### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . consequently , this regulation should apply to traders as well as service providers , and to goods as well as services . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , unjustified geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their country of origin or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on country of origin or place of residence may arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive , but which need to be tackled . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . ### for the purposes of ensuring the good functioning of the internal market and guaranteeing the free movement of people , goods and services without discrimination based on country of origin or place of residence , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . these measures should maintain a balance between consumer protection and economic and contractual freedom for traders .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing unjustified discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect unjustified discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' nationality or place of residence . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the consumer ' s payment instrument has been issued .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customer’s nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer’s payment instrument has been issued . ### this regulation aims at preventing discrimination based on customers ' place of origin or place of residence , in cross - border commercial transactions between traders and consumers relating to the sales of goods and the provision of intangible goods and services within the union . it seeks to prevent direct as well as indirect discrimination . indirect discrimination should be understood to mean the application of distinguishing criteria other than the consumer´s country of origin or place of residence , which lead either in a determined manner or statistically to the same result as the direct application of those same criteria . it also seeks to cover unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' country of origin , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the consumer ' s payment instrument has been issued . this regulation should therefore prohibit the unjustified blocking of access to websites and other online undertakings , and the rerouting of consumers from one country version to another , discrimination against consumers in specific cases of the sale of goods and services and the circumventing of that prohibition on discrimination in passive sales agreements .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should be without prejudice to acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . for that reason , and in order to ensure legal certainty for traders complying with this regulation , it should be made clear that the mere fact that a trader makes its online interface accessible for customers from another member state or does not apply different general conditions of access in the cases laid down in this regulation , including where relevant through the conclusion of contracts , or accepts payment instruments from another member state , should not in itself be regarded , for the purpose of determining the applicable law and jurisdiction , as indicating that the trader ' s activities are directed to the member state of the customer , unless additional elements are proved from which the existence of an intention on the part of the trader to direct activities to such member states in accordance with union law can be concluded . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , requirements based on telephone prefixes , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality or place of residence . such technological measures can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with consumers .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices but not limited to them , traders or any other parties acting on their behalf , including intermediaries and operators of online interfaces for the purposes of access , should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , but not be limited to , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , surfing history and / or patterns , gsm tracking or localisation , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### certain traders operate different versions of their online interfaces , targeting customers from different member states . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . all versions of the online interface should remain easily accessible to the customer at all times . ### certain traders operate different versions of their online interfaces , targeting customers from different member states , which can cause significant differences on product and price offers to certain groups of consumers . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . all versions of the online interface should remain easily accessible to the customer at all times .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s country of origin or place or residence could be justified only if it is necessary to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law with which the trader must comply when carrying on commercial activities in the member state concerned . such laws might limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in a certain member state . traders should not be prevented from complying with such requirements and thus should be able to block or limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that may be necessary for that reason . in this regard , a consumer should be notified on an online interface about the purpose of blocking , limiting or redirection to an alternative version of an online interface .


### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in a number of specific situations , any differences in the treatment of consumers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the consumer ' s nationality or place of residence cannot be objectively justified . in those situations , all such discrimination should be prohibited and consumers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local consumer and have full and equal access to any of the different goods or services offered irrespective of their nationality or place of residence . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of consumers with targeted offers and differing terms and conditions , including through the setting - up of member state specific online interfaces , possibly offering different prices .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the consumer in the premises of or at a location chosen by the trader and different from the member state of which the consumer is a national or in which the consumer has his or her place of residence , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state .


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain territories , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . in addition , laws of member states may require that electronically supplied services and electronically supplied publications should be able to benefit from the same preferential vat rate treatment as publications on any means of physical support , in line with council directive amending directive 2006 / 112 / ec , as regards rates of value added tax applied to books , newspapers and periodicals . traders should not be prevented from complying with such laws in as far as necessary and in as far as the union ' s principles and legislation , and the fundamental rights enshrined in the charter of fundamental rights of the european union , are complied with .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept . in accordance with regulation 2015 / 751 of the european parliament and of the council 1a and directive 2007 / 64 / ec of the european parliament and of the council1b , traders accepting a card - based payment instrument of a specific payment brand and category are under no obligation to accept card - based payment instruments of the same category but of a different brand , or of the same brand but of a different category . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . the european commission should assess the use of incentives to promote the use of european payment services . moreover , the commission should assess whether to provide the legal framework that allows , subject to the freedom of contract principle , the protection of undertakings and consumers when the transaction is carried through alternative modes of payment , including virtual currencies , other blockchain type transactions and e - wallets . the personal data created by the e - commerce transactions should be stored in data centres in the union , regardless of the location that the seat of the payment company is incorporated , unless the transfer of such data to a third country takes place in accordance with regulation 2016 / 679 and ensures adequate levels of protection for the consumers and the undertakings . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . traders should remain free to request charges for the use of a payment instrument . however , this right should be subject to the restrictions introduced by article 62 of directive 2015 / 23661c , meaning amongst others that these additional charges cannot be higher than the actual cost the trader has incurred . __________________ 1a regulation 2015 / 751 of the european parliament and of the council of 29 april 2015 on interchange fees for card - based payment transactions . 1b directive 2007 / 64 / ec of the european parliament and of the council of 13 november 2007 on payment services in the internal market amending directives 97 / 7 / ec , 2002 / 65 / ec , 2005 / 60 / ec and 2006 / 48 / ec and repealing directive 97 / 5 / ec . 1c directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively addressing direct and indirect unjustified discrimination based on the nationality or place of residence of consumers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable consumers to fully benefit from those rules .


### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on nationality , place of residence or place of establishment of customers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely the prevention of direct and indirect unjustified discrimination based on nationality or place of residence of consumers , including unjustified geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### for the purposes of this regulation , the definitions set out in article 7 of implementing regulation no 282 / 2011 , article 2 , and of regulation 2015 / 751 of the european parliament and council32 and article 4 , , , , , , and of directive 2015 / 2366 shall apply . __________________ 32 regulation 2015 / 751 of the european parliament and of the council of 29 april 2015 on interchange fees for card - based payment transactions . ### for the purposes of this regulation , the definition of the term ' electronically supplied services ' set out in article 7 of implementing regulation no 282 / 2011 , the definitions of the terms ' interchange fee ' , ' card - based payment instrument ' , ' payment brand ' , ' debit card ' , ' credit card ' and ' prepaid card ' respectively set out in article 2 , and , , and of regulation 2015 / 751 and the definitions of the terms ' payment transaction ' , ' payer ' , ' payment service provider ' , ' payment account ' , ' payment instrument ' , ' direct debit ' , ' credit transfer ' and ' strong customer authentication ' respectively set out in article 4 , , , , , , and of directive 2015 / 2366 shall apply .


### the following definitions shall also apply : ### the following definitions shall also apply for the purposes of this regulation :


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection with the customer ' s explicit consent , the version of the online interface which the customer initially sought to access shall remain easily accessible for that customer .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### the trader shall not redirect the consumer to a version of its online interface that is different from the online interface which the consumer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to consumers with a particular nationality or place of residence , unless the consumer gives his or her explicit consent prior to such redirection .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection with the consumer ' s explicit prior consent , the version of the online interface the consumer originally sought to access shall remain easily accessible for that consumer .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### where the trader provides electronically supplied services , other than services the main feature of which is the sale in non - material form or the provision of access to and use of copyright protected works or other protected subject matter ;


### with respect to sales of books , the prohibition set out in paragraph 1 shall not preclude traders from applying different prices to customers in certain territories in so far as they are required to do so under the laws of member states in accordance with union law . ### with respect to sales of books , the prohibition set out in paragraph 1 shall be without prejudice to specific legislation regarding pricing in member states , in accordance with union law .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### traders shall not , within the range of electronic payment means , namely credit transfers , direct debits or card - based payment instruments of a specific brand and category , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where :


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### contractual provisions imposing on traders obligations , in respect of passive sales within the meaning of commission regulation no 330 / 2010 , to act in violation of this regulation shall be automatically null and void .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### the contractual provisions requiring the trader to act , as regards passive sales within the meaning of regulation no 330 / 2010 , which are not in conformity with article 101 tfeu and regulation no 330 / 2010 , shall be automatically null and void .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . the law applicable to passive sales contracts shall be the law of the trader .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### each member state shall designate an existing body or bodies responsible for the enforcement of this regulation with regard to traders and customers . without prejudice to other information and cooperation mechanisms , those bodies shall be responsible for ensuring cross - border cooperation with bodies in other member states through the appropriate means . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation .


### each member state shall confer responsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and a trader arising from the application of this regulation . each member state shall designate a body or bodies responsible for that task . ### each member state shall confer responsibility for providing practical assistance and information to customers on the body or bodies tasked with enforcement , in the case of a dispute between a customer and a trader arising from the application of this regulation .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , enhancing the protection of vulnerable asylum seekers such as children , supporting integration strategies and a more effective legal migration policy , creating safe and legal pathways to the union which should also help to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . as an instrument of internal union policy and the only funding instrument for asylum and migration at union level , the fund should primarily support actions on asylum and migration within the union . however , within defined limits and subject to the appropriate safeguards , the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , to establish avenues on legal migration and to counter irregular migration and ensure the sustainability of safe and dignified return to as well as reintegration in third countries .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the promotion of common measures in the area of asylum , including member states’ efforts in receiving persons through resettlement and the transfer between member states , support integration , reception and inclusion strategies and a more effective legal migration policy , counter irregular migration and implement a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows , the establishment of avenues on legal migration , to counter irregular migration , fight trafficking of migrants , ensure sustainability of return and effective readmission to third countries . cooperation with third countries should be genuinely based on mutual interest .


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### it is appropriate to support and improve the efforts made by member states to fully and properly implement the union asylum acquis , in particular to grant appropriate reception conditions to displaced persons and applicants for , and beneficiaries of , international protection , to ensure the correct determination of status , to apply fair and effective asylum procedures and to promote good practice in the field of asylum , so as to protect the rights of persons requiring international protection and enable member states’ asylum systems to work efficiently . the fund should therefore provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system .


### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . __________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] . ### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange on asylum between member states , promoting union and international law and operational standards in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , monitoring the operational and technical application of the common european asylum system , supporting the resettlement efforts of the member states and providing operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . __________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### to improve and reinforce the integration process in european societies , the fund should facilitate legal migration to the union in accordance with the economic and social needs of member states and anticipate the preparation of the integration process already in the country of origin of the third - country nationals coming to the union . actions in third countries should be fully coherent with the principle of policy coherence for development and the commitments for the achievements of the sustainable development goals .


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role played by local and regional authorities and their representative associations , as well as by civil society organisations in the field of integration , and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through a higher co - financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out integration measures .


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to improve and expedite the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions .


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should give preference to voluntary return and , consequently , the fund should give preferential support to actions related to voluntary return . in order to promote this , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness .


### the employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### the fund should support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . it also includes protective elements such as the right of irregularly employed third country nationals to lodge complaints and claim back their wages . the fund should support the implementation of the latter , as these protective elements have not been implemented sufficiently , as was pointed out in the communication from the commission to the european parliament and the council of 22 may 2014 on the application of directive 2009 / 52 / ec of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### the fund should support member states , either directly or indirectly , in their implementation of directive 2011 / 36 / eu of the european parliament and of the council17 which sets forth provisions on assistance , support and protection of victims of trafficking in human beings . __________________ 17 directive 2011 / 36 / eu of the european parliament and of the council of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims , and replacing council framework decision 2002 / 629 / jha . ### the fund should support member states , either directly or indirectly , in their implementation of directive 2011 / 36 / eu of the european parliament and of the council17 which sets forth provisions on assistance , support and protection of victims of trafficking in human beings . where appropriate , these measures should be gender - specific . when implementing the fund , member states should take into consideration that persons who are obliged to leave their habitual homes for reasons of sudden or progressive climate - related change in the environment that adversely affects their lives or living conditions , have a high risk of falling victims to human trafficking ; __________________ 17 directive 2011 / 36 / eu of the european parliament and of the council of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims , and replacing council framework decision 2002 / 629 / jha .


### this regulation should establish the initial amounts to member states consisting of a fixed amount and an amount calculated on the basis of criteria laid down in annex i , which reflect the needs and pressure experienced by different member states in the areas of asylum , integration and return . ### this regulation should establish the initial amounts to member states consisting of a fixed amount and an amount calculated on the basis of criteria laid down in annex i , which reflect the needs and pressure experienced by different member states in the areas of asylum , integration and return . particular attention should be given to insular societies facing disproportionate migration challenges .


### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third - country nationals , and counter irregular migration through efficient and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states . ### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third country nationals , and counter irregular migration through efficient , rights compliant , and sustainable return policy , an additional amount should be allocated to the member states at midterm taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states .


### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , emergency assistance , resettlement and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility . ### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , actions of local and regional authorities , emergency assistance , resettlement , and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the fund ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives over the mff 2021 - 2027 period and an annual target of 30 % as soon as possible and at the latest by 2027 . relevant actions will be identified during the fund ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of actions eligible for higher co - financing as listed in annex iv , operating support and in order to develop further the common monitoring and evaluation framework . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that these consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law making of 13 april 2016 . ### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of work programmes for the thematic facility , list of actions eligible for higher co - financing as listed in annex iv , operating support and in order to develop further the common monitoring and evaluation framework . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that these consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law making of 13 april 2016 .


### since the objective of this regulation , namely to contribute to an effective management of migration flows in the union , in accordance with the common policy on asylum and international protection and the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to contribute to an effective management of migration flows and to the implementation , strengthening and development of the common policy on asylum , subsidiary protection and temporary protection and of the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### specific objective 2 : to support legal migration to the member states including to contribute to the integration of third - country nationals : ### specific objective 2 : to contribute to the integration of third - country nationals :


### the fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , provided that the agreement : ### the fund shall be open to neighbouring third countries in accordance with the conditions laid down in a specific agreement , to be adopted in accordance with article 218 of the treaty on the functioning of the european union , covering the participation of the third country to the fund , provided that the agreement :


### the fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , provided that the agreement : ### the fund shall be open to third countries that do not infringe fundamental rights of migrants for activities in the field of legal migration , return and readmission , in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , which should be made publicly available , provided that the agreement :


### the financial envelope for the implementation of the fund for the 2021 - 2027 period shall be eur&#160 ; 10&#160 ; 415 000 000 in current prices . ### the financial envelope for the implementation of the fund for the 2021 - 2027 period shall be eur 9&#160 ; 204&#160 ; 957&#160 ; 000 in 2018 prices .


### when funding from the thematic facility is granted in direct or indirect management to member states , it shall be ensured that selected projects are not affected by a reasoned opinion by the commission in respect of an infringement under article 258 of the tfeu that puts at risk the legality and regularity of expenditure or the performance of projects . ### when funding from the thematic facility is granted in direct or indirect management to member states , no funding shall be available for projects where the legality of those projects , or the legality and regularity of that funding , or the performance of those projects , would be called into question as a result of a reasoned opinion by the commission in respect of an infringement under article 258 of the tfeu .


### when funding from the thematic facility is implemented in shared management , the commission shall , for the purposes of articles 18 and 19 of regulation eu . . / . . [ common provisions regulation ] , assess whether the foreseen actions are not affected by a reasoned opinion by the commission in respect of an infringement under article 258 of the tfeu that puts at risk the legality and regularity of expenditure or the performance of the projects . ### when funding from the thematic facility is implemented in shared management , the commission shall , for the purposes of articles 18 and 19 of regulation eu . . / . . [ common provisions regulation ] , assess the foreseen actions to ensure that no funding shall be available for projects where the legality of those projects , or the legality and regularity of the funding , or the performance of those projects , would be called into question as a result of a reasoned opinion by the commission in respect of an infringement under article 258 of the tfeu .


### the commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the union budget . the commission shall adopt financing decisions as referred to in article [ 110 ] of the financial regulation for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1 . financing decisions shall set out , where applicable , the overall amount reserved for blending operations . ### the commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the union budget . the commission shall adopt delegated acts in accordance with article 16 to lay down work programmes as referred to in article [ 110 ] of the financial regulation for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1 .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 7% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities or civil society organisations implementing integration and reception actions .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall support actions falling under annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 5% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities or civil society organisations implementing integration and reception actions .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall in particular , support actions falling under the implementation measure 3 of annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 2% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities implementing integration actions .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall not exceed 80 % of the total eligible expenditure of a project . member states are encouraged to provide matching funds for activities supported by the current regulation .


### the commission shall ensure that the european union agency for asylum and the european border and coast guard agency are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency and the european union agency for asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states . ### the commission shall ensure that the european union agency for asylum , the european border and coast guard agency and the european union agency for fundamental rights are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency , the european union agency for asylum and the european union agency for fundamental rights on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states .


### a member state shall receive , in addition to their allocation calculated in accordance with article 11 , a contribution of eur [ 10 000 ] for each applicant for international protection for whom that member state becomes responsible as from when that member state is in challenging circumstances as defined in regulation . . / . . [ dublin regulation ] . ### the determining member state shall receive , in addition to their allocation calculated in accordance with article 11 , refunding of the costs of reception of an applicant for international protection from the time when the application was registered until the transfer of the applicant to the member state responsible , or until the determining member state assumes responsibility for the applicant in accordance with article 8a of regulation . . / . . [ the dublin regulation ] .


### a member state shall receive , in addition to their allocation calculated in accordance with article 11 , a contribution of eur [ 10 000 ] for each applicant for international protection allocated to that member state who is above the benefitting member state ' s fair share . ### the transferring member state shall receive , in addition to their allocation calculated in accordance with article 11 , refunding of the costs necessary to transfer an applicant or another person as referred to in article 20 , or of regulation . . / . . . [ the dublin regulation ] to the member state responsible .


### a member state referred to in paragraphs 1 and 2 shall receive an additional contribution of eur [ 10 000 ] per applicant who has been granted international protection for the implementation of integration measures . ### in addition to their allocation calculated in accordance with article 11 , the determining member state that becomes responsible in line with article 9 of regulation . . / . . . [ the dublin regulation ] shall receive the costs of reception of each applicant until a final decision is taken on the application in line with regulation . . / . . . [ the asylum procedures regulation ] in accordance with article 8a of regulation . . / . . . [ the dublin regulation ] .


### a member state referred to in paragraphs 1 and 2 shall receive an additional contribution of eur [ 10 000 ] per person for whom the member state can establish on the basis of the updating of the data set referred to in article 11 of regulation . . / . . [ eurodac regulation ] that the person has left the territory of the member state , on either a compulsory or voluntarily basis in compliance with a return decision or a removal order . ### when a member state does not fulfil its obligations under chapter vii of regulation . . / . . . [ the dublin regulation ] , it shall not be entitled to support from the fund for measures financed in direct or indirect management in the area of return until full compliance is ensured .


### the amounts referred to in this article shall take the form of financing not linked to costs in accordance with article [ 125 ] of the financial regulation . ### the refunding referred to in this article shall take a form of financing in accordance with article [ 125 , , or ] of the financial regulation .


### the additional amounts referred to in paragraphs 1 to 5 shall be allocated to the member states in their programmes provided that the person in respect of whom the contribution is allocated was , as applicable , effectively transferred to a member state , effectively returned or registered as an applicant in the member state responsible in accordance with regulation . . / . . [ dublin regulation ] . ### the refunding referred to in paragraph 2 shall be allocated to the member states in their programmes provided that the person in respect of whom the refunding is allocated was effectively transferred to a member state or registered as an applicant in the member state responsible in accordance with regulation . . / . . [ the dublin regulation ] .


### member states shall justify in the programme and in the annual performance report as referred to in article 30 the use of operating support to achieve the objectives of this regulation . before the approval of the programme , the commission shall , with the european union agency for asylum and the european border and coast guard agency in line with article 13 , assess the baseline situation in the member states which have indicated their intention to use operating support . the commission shall take into account the information provided by those member states and , where relevant , the information available in the light of the monitoring exercises , as carried out in accordance with regulation . . / . . [ euaa regulation ] and regulation no 1053 / 2013 , which are within the scope of this regulation . ### member states shall justify in the programme and in the annual performance report as referred to in article 30 the use of operating support to achieve the objectives of this regulation . before the approval of the programme , the commission shall , with the european union agency for asylum , the european border and coast guard agency and the european union agency for fundamental rights in line with article 13 , assess the baseline situation in the member states which have indicated their intention to use operating support . the commission shall take into account the information provided by those member states and , where relevant , the information available in the light of the monitoring exercises , as carried out in accordance with regulation . . / . . [ euaa regulation ] and regulation no 1053 / 2013 , which are within the scope of this regulation .


### heavy migratory pressure in one or more member states characterised by a large or disproportionate inflow of third - country nationals , which places significant and urgent demands on their reception and detention facilities , asylum and migration management systems and procedures ; ### heavy migratory pressure in one or more member states characterised by a large or disproportionate inflow of third - country nationals , which places significant and urgent demands on their reception and detention facilities , child protection systems , asylum and migration management systems and procedures ;


### the indicators to report on progress of the fund towards the achievement of the objectives of this regulation are set in annex viii . for output indicators , baselines shall be set at zero . the milestones set for 2024 and targets set for 2029 shall be cumulative . ### the indicators to report on progress of the fund towards the achievement of the objectives of this regulation are set in annex viii . for output indicators , baselines shall be set at zero . the milestones set for 2024 and targets set for 2029 shall be cumulative . upon request , the output indicators shall be made available to the european parliament and to the council .


### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process . ### by 31 january 2028 , the commission shall carry out a retrospective evaluation . by the same date , the commission shall submit an evaluation report to the european parliament and to the council . the mid - term and retrospective evaluation reports referred to in the first paragraph and the first subparagraph of this paragraph shall be made public and presented to the european parliament , and accompanied , where deemed necessary by the commission , by legislative proposals amending this regulation or its successor .


### the commission may make observations on the annual performance report within two months of the date of its receipt . where the commission does not provide observations by that deadline , the report shall be deemed to have been accepted . ### the commission may make observations on the annual performance report within two months of the date of its receipt . where the commission does not provide observations by that deadline , the report shall be deemed to have been accepted . once accepted , the commission shall make the annual performance report available on a dedicated website .


### the following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows : ### in the area of countering irregular migration including returns , the following criterion will be taken into account :


### 50% in proportion to the number of third - country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the member state and who are subject to a return decision under national and / or community law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ; ### the number of third - country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the member state and who are subject to a return decision under national and / or union law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ;


### for initial allocation the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years on the basis of data provided by member states on the date of the applicability of this regulation in accordance with union law . for the mid - term review , the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years available at the time of the mid - term review in 2024 on the basis of data provided by member states in accordance with union law . where member states have not supplied the commission with the statistics concerned , they shall provide provisional data as soon as possible . ### for initial allocation the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years on the basis of data provided by member states on the date of the applicability of this regulation in accordance with union law . data on children in migration should be disaggregated by age and sex , by specific vulnerabilities and by asylum status . for the mid - term review , the reference figures shall be the latest annual statistical data produced by the commission covering the preceding three calendar years available at the time of the mid - term review in 2024 on the basis of data provided by member states in accordance with union law . where member states have not supplied the commission with the statistics concerned , they shall provide provisional data as soon as possible .


### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries for the purpose of managing migration . ### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues with prioritisation of vulnerable groups such as children and adolescents facing protection risks in the union as well as partnership and cooperation with third countries for the purpose of managing migration .


### the setting up of administrative structures , systems and tools and training of staff , including local authorities and other relevant stakeholders ; ### the setting up of administrative structures , systems and tools and training of staff , including local authorities and other relevant stakeholders in cooperation with relevant union agencies , where appropriate ;


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures with a specific focus on child safeguarding policies , including on collection and exchange of disaggregated information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ;


### identifying applicants with special procedural or reception needs ; ### identifying applicants with special procedural or reception needs ; in particular , child applicants by providing them with specialised support immediately upon arrival ;


### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; ### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; detention for children shall be used as a measure of last resort in line with existing eu law , for the shortest time possible and never in prison accommodation ;


### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; ### improvement of infrastructure for open reception and improvement of existing infrastructures for detention ;


### introduction , development and improvement of effective alternative measures to detention , in particular in relation to unaccompanied minors and families ; ### introduction , development and improvement of effective alternative measures to detention , in particular in relation to unaccompanied children and families ;


### return assistance , in particular assisted voluntary return and information about assisted voluntary return programmes ; ### return assistance and child rights - based compliant mechanisms , in particular assisted voluntary return and information about assisted voluntary return programmes , including by providing specific guidance for children in returns procedures ;


### –measures targeting vulnerable persons and applicants for international protection with special reception and / or procedural needs , including measures to ensure effective protection of children in migration , in particular those unaccompanied . ### –measures targeting vulnerable persons and applicants for international protection with special reception and / or procedural needs , including measures to ensure effective protection of children in migration , in particular unaccompanied minors .


### number of persons who participated in integration measures supported by the fund reporting that the measures were beneficial for their early integration as compared to the total number of persons wh participated in the integration measures supported by the fund . ### number of persons who participated in integration measures supported by the fund .


### number of returns following an order to leave compared to the number of third - country nationals ordered to leave . ### number of returns supported by the fund following an order to leave compared to the number of third - country nationals ordered to leave .


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management , transformation and use in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a real circular economy , which would limit negative environmental impacts and conserve natural resources as well as achieve a better management of raw materials , while making the economy less dependent on imports , increasing energy efficiency , reducing the energy dependency of the union , providing new economic opportunities and new markets and promoting the creation of quality jobs . in order to make the economy really circular , it is necessary to take additional measures focusing on the whole - life cycle of products , including sustainable materials extraction , ecological product design , eco - efficient production and sustainable consumption , in a way that preserves resources and closes the loop . improving resource use would also bring substantial net savings for union businesses , public authorities and consumers while reducing total annual greenhouse gas emissions .


### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be amended to make them better reflect the union ' s ambition to move to a circular economy . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### the targets laid down in directive 2008 / 98 / ec of the european parliament and of the council14 for preparing for re - use and recycling of waste should be amended to make them better reflect the union ' s ambition to move to an efficient circular economy , by taking the necessary measures to ensure that waste can be considered as a useful resource for this transition . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### many member states have yet to develop the necessary waste management infrastructure . it is therefore essential to set long - term policy objectives in order to guide measures and investments , notably by preventing the creation of structural overcapacities for the treatment of residual waste and lock - ins of recyclable materials at the bottom of the waste hierarchy . ### many member states have yet to develop the necessary waste management infrastructure . it is therefore essential to set long - term policy objectives and financial , fiscal and political support in order to guide measures and investments , notably by preventing the creation of structural overcapacities for the treatment of residual waste , such as for landfilling and incineration , and lock - ins of recyclable materials at the lowest level of the waste hierarchy . in that context , in order to meet the relevant targets it is essential to use the european structural and investment funds to finance the development of the waste management infrastructure needed for prevention , reuse and recycling . it is also essential for member states to amend their existing waste prevention programmes in accordance with this directive and to adapt their investments accordingly .


### definitions of municipal waste , construction and demolition waste , the final recycling process , and backfilling need to be included in directive 2008 / 98 / ec so that the scope of these concepts is clarified . ### definitions of municipal waste , construction and demolition waste , commercial and industrial waste , the final recycling process , littering , marine littering and backfilling need to be included in directive 2008 / 98 / ec so that the scope of these concepts is clarified .


### to ensure that recycling targets are based on reliable and comparable data and to enable more effective monitoring of progress in attaining those targets , the definition of municipal waste in directive 2008 / 98 / ec should be in line with the definition used for statistical purposes by the european statistical office and the organisation for economic co - operation and development , on the basis of which member states have been reporting data for several years . the definition of municipal waste in this directive is neutral with regard to the public or private status of the operator managing waste . ### to ensure that recycling targets are based on reliable and comparable data and to enable more effective monitoring of progress in attaining those targets , the definition of municipal waste in directive 2008 / 98 / ec should be harmonised with the definition used for statistical purposes by the european statistical office and the organisation for economic co - operation and development , on the basis of which member states have been reporting data for several years . the definition of municipal waste in this directive is neutral with regard to the public or private status of the operator managing waste .


### member states should put in place adequate incentives for the application of the waste hierarchy , in particular , by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , extended producer responsibility schemes and incentives for local authorities . ### member states should put in place adequate incentives for the application of the waste hierarchy , in particular , by means of financial , fiscal and regulatory incentives aimed at achieving the waste prevention and recycling objectives of this directive , such as landfill and incineration charges , pay as you throw schemes , extended producer responsibility schemes and incentives for local authorities . in order to contribute to the objectives laid down in this directive , member states should be able to make use of economic instruments or other measures as set out in annex via . member states should take such measures which will help to achieve a high quality of sorted material .


### extended producer responsibility schemes form an essential part of efficient waste management , but their effectiveness and performance differ significantly between member states . thus , it is necessary to set minimum operating requirements for extended producer responsibility . those requirements should reduce costs and boost performance , as well as ensure a level - playing field , including for small and medium sized enterprises , and avoid obstacles to the smooth functioning of the internal market . they should also contribute to the incorporation of end - of - life costs into product prices and provide incentives for producers to take better into account recyclability and reusability when designing their products . the requirements should apply to both new and existing extended producer responsibility schemes . a transitional period is however necessary for existing extended producer responsibility schemes to adapt their structures and procedures to the new requirements . ### extended producer responsibility schemes form an essential part of efficient waste management , but their effectiveness and performance differ significantly between member states . thus , it is necessary to set minimum operating requirements for extended producer responsibility schemes . those requirements should reduce costs and boost performance , facilitate reparability , better implementation and enforcement of separate collection and sorting , ensure better quality recycling , help secure cost - efficient access to secondary raw materials as well as ensure a level - playing field , including for small and medium sized enterprises , and avoid obstacles to the smooth functioning of the internal market . they should also contribute to the incorporation of end - of - life costs into product prices and provide incentives for producers to take better into account reparability , recyclability and reusability and the phasing out of hazardous substances when designing their products . the requirements should apply to both new and existing extended producer responsibility schemes . a transitional period is however necessary for existing extended producer responsibility schemes and for member states without extended producer responsibility to adapt their structures and procedures to the new requirements . during the transitional period , member states without extended producer responsibility should ensure that their waste management systems deliver results in an enforceable , transparent and accountable manner which is entirely consistent with the minimum requirements for extended producer responsibility schemes .