crucial for the implementation of internal market rules . ### with the adoption of a set of network codes and guidelines which provide for a stepwise implementation and a further refinement of common regional and union - wide rules , the role of the agency in monitoring and ensuring the implementation of the network codes and guidelines has increased . effective monitoring of network codes and guidelines is a key function of the agency and crucial for the implementation of internal market rules .


### the agency should consult interested parties , where appropriate , and provide them with a reasonable opportunity to comment on proposed measures , such as network codes and rules . ### the agency should consult interested parties , where appropriate , and provide them with a reasonable opportunity to comment on proposed measures , such as network codes and rules . in particular , the stakeholder group should be established to facilitate to consultation process . the agency should ensure that small market actors have an equal footing with other stakeholders in the development of market rules .


### the agency should contribute to the efforts of enhancing energy security . ### the agency should contribute to the efforts of enhancing energy security and meeting the climate objectives of the union . as an executive body , it should abide by the strategic energy and climate agenda determined by the union’s policy - making institutions .


### the agency should be mainly financed from the general budget of the union , by fees and by voluntary contributions . in particular , the resources currently pooled by regulatory authorities for their cooperation at union level should continue to be available to the agency . the union budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the union are concerned . moreover , the auditing of accounts should be undertaken by an independent external auditor in accordance with article 107 of commission delegated regulation no 1271 / 201333 . __________________ 33 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council . ### the agency shall be properly resourced to carry out its tasks . the agency should be mainly financed from the general budget of the union , by fees and by voluntary contributions . in particular , the resources currently pooled by regulatory authorities for their cooperation at union level should continue to be available to the agency . the agency should have the possibility to collect fees for registering and supervising market participants , the processing of appeals and other services provided by it . the union budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the union are concerned . moreover , the auditing of accounts should be undertaken by an independent external auditor in accordance with article 107 of commission delegated regulation no 1271 / 201333 . __________________ 33 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council .


### the purpose of the agency shall be to assist the regulatory authorities referred to in article 57 of [ the recast electricity directive as proposed by com 864 / 2 ] and article 39 of directive 2009 / 73 / ec of the european parliament and of the council in exercising , at union level , the regulatory tasks performed in the member states and , where necessary , to coordinate their action . ### the purpose of the agency shall be to assist the regulatory authorities referred to in article 57 of [ the recast electricity directive as proposed by com 864 / 2 ] and article 39 of directive 2009 / 73 / ec of the european parliament and of the council in exercising , at union level , the regulatory tasks performed in the member states and , where necessary , to coordinate their action , mediate and settle disagreements among them as well as to contribute to the establishment of high - quality common regulatory and supervisory practices and ensuring consistent , efficient and effective application of union acts in order to achieve the eu climate and energy goals .


### monitor and analyse the implementation of the network codes and the guidelines adopted by the commission in accordance with article 55 of [ recast electricity regulation as proposed by com 861 / 2 ] and in article 6 of regulation no 715 / 2009 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non - discrimination , effective competition and the efficient functioning of the market , and report to the commission . ### monitor and analyse the implementation of the network codes and the guidelines adopted by the commission in accordance with article 55 of [ recast electricity regulation as proposed by com 861 / 2 ] and in article 6 of regulation no 715 / 2009 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non - discrimination , effective competition and the efficient functioning of the market , and report to the commission . the agency may also issue binding decisions in accordance to article 4 of this regulation .


### the agency may , in accordance with its work programme , at the request of the commission or at its own initiative , make recommendations to assist regulatory authorities and market players in sharing good practices . ### the agency may , in accordance with its work programme , at the request of the commission or at its own initiative , make recommendations to assist regulatory authorities and market players in sharing good practices . the agency may also organise and conduct peer review analyses of regulatory authorities , in order to strengthen consistency in supervisory outcomes .


### the agency shall provide a factual opinion at the request of a regulatory authority or of the commission , on whether a decision taken by a regulatory authority complies with the guidelines referred to in [ recast electricity directive as proposed by com 864 / 2 ] , directive 2009 / 73 / ec , [ recast electricity regulation as proposed by com 861 / 2 ] or regulation no 715 / 2009 or with other relevant provisions of those directives or regulations . ### the agency shall carry out an investigation and provide a factual opinion at the request from one or more regulatory authorities or of the commission , on whether a decision taken by a regulatory authority complies with the guidelines referred to in [ recast electricity directive as proposed by com 864 / 2 ] , directive 2009 / 73 / ec , [ recast electricity regulation as proposed by com 861 / 2 ] or regulation no 715 / 2009 or with other relevant provisions of those directives or regulations .


### the proposals for methodologies and calculations related to the european resource adequacy assessment pursuant to article 19 , and of [ recast electricity regulation as proposed by com 861 / 2 ] . ### the proposals for methodologies and calculations related to the european resource adequacy assessment pursuant to article 19 , and of [ recast electricity regulation as proposed by com 861 / 2 ] as well as the results of the european resource adequacy assessment pursuant to article19 of [ recast electricity regulation .


### monitor wholesale markets , collect data and register market participants in accordance with article 7 to 9 of regulation 1227 / 201137 ; __________________ 37 regulation no 1227 / 2011 of the european parliament and of the council of 25 october 2011 on wholesale energy market integrity and transparency oj l 326 , 8 . 12 . 2011 , p . 1–16 . ### monitor wholesale markets , including regional markets in real time , collect data and register market participants in accordance with article 7 to 9 of regulation 1227 / 201137 ; __________________ 37 regulation no 1227 / 2011 of the european parliament and of the council of 25 october 2011 on wholesale energy market integrity and transparency oj l 326 , 8 . 12 . 2011 , p . 1–16 .


### the agency , in close cooperation with the commission , the member states and the relevant national authorities including the national regulatory authorities and without prejudice to the competences of competition authorities , shall monitor the wholesale and retail markets in electricity and natural gas , in particular the retail prices of electricity and natural gas , compliance with the consumer rights laid down in [ recast electricity directive as proposed by com 864 / 2 ] and directive 2009 / 73 / ec , access to the networks including access of electricity produced from renewable energy sources , potential barriers to cross - border trade , state interventions preventing prices from reflecting actual scarcity , the performance of the member states in the area of electricity security of supply based on the results of the european resource adequacy assessment as referred to in article 19 of [ recast electricity regulation ] , in particular taking into account the ex - post evaluation referred to in article 16 of [ risk preparedness regulation as proposed by com 862 ] . ### the agency , in close cooperation with the commission , the member states and the relevant national authorities including the national regulatory authorities and without prejudice to the competences of competition authorities , shall monitor the wholesale and retail markets in electricity and natural gas , in particular the retail prices of electricity and natural gas , compliance with the consumer rights laid down in [ recast electricity directive as proposed by com 864 / 2 ] , directive 2009 / 73 / ec , and ec and [ recast directive 2009 / 28 / ec as proposed by com 767 , access to the networks including access of electricity produced from renewable energy sources , potential barriers to cross - border trade , regulatory barriers for new market entrants and small actors , including energy communities , state interventions preventing prices from reflecting actual scarcity , the performance of the member states in the area of electricity security of supply based on the results of the european resource adequacy assessment as referred to in article 19 of [ recast electricity regulation ] , in particular taking into account the ex - post evaluation referred to in article 16 of [ risk preparedness regulation as proposed by com 862 ] and the consistency of national approaches to assessing and developing measures to address resource adequacy issues , including the introduction of capacity remuneration mechanisms .


### the agency shall be managed by its director , who shall act in accordance with the guidance referred to in article 23 and , where provided for in this regulation , the opinions of the board of regulators . without prejudice to the respective roles of the administrative board and the board of regulators in relation to the tasks of the director , the director shall neither seek nor follow any instruction from any government , from the union institutions , or from any other public or private entity or person . the director shall be accountable to the administrative board . the director may attend the meetings of the board of regulators as an observer . ### the agency shall be managed by its director , who shall act in accordance with the guidance referred to in article 23 and , where provided for in this regulation , the opinions of the board of regulators . without prejudice to the respective roles of the administrative board and the board of regulators in relation to the tasks of the director , the director shall neither seek nor follow any instruction from any government , from the union institutions , or from any other public or private entity or person . the director shall be accountable to the administrative board . the director shall chair the meetings of the board of regulators .


### a high level of protection of human health and of consumers’ interests and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . ### a high level of protection of human health and of consumers’ interests , environmental friendliness , and effective functioning of the internal market should be ensured in the pursuit of union food policies , whilst ensuring transparency . furthermore , and in all instances , the precautionary principle as laid down in regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety must apply .


### novel foods are subject to the general labelling requirements laid down in regulation no 1169 / 2011 of the european parliament and of the council on the provision of food information to consumers and other relevant labelling requirements in union food law . in certain cases it may be necessary to provide for additional labelling information , in particular regarding the description of the food , its source or its conditions of use to ensure that consumers are sufficiently informed of the nature of the novel food . ### novel foods are subject to the general labelling requirements laid down in regulation no 1169 / 2011 of the european parliament and of the council on the provision of food information to consumers and other relevant labelling requirements in union food law . additional labelling information should be included , in particular regarding the description of the food , its source or its conditions of use to ensure that consumers are sufficiently informed of the nature of the novel food .


### the commission shall establish and update a union list of novel foods authorised to be placed on the market within the union in accordance with articles 6 , 7 and 8 . ### the commission shall establish , publish and update a union list of novel foods authorised to be placed on the market within the union in accordance with articles 6 , 7 and 8 .


### by 31 march of the following financial year , the agency shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors . ### by 31 march of the following financial year , the agency shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors . the report shall provide details of expenditure for each of the individual tasks listed in article 2 .


### having regard to the treaty on the functioning of the european union , and in particular article 194 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 194 and 191 thereof ,


### promoting renewable forms of energy is one of the goals of the union energy policy . the increased use of energy from renewable sources , together with energy savings and increased energy efficiency , constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and comply with the 2015 paris agreement on climate change , and the union 2030 energy and climate framework , including the binding target to cut emissions in the union by at least 40% below 1990 levels by 2030 . it also has an important part to play in promoting the security of energy supply , technological development and innovation and providing opportunities for employment and regional development , especially in rural and isolated areas or regions with low population density . ### promoting renewable forms of energy is , in accordance with article 194 of the treaty on the functioning of the european union , one of the goals of the union energy policy . the increased use of energy from renewable sources , together with energy savings and increased energy efficiency , constitutes the essential part of the package of measures needed to reduce greenhouse gas emissions and comply with the union´s commitment under the 2015 paris agreement on climate change , and the necessity to reach net - zero emissions domestically by 2050 at the latest . it also has an fundamental part to play in promoting the security of energy supply , sustainable energy at affordable prices , technological development and innovation as well as technological and industrial leadership while providing environmental , social and health benefits as well as major opportunities for employment and regional development , especially in rural and isolated areas or regions with low population density


### in particular , increasing technological improvements , incentives for the use and expansion of public transport , the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity , heating and cooling sectors as well as in the transport sector are very effective tools , together with energy efficiency measures , for reducing greenhouse gas emissions in the union and the union ' s dependence on imported gas and oil . ### in particular , reducing energy consumption , increasing technological improvements , expanding public transport , the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity , heating and cooling sectors as well as in the transport sector are very effective tools , together with energy efficiency measures for reducing greenhouse gas emissions in the union and the union ' s energy dependence .


### the european parliament , in its resolutions on ' a policy framework for climate and energy in the period from 2020 to 2030 ' and on ' the renewable energy progress report ' , has favoured a binding union 2030 target of at least 30% of total final energy consumption from renewable energy sources , stressing that that target should be implemented by means of individual national targets taking into account the individual situation and potential of each member state . ### the european parliament , in its resolutions on ' a policy framework for climate and energy in the period from 2020 to 2030 ' and on ' the renewable energy progress report ' , has favoured a binding union 2030 target of at least 30% of total final energy consumption from renewable energy sources , stressing that the target should be implemented by means of individual national targets taking into account the individual situation and potential of each member state . yet in the light of the 2015 paris agreement and the recent renewables technology costs reductions , significantly higher ambition is obvious and called for an increase of these 2030 targets .


### electricity generation from renewable sources should be deployed at the lowest possible cost for consumers and taxpayers . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost of deployment , taking full account of grid and system development needs , the resulting energy mix , and the long term potential of technologies . ### electricity generation from renewable sources should be deployed so as to minimise the long - term cost of the energy - transition for consumers and taxpayers . when designing support schemes and when allocating support , member states should seek to minimise the overall system cost along the transition , taking full account of grid and system development needs , the resulting energy mix , and the long term potential of technologies . to this end member states should retain the right to choose which renewable technology it wishes to promote through support schemes and to apply technology - specific tenders , in order to take account of the different maturity of renewable technologies as well as ensuring regional and technology diversification , efficient system planning and grid integration as well as the longer - term potential of new and innovative technologies and environmental constraints .


### member states ' obligations to draft renewable energy action plans and progress reports and the commission ' s obligation to report on member states ' progress are essential in order to increase transparency , provide clarity to investors and consumers and allow for effective monitoring . regulation [ governance ] integrates those obligations in the energy union governance system , where planning , reporting and monitoring obligations in the energy and climate fields are streamlined . the transparency platform on renewable energy is also integrated in the broader e - platform established in regulation [ governance ] . ### member states ' obligations to draft renewable energy action plans and progress reports and the commission ' s obligation to report on member states ' progress are essential in order to increase transparency , provide clarity to investors and consumers and allow for effective monitoring . ensuring that citizen are at the centre of the energy transition , member states should develop long - term strategies facilitating the generation of renewable energy by cities , renewable energy communities and self - consumers , within their renewable energy action plans . regulation [ governance ] integrates those obligations in the energy union governance system , where long - term strategies , planning , reporting and monitoring obligations in the energy and climate fields are streamlined . the transparency platform on renewable energy is also integrated in the broader e - platform established in regulation [ governance ] .