### an investigation may also be initiated where there is a surge of imports concentrated in one or several member states , provided that there is sufficient prima facie evidence , as determined on the basis of factors referred to in article 6 . ### an investigation may also be initiated where there is a surge of imports concentrated in one or several member states or outermost regions , provided that there is sufficient prima facie evidence , as determined on the basis of factors referred to in article 6 .


### the investigation shall , where possible , be concluded within six months of its initiation . that time limit may be extended by a further period of three months in exceptional circumstances such as the involvement of an unusually high number of interested parties or complex market situations . the commission shall notify all interested parties of any such extension and explain the reasons therefor . ### the investigation shall , where possible , be concluded within four months of its initiation . that time limit may be extended by a further period of two months in exceptional circumstances such as the involvement of an unusually high number of interested parties or complex market situations . the commission shall notify all interested parties of any such extension and explain the reasons therefor .


### where information is not supplied within the time limits set by the commission , or where the investigation is significantly impeded , the commission may reach a decision on the basis of the available facts . where the commission finds that any interested party or any third party has supplied it with false or misleading information , it shall disregard that information and may make use of the facts available . ### where information is not supplied within the time limits set by the commission , or where the investigation is significantly impeded , the commission may reach a decision on the basis of the available facts . where the commission finds that any interested party or any third party has supplied it with false or misleading information , it shall disregard that information , may make use of the facts available and assess the potential actions to be taken against that party .


### a growing number of key economic sectors , in particular transport , telecommunications , agriculture and energy , increasingly use satellite navigation systems , not to mention the synergies with activities linked to the security and defence of the union and its member states . having full control of satellite navigation should therefore guarantee the union ' s technological independence , including in the longer term for the components of infrastructure equipment , and ensure its strategic autonomy . ### a growing number of key economic sectors , in particular transport , telecommunications , agriculture , food safety and energy , increasingly use satellite navigation systems , not to mention the synergies with activities linked to the security and defence of the union and its member states . having full control of satellite navigation should therefore guarantee the union ' s technological independence , including in the longer term for the components of infrastructure equipment , and ensure its strategic autonomy .


### as part of the data and information processing function , copernicus should ensure the long - term sustainability and further development of the core copernicus services , providing information in order to satisfy public sector needs and those arising from the union’s international commitments , and to maximise opportunities for commercial exploitation . in particular , copernicus should deliver , at the local , national , european and global scale , information on the state of the atmosphere ; information on the state of the oceans ; information in support of land monitoring supporting the implementation of local , national and union policies ; information in support of climate change adaptation and mitigation ; geospatial information in support of emergency management , including through prevention activities , environmental compliance assurance , as well as civil security including support for the union ' s external action . the commission should identify appropriate contractual arrangements fostering the sustainability of service provision . ### as part of the data and information processing function , copernicus should ensure the long - term sustainability and further development of the core copernicus services , providing information in order to satisfy public sector needs and those arising from the union’s international commitments , and to maximise opportunities for commercial exploitation . in particular , copernicus should deliver , at the local , national , european and global scale , information on the state of the atmosphere ; information on the state of the oceans ; information in support of land monitoring supporting the implementation of local , national and union policies ; information in support of climate change adaptation and mitigation ; information on the state of agricultural lands and land use , information on fishing activities , geospatial information in support of emergency management , including through prevention activities , environmental compliance assurance , as well as civil security including support for the union ' s external action . the commission should identify appropriate contractual arrangements fostering the sustainability of service provision .


### ' copernicus core users ' which benefit from copernicus data and copernicus information and have the additional role of driving the evolution of copernicus , comprising the union institutions and bodies and european national , or regional public bodies entrusted with a public service mission for the definition , implementation , enforcement or monitoring of environmental , civil protection , safety or security policies ; ### ' copernicus core users ' which benefit from copernicus data and copernicus information and have the additional role of driving the evolution of copernicus , comprising the union institutions and bodies and european national , or regional public bodies entrusted with a public service mission for the definition , implementation , enforcement or monitoring of environmental , agricultural , sustainable growth , forestry , civil protection , safety or security policies ;


### ‘ other copernicus users’ which benefit from copernicus data and copernicus information and include in particular research and education organisations , commercial and private bodies , charities , non - governmental organisations , and international organisations . ### ‘ other copernicus users’ which benefit from copernicus data and copernicus information and include in particular research and education organisations , commercial and private bodies , legal entities , charities , non - governmental organisations , and international organisations .


### a regional satellite navigation system which consists of centres and stations on the ground and several transponders installed on geosynchronous satellites and which augments and corrects the open signals emitted by galileo and other gnsss , inter alia for air - traffic management and air navigation services ; ### a regional satellite navigation system which consists of centres and stations on the ground and several transponders installed on geosynchronous satellites and which augments and corrects the open signals emitted by galileo and other gnsss , inter alia for air - traffic management and air navigation services , as well as agriculture ;


### an autonomous , user - driven , earth observation system under civil control , offering geo - information data and services , comprising satellites , ground infrastructure , data and information processing facilities , and distribution infrastructure , and fully integrating the needs and requirements of security ; ### an autonomous , user - driven , earth observation system under civil control , offering updated and reliable geo - information data and services , comprising satellites , ground infrastructure , data and information processing facilities , and distribution infrastructure , and fully integrating the needs and requirements regarding the security of union citizens ;


### for galileo and egnos : to provide of state - of - the - art and , where appropriate , secure positioning , navigation and timing services ; ### for galileo and egnos : to provide on a long - term basis state - of - the - art and , where appropriate , secure positioning , navigation and timing services ;


### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital economy ; ### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , water and forest management , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital economy ;


### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital economy ; ### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , fisheries , civil protection , safety and security , as well as the digital economy ;


### a high - accuracy service , which shall be free of charge for users and shall provide , through additional data disseminated in a supplementary frequency band , high - accuracy positioning and synchronisation information intended mainly for satellite navigation applications for professional or commercial use ; ### a high - accuracy service , which shall be free of charge for users and shall provide , through additional data disseminated in a supplementary frequency band , high - accuracy horizontal and vertical positioning and synchronisation information intended mainly for satellite navigation applications for professional or commercial use ;


### data and information processing component , which shall include activities for the generation of value - added information to support environmental monitoring , reporting and compliance assurance , civil protection and security services ; ### data and information processing component , which shall include activities for the generation of standardised value - added information to support water , environmental , agricultural , rural development and forestry monitoring , reporting and compliance assurance , civil protection and security services ;


### actions to provide continuity of existing sentinel missions and to develop , launch , maintain and operate further sentinels expanding the observation scope , giving priority to : observation capacities for monitoring anthropogenic co2 and other greenhouse gas emissions , allowing for polar coverage and enabling innovative environmental applications in agriculture , forest and water management domains ; ### actions to provide continuity of existing sentinel missions and to develop , launch , maintain and operate further sentinels expanding the observation scope , giving priority to : observation capacities for monitoring anthropogenic co2 and other greenhouse gas emissions , allowing for polar coverage and enabling innovative environmental applications in arable and livestock farming , fisheries , forest and water management domains ;


### –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 the degree of land cover , land use and land use change , crop rotation and diversification , soil erosion , contamination and impermeability , the management of chemical substances and waste , 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 , 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 and soils , land use and land use change , urban areas , inland water quantity and quality , forests , agriculture and other natural resources , biodiversity and cryosphere ;


### –climate monitoring change to provide information on anthropogenic co2 and other greenhouse gas emissions , essential climate variables , climate reanalyses , seasonal forecasts , climate projections and attribution , as well as indicators at relevant temporal and spatial scales ; ### –climate monitoring change to provide information on anthropogenic co2 and other greenhouse gas emissions , essential climate variables , climate reanalyses , seasonal forecasts , climate projections and attribution , as well as soil erosion or other indicators at relevant temporal and spatial scales ;


### significant gaps and differences in member states’ laws in the area of fraud and counterfeiting of non - cash means of payment may hamper the fight against this type of crime and other serious and organised crimes related to and enabled by it , and may complicate effective police and judicial cooperation in this area . ### significant gaps and differences in member states’ laws in the area of fraud and counterfeiting of non - cash means of payment may hamper the fight against this type of crime and other serious and organised crimes related to and enabled by it , and may complicate effective police and judicial cooperation in this area with a direct impact on citizens ' security .


### effective and efficient criminal law measures are essential to protect non - cash means of payment against fraud and counterfeiting . in particular , a common criminal law approach is needed to the constituent elements of criminal conduct that contribute to or prepare the way for the actual fraudulent use of means of payment . behaviour such as the collection and possession of payment instruments with the intention to commit fraud , through , for instance , phishing or skimming , and their distribution , for example by selling credit card information on the internet , should thus be made a criminal offence in its own right without being directly linked to the actual fraudulent use of means of payment . so such criminal conduct should also cover circumstances where possession , procurement or distribution does not necessarily lead to fraudulent use of such payment instruments , if the offender is aware of such a possibility . this directive does not sanction the legitimate use of a payment instrument , including and in relation to the provision of innovative payment services , such as services commonly developed by fintech companies . ### effective and efficient criminal law measures are essential to protect non - cash means of payment against fraud and counterfeiting . in particular , a common criminal law approach is needed to the constituent elements of criminal conduct that contribute to or prepare the way for the actual fraudulent use of means of payment or of any information which allows access to a payment account , the initiation of a transaction or the counterfeiting or falsification of a payment instrument . collecting , obtaining or possessing payment instruments or relevant information , for oneself or another , with the intention to commit fraud , through , for instance , phishing or skimming , and their distribution , for example by selling credit card information on the internet , should thus be made a criminal offence in its own right without being directly linked to the actual fraudulent use of means of payment . so such criminal conduct should also cover circumstances where possession , procurement or distribution does not necessarily lead to fraudulent use of such payment instruments , if the offender is aware of such a possibility . this directive does not sanction the legitimate use of a payment instrument , including and in relation to the provision of innovative payment services , such as services commonly developed by fintech companies .


### 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 , adequate investigative tools 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 .


### 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 aim at facilitating the reporting of crime and should include the establishment of secure national online fraud - reporting systems . 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 .


### natural persons who are victims of fraud related to non - cash means of payment have rights conferred under directive 2012 / 29 / eu of the european parliament and the council50 . member states should adopt measures of assistance and support to such victims which build on the measures required by directive 2012 / 29 / eu but respond more directly to the specific needs of victims of fraud related to identity theft . such measures should include , in particular , specialised psychological support and advice on financial , practical and legal matters , as well as assistance in receiving available compensation . specific information and advice on protection against the negative consequences of such crime should be offered to legal persons as well . __________________ 50 directive 2012 / 29 / eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha . ### natural persons who are victims of fraud related to non - cash means of payment have rights conferred under directive 2012 / 29 / eu of the european parliament and the council50 . member states should adopt measures of assistance and support to such victims which build on the measures required by directive 2012 / 29 / eu but respond more directly to the specific needs of victims of fraud related to identity theft . such measures should include , in particular , the provision of a list of dedicated institutions covering different aspects of identity - related crime and victim support , specialised psychological support and advice on financial , practical and legal matters , as well as assistance in receiving available compensation . member states should also be able to set up a national single online information tool to facilitate access to assistance and support for victims . specific information and advice on protection against the negative consequences of such crime should be offered to legal persons as well . __________________ 50 directive 2012 / 29 / eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha .


### theft or other unlawful appropriation of a payment instrument ; ### theft or other unlawful appropriation of a payment instrument ; concerning a digital payment instrument , unlawful appropriation shall at least be presumed where access to it has involved the infringement of a security measure ;


### possession , procurement for use , import , export , sale , transport , distribution or otherwise making available of a stolen or otherwise unlawfully appropriated , or of a counterfeited or falsified payment instrument in order for it to be used fraudulently . ### procurement for oneself or another , including import , export , sale and distribution of a payment instrument which has been stolen or otherwise unlawfully appropriated , or of a payment instrument counterfeited or falsified by another , in order for it to be used fraudulently .


### 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 causing a transfer of money , monetary value or virtual currencies , and thereby causing an unlawful loss of property for another person , 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 , when committed intentionally with fraudulent purpose , the production , procurement for use , import , export , sale , transport , distribution or otherwise making available of a device or an instrument , computer data or any other means specifically designed or adapted for the purpose of committing any of the offences referred to in article 4 and or article 5 , is punishable as a criminal offence . ### member states shall take the necessary measures to ensure that the production , procurement for oneself or another , import , export , sale , transport , distribution or otherwise making available of a device or an instrument , computer data or any other means specifically designed or adapted for the purpose of committing any of the offences referred to in article 4 and or article 5 , is punishable as a criminal offence , when committed with the intention that these means be used to commit any of the said offences .


### member states shall take the necessary measures to ensure that the attempt to commit an offence referred to in articles 3 to 6 is punishable as a criminal offence . ### member states shall take the necessary measures to ensure that the attempt to commit an offence referred to in article 3 , points and of article 4 and article 5 is punishable as a criminal offence .


### member states shall take the necessary measures to ensure that the offences referred to in articles 3 , 4 and 5 are punishable by a maximum term of imprisonment of at least three years . ### member states shall take the necessary measures to ensure that the offences referred to in articles 3 , 4 and 5 are punishable by a minimum term of imprisonment of at least two years .


### member states shall take the necessary measures to ensure that the offences referred to in article 6 are punishable by a maximum term of imprisonment of at least two years . ### member states shall take the necessary measures to ensure that the offences referred to in article 6 are punishable by a minimum term of imprisonment of at least one year .


### member states shall take the necessary measures to ensure that offences referred to in articles 3 , 4 and 5 are punishable by a maximum term of imprisonment of at least five years if : ### member states shall take the necessary measures to ensure that offences referred to in articles 3 , 4 and 5 are punishable by a minimum term of imprisonment of at least three years if :


### member states shall take the necessary measures to ensure that a legal person held liable pursuant to article 9 is subject to effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and which may include other sanctions , such as : ### member states shall take the necessary measures to ensure that a legal person held liable pursuant to article 9 and 9 is subject to effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and which may include other sanctions , such as :


### 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 system , 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 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 . ### 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 , and fraud using computer and information systems in particular , raising awareness and reducing the risk of becoming a victim of fraud .


### a major disruption of the gas supply can affect all member states , the union as a whole and contracting parties to the treaty establishing the energy community , signed in athens on 25 october 2005 . it can also severely damage the union economy and can have a major social impact , particularly on vulnerable groups of customers . ### a major disruption of the gas supply even in one member state can affect all member states , the union as a whole and contracting parties to the treaty establishing the energy community , signed in athens on 25 october 2005 . it can also severely damage the union economy and can have a major social impact , particularly on vulnerable groups of customers .


### the commission’s communication on the short - term resilience of the european gas system from october 201413 analysed the effects of a partial or complete disruption of gas supplies from russia and concluded that purely national approaches are not very effective in the event of severe disruption , given their scope , which is by definition limited . this stress test showed how a more cooperative approach among member states could significantly reduce the impact of very severe disruption scenarios in the most vulnerable member states . __________________ 13 com 654 final . ### the commission’s communication on the short - term resilience of the european gas system from october 201413 analysed the effects of a partial or complete disruption of gas supplies from russia and concluded that purely national approaches are not very effective in the event of severe disruption , given their scope , which is by definition limited , and the inadequate coordination , especially at regional level . this stress test showed how a more cooperative approach among member states could significantly reduce the impact of very severe disruption scenarios in the most vulnerable member states . __________________ 13 com 654 final .


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


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


### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should be entitled to deploy a task force to monitor gas flows into the union in crisis situations , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator . ### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . this can be achieved when energy and external policies are coordinated in a consistent manner . the commission should be entitled to deploy a task force to monitor gas flows into the union in crisis situations , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator .


### in so far as an investment for enabling or enhancing permanent bi - directional capacity is not required by the market and where that investment incurs costs in more than one member state or in one member state for the benefit of another member state , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation before any investment decision is taken . the cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the member states concerned as well as investments already made in the infrastructure in question . ### in so far as an investment for enabling or enhancing permanent bi - directional capacity is not required by the market and where that investment incurs costs in more than one member state or in one member state for the benefit of another member state , the national regulatory authorities of all member states concerned shall jointly decide on cost allocation before any investment decision is taken . the cost allocation shall in particular take into account the proportion of the benefits of the infrastructure investments for the increase of security of supply of the member states concerned as well as investments already made in the infrastructure in question . sufficient union funding should be available to the member states to facilitate those investments .


### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out by : ### the competent authorities of each region as listed in annex i shall jointly make a comprehensive assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political , economic and other risks . the risk assessment shall be carried out by :


### the second sentence of article 3 , article 3 , article 4 , and , article 5 , point of article 6 , points and of article 7 , points , , , of article 8 , point and of article 8 , points and of article 9 , article 9 , article 10 , article 11 and article 12 shall create obligations for the members states towards an energy community contracting party subject to the following procedure : ### the second sentence of article 3 , article 3 , article 4 , and , article 5 , point of article 6 , points and of article 7 , points , , , of article 8 , point and of article 8 , points and of article 9 , article 9 , article 10 , article 11 and article 12 shall create reciprocal obligations between the members states and the energy community contracting party subject to the following procedure :


### 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 should be mainly financed from the general budget of the union , by fees and by voluntary contributions , without compromising the agency ' s neutrality or independence . 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 / 2013 33 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 .


### through the cooperation of national regulators within the agency it is evident that majority decisions are a key pre - requisite to achieve progress on matters concerning the internal energy market which have significant economic effects in various member states . national regulators should therefore vote with simple majority within the board of regulators . ### through the cooperation of national regulators within the agency it is evident that majority decisions are a key pre - requisite to achieve progress on matters concerning the internal energy market which have significant economic effects in various member states . national regulators should therefore vote with two - thirds majority within the board of regulators . where appropriate the agency should be accountable to the commission , the council and the european parliament .


### through the cooperation of national regulators within the agency it is evident that majority decisions are a key pre - requisite to achieve progress on matters concerning the internal energy market which have significant economic effects in various member states . national regulators should therefore vote with simple majority within the board of regulators . ### through the cooperation of national regulators within the agency it is evident that majority decisions are a key pre - requisite to achieve progress on matters concerning the internal energy market which have significant economic effects in various member states . national regulators should therefore continue to vote with two - thirds majority within the board of regulators . the agency should be accountable to the european parliament , the council and the commission , where appropriate .


### 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 , collect and share data and establish a european register of market participants in accordance with article 7 to 12 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 and protections laid down in [ recast electricity directive as proposed by com 864 / 2 ] and directive 2009 / 73 / ec , the impact of market developments on household customers , 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 members of the administrative board shall undertake to act independently and objectively in the public interest for that purpose , each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence . those declarations shall be made public annually . ### without prejudice to the role of the members appointed by the commission , the members of the administrative board shall undertake to act independently and objectively in the public interest , without seeking or following any political instructions . for that purpose , each member shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which may be considered prejudicial to his independence or any direct or indirect interest which might be considered prejudicial to his independence . those declarations shall be made public annually .


### in accordance with article 20 and article 25 and in line with the preliminary draft budget established in accordance with article 33 , approve the work programme of the agency for the coming year and present it by 1 september of each year for adoption by the administrative board . ### in accordance with article 20 and article25 and in line with the preliminary draft budget established in accordance with article 33 to , approve the annual work programme of the agency ) for the coming year and present it by 30 september of each year for adoption by the administrative board .


### the director shall be appointed by the administrative board following a favourable opinion of the board of regulators , on the basis of merit as well as skills and experience relevant to the energy sector , from a list of at least three candidates proposed by the commission , following an open and transparent selection procedure . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . for the purpose of concluding the contract with the director , the agency shall be represented by the chairman of the administrative board ### the director shall be appointed by the board of regulators , after confirmation by the european parliament on the basis of merit as well as skills and experience relevant to the energy sector , following an open and transparent selection procedure . before appointment , the candidate selected by the board of regulators may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . for the purpose of concluding the contract with the director , the agency shall be represented by the chairman of the board of regulators


### fees shall be due to the agency for requesting an exemption decision pursuant to article 11 and for decisions on cross border cost allocation provided by the agency pursuant to article 12 of regulation no 347 / 201339 . __________________ 39 oj l 115 , 25 . 4 . 2013 , p . 39 . ### fees shall be due to the agency for each of the following : requesting an exemption decision pursuant to article 11 of this regulation ; requesting decisions on cross - border cost allocation provided by the agency pursuant to article 12 of regulation no 347 / 201339 ; registration of reporting parties in accordance with the third subparagraph of article 11 of commission implementing regulation no 1348 / 201439a ; monitoring the execution of the tasks of the entso for electricity and of the entso for gas pursuant to article 4 of this regulation . __________________ 39 oj l 115 , 25 . 4 . 2013 , p . 39 . 39a commission implementing regulation no 1348 / 2014 of 17 december 2014 on data reporting implementing article 8 and article 8 of regulation no 1227 / 2011 of the european parliament and of the council .


### the translation services required for the functioning of the agency shall be provided by the translation centre for the bodies of the european union . ### the translation services required for the functioning of the agency shall be provided by the translation centre for the bodies of the european union or other translation service providers in accordance with the procurement rules and within the limits established by the relevant financial rules .


### no later than five years after the entry into force of the present regulation , and every five years thereafter , the commission , with the assistance of an independent external expert , shall carry out an evaluation to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall in particular address the possible need to modify the mandate of the agency , and the financial implications of any such modification . ### no later than five years after the entry into force of the present regulation , and every five years thereafter , the commission , with the assistance of an independent external expert , shall carry out an evaluation to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall in particular address the possible need to modify the mandate of the agency , and the financial implications of any such modification , in accordance with the principle of performance - based budgeting .


### where the commission considers that the continuation of the agency is no longer justified with regard to its assigned objectives , mandate and tasks , it may propose that this regulation be amended accordingly or repealed ### where the commission considers that the continuation of the agency is no longer justified with regard to its assigned objectives , mandate and tasks , it shall consult the board of regulators . board of regulators shall issue an opinion on future roles of the agency within 12 months of receiving the commission request . commission , while taking duly into account the opinion of the board of regulators , may propose that this regulation is amended accordingly or repealed .


### ' traditional food from a third country ' means novel food , other than the novel food as referred to in point to , which is derived from primary production , with a history of safe food use in a third country ; ### ' traditional food from a third country ' means novel food , other than the novel food as referred to in point to , which is derived from primary production regardless of whether or not they are processed or unprocessed food , with a history of safe food use in a third country ;


### implementing power concerning the definition of novel food in article 2 ### delegation of power


### in order to ensure the uniform implementation of this regulation , the commission may decide , by means of implementing acts , whether or not a particular food falls within the definition of novel food , as laid down in article 2 . ### the commission shall be empowered to adopt delegated acts in accordance with article 27a concerning the definition of novel food in point of article 2 as well as the authorisation of a traditional food from a third country and updating of the union list referred to in article 17 .


### within three months of the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act to authorise the placing on the market within the union of the traditional food from a third country and to update the union list , taking into account the following : ### within three months of the date of publication of efsa ' s opinion , the commission shall adopt a delegated act to authorise the placing on the market within the union of the traditional food from a third country and to update the union list , taking into account the following :


### the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 ; ### the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 , based on efsa guidelines ;


### the executive director and the host member state shall draw up an operational plan within three working days from the day on which the decision to deploy the asylum support teams is taken . ### the executive director and the host member state shall draw up an operational plan within three working days from the day on which the decision to deploy the asylum support teams is taken , but no later than two weeks from the date of receiving the assistance request .


### the agency shall cooperate with agencies , bodies and offices of the union having activities relating to its field of activity , in particular the european union agency for fundamental rights and the european agency for the management of operational cooperation at the external borders of the member states and which are competent in matters covered by this regulation . ### the agency shall cooperate with agencies , bodies and offices of the union having activities relating to its field of activity , in particular the european union agency for fundamental rights and the european border and coast guard agency and which are competent in matters covered by this regulation .


### no later than three years from the day of entry into force of this regulation , and every five years thereafter , the commission shall commission an evaluation to assess , in particular , the agency ' s performance in relation to its objectives , mandate and tasks . that evaluation shall cover the agency ' s impact on practical cooperation on asylum - related matters and on the ceas . the evaluation shall take due regard of progress made , within its mandate , including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with member states subject to particular pressure . ### no later than three years from the day of entry into force of this regulation , and every five years thereafter , the commission shall present an evaluation to assess , in particular , the agency ' s performance in relation to its objectives , mandate and tasks . that evaluation shall cover the agency ' s impact on practical cooperation on asylum - related matters and on the ceas . the evaluation shall take due regard of progress made , within its mandate , including assessing whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with member states subject to particular pressure .


### support schemes for electricity generated from renewable sources have proved to be an effective way of fostering deployment of renewable electricity . if and when member states decide to implement support schemes , such support should be provided in a form that is as non - distortive as possible for the functioning of electricity markets . to this end , an increasing number of member states allocate support in a form where support is granted in addition to market revenues . ### support schemes for energy generated from renewable sources have proved to be an effective way of fostering deployment of renewables . if and when member states decide to implement support schemes , such support should be provided in a form that is as non - distortive as possible for the functioning of energy markets . to this end , an increasing number of member states allocate support in a form where support is granted in addition to market revenues . member states should choose the most appropriate form of support for small scale and demonstration projects , taking into account the technical and economical inability of these installations and of small investors to respond to market price signals .


### without prejudice to adaptations of support schemes to bring them in line with state aid rules , renewables support policies should be stable and avoid frequent changes . such changes have a direct impact on capital financing costs , the costs of project development and therefore on the overall cost of deploying renewables in the union . member states should prevent the revision of any support granted to renewable energy projects from having a negative impact on their economic viability . in this context , member states should promote cost - effective support policies and ensure their financial sustainability . ### renewables support policies should be stable and avoid any frequent and retroactive changes . such changes have a direct impact on capital financing costs , the costs of project development and therefore on the overall cost of deploying renewables in the union . member states should prevent the revision of any support granted to renewable energy projects from having a negative impact on their economic viability . in this context , member states should promote cost - effective support policies , maintain a stable and transparent policy framework and ensure financial sustainability , which are essential for the successful and efficient development and penetration of renewable energy options across the union . member states should also remove all measures that directly or indirectly favour the use of polluting sources .


### 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 consumers and investors 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 ] .


### local citizen participation in renewable energy projects through renewable energy communities has resulted in substantial added value in terms of local acceptance of renewable energy and access to additional private capital . this local involvement will be all the more crucial in a context of increasing renewable energy capacity in the future . ### local citizen participation in renewable energy projects through renewable energy communities has resulted in substantial added value in terms of local acceptance of renewable energy and access to additional private capital . this local involvement must be initiated immediately , since it will be all the more crucial in a context of increasing renewable energy capacity in the future .


### several member states have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target . however , in the absence of binding national targets post - 2020 , the remaining national incentives may not be sufficient to reach the long - term decarbonisation goals for 2030 and 2050 . in order to be in line with such goals , reinforce investor certainty and foster the development of a union - wide renewable heating and cooling market , while respecting the energy efficiency first principle , it is appropriate to encourage the effort of member states in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy . given the fragmented nature of some heating and cooling markets , it is of utmost importance to ensure flexibility in designing such an effort . it is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side - effects . ### several member states have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target . however , in the absence of binding national targets post - 2020 , the remaining national incentives may not be sufficient to reach the long - term decarbonisation goals for 2030 and 2050 . in order to be in line with such goals , reinforce investor certainty and foster the development of a union - wide renewable heating and cooling market , while respecting the energy efficiency first principle , it is appropriate to require member states to set binding renewable energy targets in the heating and cooling sector . given the fragmented nature of some heating and cooling markets , it is of utmost importance to ensure flexibility in designing and implementing such a requirement and to ensure that those member states already enjoying high penetration rates of renewables are not overly burdened . it is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side - effects and , to that end , the sustainability criteria for biomass are important . given that many installers of heating and cooling equipment are smes , strengthened provisions in this sector will represent an important opportunity for their growth , and member states should provide incentives to smes by applying a multiplication factor .


### several member states have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target . however , in the absence of binding national targets post - 2020 , the remaining national incentives may not be sufficient to reach the long - term decarbonisation goals for 2030 and 2050 . in order to be in line with such goals , reinforce investor certainty and foster the development of a union - wide renewable heating and cooling market , while respecting the energy efficiency first principle , it is appropriate to encourage the effort of member states in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy . given the fragmented nature of some heating and cooling markets , it is of utmost importance to ensure flexibility in designing such an effort . it is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side - effects . ### several member states have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target . however , in the absence of binding national targets post - 2020 , the remaining national incentives may not be sufficient to reach the long - term decarbonisation goals for 2030 and 2050 . in order to be in line with such goals , reinforce investor certainty and foster the development of a union - wide renewable heating and cooling market , while respecting the energy efficiency first principle , it is appropriate to encourage the effort of member states in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy . given the fragmented nature of some heating and cooling markets , it is of utmost importance to ensure flexibility in designing such an effort . it is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental side - effects for the environment and public health .


### biofuels , bioliquids and biomass fuels should always be produced in a sustainable manner . biofuels , bioliquids and biomass fuels used for compliance with the union target laid down in this directive , and those which benefit from support schemes , should therefore be required to fulfil sustainability and greenhouse gas emissions savings criteria . ### biofuels , bioliquids and biomass fuels should always be produced in a sustainable manner , and steps should be taken to ensure that the raw materials are in fact used in an environmentally friendly way . biofuels , bioliquids and biomass fuels used for compliance with the union target laid down in this directive , and those which benefit from support schemes , should therefore be required to fulfil sustainability and greenhouse gas emissions savings criteria .


### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands . such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes . forests should be considered as biodiverse according to the sustainibility criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards . ### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands . such exhaustible resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural or forest raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural or forest raw material does not interfere with such purposes . the sustainable production of agricultural raw material for biofuels , bioliquids and biomass fuels should be based on the local and regional processing of resources . local and regional value chains should therefore be boosted at the same time . forests should be considered as biodiverse according to the sustainability criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards .


### this directive establishes a common framework for the promotion of energy from renewable sources . it sets a binding union target for the overall share of energy from renewable sources in gross final consumption of energy in 2030 . it also lays down rules on financial support to electricity produced from renewable sources , self - consumption of renewable electricity , and renewable energy use in the heating and cooling and transport sectors , regional cooperation between member states and with third countries , guarantees of origin , administrative procedures and information and training . it establishes sustainability and greenhouse gas emissions saving criteria for biofuels , bioliquids and biomass fuels . ### this directive establishes a common framework for the promotion of energy from renewable sources . it sets binding minimum targets for the overall share of energy from renewable sources in gross final consumption of energy and for the share of energy from renewable sources in transport in 2030 . the union target is to be collectively achieved by member states through binding national targets . it also lays down rules on financial support to electricity produced from renewable sources , self - consumption of renewable energy , renewable energy communities and their cross - border cooperation , renewable energy use in the heating and cooling and transport sectors , regional cooperation among member states as well as with third countries , guarantees of origin , administrative procedures and information and training . it establishes sustainability and greenhouse gas emissions saving criteria for biofuels , bioliquids and biomass fuels .


### ‘ bioliquids’ means liquid fuel for energy purposes other than for transport , including electricity and heating and cooling , produced from biomass ; ### ‘ bioliquids’ means liquid fuel for energy purposes other than for transport , including electricity and heating and cooling , produced from biomass or by biomass ;


### ‘ advanced biofuels’ means biofuels that are produced from feedstocks listed in part a of annex ix ; ### ‘ advanced biofuels’ means biofuels such as those that are produced from feedstocks listed in part a of annex ix and biomass other than food / feed crops when they fulfil the eu sustainability regime ;


### ‘ waste - based fossil fuels’ : means liquid and gaseous fuels produced from waste streams of non - renewable origin , including waste processing gases and exhaust gases ; ### ‘ waste - based fossil fuels’ : means liquid and gaseous fuels produced from waste streams of non - renewable origin , including waste processing gases and exhaust gases ; in particular , which , recombined with hydrogen , may constitute a solution for using co2 by the production of new synthetic fuels ;


### member states shall collectively ensure that the share of energy from renewable sources in the union ' s gross final consumption of energy in 2030 is at least 27% . ### member states shall ensure that the share of energy from renewable sources in their gross final consumption of energy in 2030 is at least their national binding target . the sum of the national binding targets corresponds to a union binding target of at least 35% .


### ambient heat energy captured by heat pumps shall be taken into account for the purposes of paragraph 1 provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps . the quantity of heat to be considered as energy from renewable sources for the purposes of this directive shall be calculated in accordance with the methodology laid down in annex vii . ### ambient heat energy transferred by heat pumps for the production of heating or cooling shall be taken into account for the purposes of paragraph 1 provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps . the quantity of heat to be considered as energy from renewable sources for the purposes of this directive shall be calculated in accordance with the methodology laid down in annex vii . the quantity of network cooling to be considered as energy from renewable sources for the purposes of this directive shall be calculated in accordance with the methodology laid down in annex viia . ambient cooling transferred by free cooling technology must be considered as energy from renewable sources for the purposes of paragraph 1 .


### member states shall ensure that their competent authorities at national , regional and local level include provisions for the integration and deployment of renewable energy and the use of unavoidable waste heat or cold when planning , designing , building and renovating urban infrastructure , industrial or residential areas and energy infrastructure , including electricity , district heating and cooling , natural gas and alternative fuel networks . ### member states shall encourage that their competent authorities at national , regional and local level include provisions for the integration and deployment of renewable energy and the use of unavoidable waste heat or cold when planning , designing , building and renovating urban infrastructure , industrial or residential areas and energy infrastructure , including electricity , district heating and cooling , natural gas and alternative fuel networks .


### member states shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter . ### member states shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling . that assessment should specifically consider the potential for small - scale households projects . it should also include an evaluation of the potential and barriers to engage with the energy transition of the vulnerable citizens affected by energy poverty . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter .


### where an electricity supplier is required to prove the share or quantity of energy from renewable sources in its energy mix for the purposes of article 3 of directive 2009 / 72 / ec , it shall do so by using guarantees of origin . likewise , guarantees of origin created pursuant to article 14 of directive 2012 / 27 / ec shall be used to substantiate any requirement to prove the quantity of electricity produced from high - efficiency cogeneration . member states shall ensure that transmission losses are fully taken into account when guarantees of origin are used to demonstrate consumption of renewable energy or electricity from high efficiency cogeneration . ### where an electricity supplier is required to prove the share or quantity of energy from renewable sources in its energy mix for the purposes of article 3 of directive 2009 / 72 / ec , it may do so by using guarantees of origin . where member states have arranged to have guarantees of origin for other types of energy , suppliers shall always use for disclosure the same type of guarantees of origin as the energy supplied . likewise , guarantees of origin created pursuant to article 14 of directive 2012 / 27 / ec may be used to substantiate any requirement to prove the quantity of electricity produced from high - efficiency cogeneration . in relation to paragraph 2 , where electricity is generated from cogeneration using renewable sources only one guarantee of origin may be issued specifying both characteristics . member states shall ensure that transmission losses are fully taken into account when guarantees of origin are used to demonstrate consumption of renewable energy or electricity from high efficiency cogeneration .


### subject to their assessment included in the integrated national energy and climate plans in accordance with annex i of regulation [ governance ] , on the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources in order to achieve the union target referred to in article 3 of this directive , member states shall , where relevant , take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large biomass , solar and geothermal facilities . ### subject to their assessment included in the integrated national energy and climate plans in accordance with annex i of regulation [ governance ] , on the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources in order to achieve the union target referred to in article 3 of this directive , member states shall , where relevant , take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large sustainable biomass , ambient heat in large heat pumps , solar and geothermal facilities as well as surplus heat from industry and other sources .


### member states shall ensure that renewable self - consumers living in the same multi - apartment block , or located in the same commercial , or shared services , site or closed distribution system , are allowed to jointly engage in self - consumption as if they were an individual renewable self - consumer . in this case , the threshold set out in paragraph 1 shall apply to each renewable self - consumer concerned . ### member states shall ensure that renewable self - consumers living in the same multi - apartment block , or located in the same farm , commercial or shared services , site or closed distribution system , are allowed to jointly engage in self - consumption as if they were an individual renewable self - consumer . in this case , the threshold set out in paragraph 1 shall apply to each renewable self - consumer concerned .


### shareholders or members are natural persons , local authorities , including municipalities , or smes operating in the fields or renewable energy ; ### shareholders or members are natural persons , regional or local authorities , including municipalities , or smes operating in the fields or renewable energy ;


### without prejudice to state aid rules , when designing support schemes , member states shall take into account the specificities of renewable energy communities . ### when designing support schemes , member states shall take into account the specificities of renewable energy communities , including , in particular , communities with low - income households affected by energy poverty .


### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling by at least 1 percentage point every year , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 . ### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling , in particular by supporting innovative technologies such as heat pumps , geothermal and solar thermal technologies , by at least 1 percentage point every year , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 .


### the share of renewable energy in the total amount of energy supplied for heating and cooling ; and ### the share of renewable energy and waste heat and cold in the total amount of energy supplied for heating and cooling ; and


### non - natural , namely grassland that would cease to be grassland in the absence of human intervention and which is species - rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority , unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland . ### non - natural , namely grassland that would cease to be grassland in the absence of human intervention and which is species - rich and not degraded or has been identified as being highly biodiverse by the relevant competent authority , unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland .


### has submitted a nationally determined contribution to the united nations framework convention on climate change , covering emissions and removals from agriculture , forestry and land use which ensures that either changes in carbon stock associated with biomass harvest are accounted towards the country ' s commitment to reduce or limit greenhouse gas emissions as specified in the ndc , or there are national or sub - national laws in place , in accordance with article 5 of the paris agreement , applicable in the area of harvest , to conserve and enhance carbon stocks and sinks ; ### has submitted a nationally determined contribution to the united nations framework convention on climate change , covering emissions and removals from agriculture , forestry and land use which ensures that either changes in carbon stock associated with biomass harvest are accounted towards the country ' s commitment to reduce or limit greenhouse gas emissions as specified in the ndc , or there are national or sub - national laws in place , in accordance with article 5 of the paris agreement , and that land sector emissions do not exceed removals , applicable in the area of harvest , to conserve and enhance carbon stocks and sinks ;


### the commission may establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6 , by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 . ### by 1 january 2021 , the commission shall establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6 , by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 .


### the commission may decide , by means of an implementing act adopted in accordance with the examination procedure referred to in article 31 , that the reports referred to in paragraphs 2 and 3 of this article contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of agriculture biomass feedstocks produced in the areas included in such reports for the purposes of article 26 . these data may therefore be used instead of the disaggregated default values for cultivation laid down in part d or e of annex v for biofuels and bioliquids and in part c of annex vi for biomass fuels . ### the commission may decide , by means of an implementing act adopted in accordance with the examination procedure referred to in article 31 , that the reports referred to in paragraphs 2 and 3 of this article contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of agriculture and forestry biomass feedstocks produced in the areas included in such reports for the purposes of article 26 . these data may therefore be used instead of the disaggregated default values for cultivation laid down in part d or e of annex v for biofuels and bioliquids and in part c of annex vi for biomass fuels .


### emission saving from carbon capture and replacement , eccr , shall be related directly to the production of biofuel or bioliquid they are attributed to , and shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used in the energy or transport sector . ### emission saving from carbon capture and replacement or use , eccru , of co2 generated by the production of biofuel or bioliquid shall be limited to emissions avoided through the capture of co2 which is used for commercial purposes .


### biomass fraction of industrial waste not fit for use in the food or feed chain , including material from retail and wholesale and the agro - food and fish and aquaculture industry , and excluding feedstocks listed in part b of this annex . ### biomass residues resulting from other renewable industrial production not fit for use in the food chain , feed chain or for reprocessing into non - food material . this includes material resulting from retail and wholesale and the bio - based chemical productions , agro - food and fish and aquaculture industry , excluding feedstocks listed in part b of this annex .


### biomass fraction of wastes and residues from forestry and forest - based industries , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin . ### biomass fraction of residual wastes and residues from forest - based industries that does not cause displacement of the existing material use of the residues , i . e . bark , branches , pre - commercial thinnings , leaves , needles , tree tops , saw dust , cutter shavings , black liquor , brown liquor , fibre sludge , lignin .


### the outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to article 349 of the tfeu and article 2 of protocol no 6 to the 1994 act of accession . ### the periphery and outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to article 349 of the tfeu and article 2 of protocol no 6 to the 1994 act of accession , in order to increase social cohesion .


### horizontal principles as set out in article 3 of the treaty on the european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu should be respected in the implementation of the funds , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in article 11 and article 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with union state aid rules as set out in articles 107 and 108 of the tfeu . ### the basic values of the eu as set out in article 2 of the treaty on the european union and the horizontal principles as set out in article 3 of the treaty on the european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu should be respected in the implementation of the funds , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in article 11 and article 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with union state aid rules as set out in articles 107 and 108 of the tfeu . poverty being one of the greatest challenges in the eu , all the funds under cpr shall contribute to the elimination of poverty . furthermore , all the funds under cpr shall contribute to fulfilling the commitment of the union and its member states to achieving the sustainable development goals .


### horizontal principles as set out in article 3 of the treaty on the european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu should be respected in the implementation of the funds , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in article 11 and article 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with union state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on the european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu should be respected in the implementation of the funds , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation or social exclusion . the objectives of the funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in article 11 and article 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with union state aid rules as set out in articles 107 and 108 of the tfeu .


### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the funds , the european investment stabilisation function and investeu . ### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of these reform priorities . these strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the funds , the european investment stabilisation function and investeu . these strategies should also be in line with other union funds , programmes and instruments , such as the post - 2020 eu framework for national roma integration strategies .