@ansvar/eu-regulations-mcp 0.1.0 → 0.2.1
This diff represents the content of publicly available package versions that have been released to one of the supported registries. The information contained in this diff is provided for informational purposes only and reflects changes between package versions as they appear in their respective public registries.
- package/LICENSE +190 -21
- package/README.md +159 -26
- package/data/seed/aifmd.json +432 -0
- package/data/seed/applicability/ai-act.json +87 -0
- package/data/seed/applicability/aifmd.json +74 -0
- package/data/seed/applicability/cbam.json +74 -0
- package/data/seed/applicability/cer.json +74 -0
- package/data/seed/applicability/cra.json +77 -0
- package/data/seed/applicability/csddd.json +74 -0
- package/data/seed/applicability/csrd.json +74 -0
- package/data/seed/applicability/cyber_solidarity.json +74 -0
- package/data/seed/applicability/cybersecurity-act.json +69 -0
- package/data/seed/applicability/data-act.json +71 -0
- package/data/seed/applicability/dga.json +74 -0
- package/data/seed/applicability/dma.json +77 -0
- package/data/seed/applicability/dsa.json +71 -0
- package/data/seed/applicability/eecc.json +74 -0
- package/data/seed/applicability/ehds.json +74 -0
- package/data/seed/applicability/eidas2.json +86 -0
- package/data/seed/applicability/eprivacy.json +74 -0
- package/data/seed/applicability/eu_taxonomy.json +74 -0
- package/data/seed/applicability/eucc.json +74 -0
- package/data/seed/applicability/eudr.json +74 -0
- package/data/seed/applicability/gpsr.json +74 -0
- package/data/seed/applicability/ivdr.json +74 -0
- package/data/seed/applicability/led.json +74 -0
- package/data/seed/applicability/machinery.json +74 -0
- package/data/seed/applicability/mdr.json +74 -0
- package/data/seed/applicability/mica.json +74 -0
- package/data/seed/applicability/mifid2.json +74 -0
- package/data/seed/applicability/mifir.json +74 -0
- package/data/seed/applicability/pld.json +74 -0
- package/data/seed/applicability/psd2.json +74 -0
- package/data/seed/applicability/red.json +74 -0
- package/data/seed/applicability/sfdr.json +74 -0
- package/data/seed/applicability/un-r155.json +68 -0
- package/data/seed/applicability/un-r156.json +68 -0
- package/data/seed/cbam.json +397 -0
- package/data/seed/cer.json +233 -0
- package/data/seed/csddd.json +205 -0
- package/data/seed/csrd.json +50 -0
- package/data/seed/cyber_solidarity.json +252 -0
- package/data/seed/data-act.json +517 -0
- package/data/seed/dga.json +342 -0
- package/data/seed/dma.json +499 -0
- package/data/seed/dsa.json +686 -0
- package/data/seed/eecc.json +981 -0
- package/data/seed/ehds.json +638 -0
- package/data/seed/eidas2.json +590 -0
- package/data/seed/eprivacy.json +115 -0
- package/data/seed/eu_taxonomy.json +285 -0
- package/data/seed/eucc.json +386 -0
- package/data/seed/eudr.json +401 -0
- package/data/seed/gpsr.json +462 -0
- package/data/seed/ivdr.json +1036 -0
- package/data/seed/led.json +480 -0
- package/data/seed/machinery.json +513 -0
- package/data/seed/mappings/iso27001-ai-act.json +114 -0
- package/data/seed/mappings/iso27001-aifmd.json +50 -0
- package/data/seed/mappings/iso27001-cbam.json +26 -0
- package/data/seed/mappings/iso27001-cer.json +74 -0
- package/data/seed/mappings/iso27001-cra.json +130 -0
- package/data/seed/mappings/iso27001-csddd.json +50 -0
- package/data/seed/mappings/iso27001-csrd.json +26 -0
- package/data/seed/mappings/iso27001-cyber_solidarity.json +82 -0
- package/data/seed/mappings/iso27001-cybersecurity-act.json +90 -0
- package/data/seed/mappings/iso27001-data-act.json +66 -0
- package/data/seed/mappings/iso27001-dga.json +50 -0
- package/data/seed/mappings/iso27001-dma.json +50 -0
- package/data/seed/mappings/iso27001-dsa.json +58 -0
- package/data/seed/mappings/iso27001-eecc.json +74 -0
- package/data/seed/mappings/iso27001-ehds.json +90 -0
- package/data/seed/mappings/iso27001-eidas2.json +106 -0
- package/data/seed/mappings/iso27001-eprivacy.json +66 -0
- package/data/seed/mappings/iso27001-eu_taxonomy.json +34 -0
- package/data/seed/mappings/iso27001-eucc.json +66 -0
- package/data/seed/mappings/iso27001-eudr.json +34 -0
- package/data/seed/mappings/iso27001-gpsr.json +42 -0
- package/data/seed/mappings/iso27001-ivdr.json +66 -0
- package/data/seed/mappings/iso27001-led.json +74 -0
- package/data/seed/mappings/iso27001-machinery.json +50 -0
- package/data/seed/mappings/iso27001-mdr.json +82 -0
- package/data/seed/mappings/iso27001-mica.json +66 -0
- package/data/seed/mappings/iso27001-mifid2.json +66 -0
- package/data/seed/mappings/iso27001-mifir.json +42 -0
- package/data/seed/mappings/iso27001-pld.json +26 -0
- package/data/seed/mappings/iso27001-psd2.json +82 -0
- package/data/seed/mappings/iso27001-red.json +42 -0
- package/data/seed/mappings/iso27001-sfdr.json +50 -0
- package/data/seed/mappings/iso27001-un-r155.json +130 -0
- package/data/seed/mappings/iso27001-un-r156.json +106 -0
- package/data/seed/mappings/nist-csf-ai-act.json +138 -0
- package/data/seed/mappings/nist-csf-aifmd.json +58 -0
- package/data/seed/mappings/nist-csf-cbam.json +42 -0
- package/data/seed/mappings/nist-csf-cer.json +90 -0
- package/data/seed/mappings/nist-csf-cra.json +130 -0
- package/data/seed/mappings/nist-csf-csddd.json +50 -0
- package/data/seed/mappings/nist-csf-csrd.json +34 -0
- package/data/seed/mappings/nist-csf-cyber_solidarity.json +90 -0
- package/data/seed/mappings/nist-csf-cybersecurity-act.json +90 -0
- package/data/seed/mappings/nist-csf-data-act.json +50 -0
- package/data/seed/mappings/nist-csf-dga.json +58 -0
- package/data/seed/mappings/nist-csf-dma.json +42 -0
- package/data/seed/mappings/nist-csf-dora.json +210 -0
- package/data/seed/mappings/nist-csf-dsa.json +82 -0
- package/data/seed/mappings/nist-csf-eecc.json +90 -0
- package/data/seed/mappings/nist-csf-ehds.json +98 -0
- package/data/seed/mappings/nist-csf-eidas2.json +114 -0
- package/data/seed/mappings/nist-csf-eprivacy.json +58 -0
- package/data/seed/mappings/nist-csf-eu_taxonomy.json +34 -0
- package/data/seed/mappings/nist-csf-eucc.json +66 -0
- package/data/seed/mappings/nist-csf-eudr.json +58 -0
- package/data/seed/mappings/nist-csf-gdpr.json +178 -0
- package/data/seed/mappings/nist-csf-gpsr.json +58 -0
- package/data/seed/mappings/nist-csf-ivdr.json +66 -0
- package/data/seed/mappings/nist-csf-led.json +74 -0
- package/data/seed/mappings/nist-csf-machinery.json +58 -0
- package/data/seed/mappings/nist-csf-mdr.json +66 -0
- package/data/seed/mappings/nist-csf-mica.json +98 -0
- package/data/seed/mappings/nist-csf-mifid2.json +74 -0
- package/data/seed/mappings/nist-csf-mifir.json +50 -0
- package/data/seed/mappings/nist-csf-nis2.json +194 -0
- package/data/seed/mappings/nist-csf-pld.json +34 -0
- package/data/seed/mappings/nist-csf-psd2.json +98 -0
- package/data/seed/mappings/nist-csf-red.json +58 -0
- package/data/seed/mappings/nist-csf-sfdr.json +42 -0
- package/data/seed/mappings/nist-csf-un-r155.json +130 -0
- package/data/seed/mappings/nist-csf-un-r156.json +98 -0
- package/data/seed/mdr.json +1066 -0
- package/data/seed/mica.json +1003 -0
- package/data/seed/mifid2.json +906 -0
- package/data/seed/mifir.json +512 -0
- package/data/seed/pld.json +244 -0
- package/data/seed/psd2.json +827 -0
- package/data/seed/red.json +452 -0
- package/data/seed/sfdr.json +228 -0
- package/data/seed/un-r155.json +166 -0
- package/data/seed/un-r156.json +150 -0
- package/dist/http-server.d.ts +9 -0
- package/dist/http-server.d.ts.map +1 -0
- package/dist/http-server.js +342 -0
- package/dist/http-server.js.map +1 -0
- package/dist/index.js +4 -4
- package/dist/index.js.map +1 -1
- package/dist/tools/map.d.ts +1 -1
- package/dist/tools/map.d.ts.map +1 -1
- package/dist/tools/map.js +3 -3
- package/dist/tools/map.js.map +1 -1
- package/package.json +8 -3
- package/scripts/build-db.ts +20 -8
- package/scripts/check-updates.ts +141 -39
- package/scripts/ingest-eurlex.ts +9 -1
- package/scripts/ingest-unece.ts +368 -0
- package/src/http-server.ts +380 -0
- package/src/index.ts +4 -4
- package/src/tools/map.ts +4 -4
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{
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"id": "EPRIVACY",
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"full_name": "ePrivacy Directive",
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"celex_id": "02002L0058-20091219",
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"effective_date": "2002-07-31",
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"eur_lex_url": "https://eur-lex.europa.eu/eli/dir/2002/58/oj",
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"articles": [
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{
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"number": "1",
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"title": "Scope and aim",
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"text": "▼M2\n\n1.\n\nThis Directive provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector and to ensure the free movement of such data and of electronic communication equipment and services in the Community.\n\n▼B\n\n2.\n\nThe provisions of this Directive particularise and complement Directive 95/46/EC for the purposes mentioned in paragraph 1. Moreover, they provide for protection of the legitimate interests of subscribers who are legal persons.\n\n3.\n\nThis Directive shall not apply to activities which fall outside the scope of the Treaty establishing the European Community, such as those covered by Titles V and VI of the Treaty on European Union, and in any case to activities concerning public security, defence, State security (including the economic well-being of the State when the activities relate to State security matters) and the activities of the State in areas of criminal law."
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},
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{
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"number": "2",
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"title": "Definitions",
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"text": "Save as otherwise provided, the definitions in Directive 95/46/EC and in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (\n\n8\n\n) shall apply.\n\nThe following definitions shall also apply:\n\n(a)\n\n‘user’ means any natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to this service;\n\n(b)\n\n‘traffic data’ means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof;\n\n▼M2\n\n(c)\n\n‘location data’ means any data processed in an electronic communications network or by an electronic communications service, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service;\n\n▼B\n\n(d)\n\n‘communication’ means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a broadcasting service to the public over an electronic communications network except to the extent that the information can be related to the identifiable subscriber or user receiving the information;\n\n▼M2 —————\n\n▼B\n\n(f)\n\n‘consent’ by a user or subscriber corresponds to the data subject's consent in Directive 95/46/EC;\n\n(g)\n\n‘value added service’ means any service which requires the processing of traffic data or location data other than traffic data beyond what is necessary for the transmission of a communication or the billing thereof;\n\n(h)\n\n‘electronic mail’ means any text, voice, sound or image message sent over a public communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient;\n\n▼M2\n\n(i)\n\n‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly available electronic communications service in the Community.\n\n▼M2"
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},
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{
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"number": "3",
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"title": "Services concerned",
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"text": "This Directive shall apply to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Community, including public communications networks supporting data collection and identification devices.\n\n▼B"
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{
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"number": "4",
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"title": "►M2",
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"text": "Security of processing ◄\n\n1.\n\nThe provider of a publicly available electronic communications service must take appropriate technical and organisational measures to safeguard security of its services, if necessary in conjunction with the provider of the public communications network with respect to network security. Having regard to the state of the art and the cost of their implementation, these measures shall ensure a level of security appropriate to the risk presented.\n\n▼M2\n\n1a.\n\nWithout prejudice to Directive 95/46/EC, the measures referred to in paragraph 1 shall at least:\n\n—\n\nensure that personal data can be accessed only by authorised personnel for legally authorised purposes,\n\n—\n\nprotect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration, and unauthorised or unlawful storage, processing, access or disclosure, and,\n\n—\n\nensure the implementation of a security policy with respect to the processing of personal data,\n\nRelevant national authorities shall be able to audit the measures taken by providers of publicly available electronic communication services and to issue recommendations about best practices concerning the level of security which those measures should achieve.\n\n▼B\n\n2.\n\nIn case of a particular risk of a breach of the security of the network, the provider of a publicly available electronic communications service must inform the subscribers concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies, including an indication of the likely costs involved.\n\n▼M2\n\n3.\n\nIn the case of a personal data breach, the provider of publicly available electronic communications services shall, without undue delay, notify the personal data breach to the competent national authority.\n\nWhen the personal data breach is likely to adversely affect the personal data or privacy of a subscriber or individual, the provider shall also notify the subscriber or individual of the breach without undue delay.\n\nNotification of a personal data breach to a subscriber or individual concerned shall not be required if the provider has demonstrated to the satisfaction of the competent authority that it has implemented appropriate technological protection measures, and that those measures were applied to the data concerned by the security breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it.\n\nWithout prejudice to the provider's obligation to notify subscribers and individuals concerned, if the provider has not already notified the subscriber or individual of the personal data breach, the competent national authority, having considered the likely adverse effects of the breach, may require it to do so.\n\nThe notification to the subscriber or individual shall at least describe the nature of the personal data breach and the contact points where more information can be obtained, and shall recommend measures to mitigate the possible adverse effects of the personal data breach. The notification to the competent national authority shall, in addition, describe the consequences of, and the measures proposed or taken by the provider to address, the personal data breach.\n\n4.\n\nSubject to any technical implementing measures adopted under paragraph 5, the competent national authorities may adopt guidelines and, where necessary, issue instructions concerning the circumstances in which providers are required to notify personal data breaches, the format of such notification and the manner in which the notification is to be made. They shall also be able to audit whether providers have complied with their notification obligations under this paragraph, and shall impose appropriate sanctions in the event of a failure to do so.\n\nProviders shall maintain an inventory of personal data breaches comprising the facts surrounding the breach, its effects and the remedial action taken which shall be sufficient to enable the competent national authorities to verify compliance with the provisions of paragraph 3. The inventory shall only include the information necessary for this purpose.\n\n5.\n\nIn order to ensure consistency in implementation of the measures referred to in paragraphs 2, 3 and 4, the Commission may, following consultation with the European Network and Information Security Agency (ENISA), the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC and the European Data Protection Supervisor, adopt technical implementing measures concerning the circumstances, format and procedures applicable to the information and notification requirements referred to in this Article. When adopting such measures, the Commission shall involve all relevant stakeholders particularly in order to be informed of the best available technical and economic means of implementation of this Article.\n\nThose measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a(2).\n\n▼B"
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},
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{
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"number": "5",
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"title": "Confidentiality of the communications",
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"text": "1.\n\nMember States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorised to do so in accordance with Article 15(1). This paragraph shall not prevent technical storage which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality.\n\n2.\n\nParagraph 1 shall not affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.\n\n▼M2\n\n3.\n\nMember States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the processing. This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service.\n\n▼B"
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},
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{
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"number": "6",
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"title": "Traffic data",
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"text": "1.\n\nTraffic data relating to subscribers and users processed and stored by the provider of a public communications network or publicly available electronic communications service must be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication without prejudice to paragraphs 2, 3 and 5 of this Article and Article 15(1).\n\n2.\n\nTraffic data necessary for the purposes of subscriber billing and interconnection payments may be processed. Such processing is permissible only up to the end of the period during which the bill may lawfully be challenged or payment pursued.\n\n▼M2\n\n3.\n\nFor the purpose of marketing electronic communications services or for the provision of value added services, the provider of a publicly available electronic communications service may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if the subscriber or user to whom the data relate has given his or her prior consent. Users or subscribers shall be given the possibility to withdraw their consent for the processing of traffic data at any time.\n\n▼B\n\n4.\n\nThe service provider must inform the subscriber or user of the types of traffic data which are processed and of the duration of such processing for the purposes mentioned in paragraph 2 and, prior to obtaining consent, for the purposes mentioned in paragraph 3.\n\n5.\n\nProcessing of traffic data, in accordance with paragraphs 1, 2, 3 and 4, must be restricted to persons acting under the authority of providers of the public communications networks and publicly available electronic communications services handling billing or traffic management, customer enquiries, fraud detection, marketing electronic communications services or providing a value added service, and must be restricted to what is necessary for the purposes of such activities.\n\n6.\n\nParagraphs 1, 2, 3 and 5 shall apply without prejudice to the possibility for competent bodies to be informed of traffic data in conformity with applicable legislation with a view to settling disputes, in particular interconnection or billing disputes."
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},
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{
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"number": "7",
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"title": "Itemised billing",
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"text": "1.\n\nSubscribers shall have the right to receive non-itemised bills.\n\n2.\n\nMember States shall apply national provisions in order to reconcile the rights of subscribers receiving itemised bills with the right to privacy of calling users and called subscribers, for example by ensuring that sufficient alternative privacy enhancing methods of communications or payments are available to such users and subscribers."
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{
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"number": "8",
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"title": "Presentation and restriction of calling and connected line identification",
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"text": "1.\n\nWhere presentation of calling line identification is offered, the service provider must offer the calling user the possibility, using a simple means and free of charge, of preventing the presentation of the calling line identification on a per-call basis. The calling subscriber must have this possibility on a per-line basis.\n\n2.\n\nWhere presentation of calling line identification is offered, the service provider must offer the called subscriber the possibility, using a simple means and free of charge for reasonable use of this function, of preventing the presentation of the calling line identification of incoming calls.\n\n3.\n\nWhere presentation of calling line identification is offered and where the calling line identification is presented prior to the call being established, the service provider must offer the called subscriber the possibility, using a simple means, of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling user or subscriber.\n\n4.\n\nWhere presentation of connected line identification is offered, the service provider must offer the called subscriber the possibility, using a simple means and free of charge, of preventing the presentation of the connected line identification to the calling user.\n\n5.\n\nParagraph 1 shall also apply with regard to calls to third countries originating in the Community. Paragraphs 2, 3 and 4 shall also apply to incoming calls originating in third countries.\n\n6.\n\nMember States shall ensure that where presentation of calling and/or connected line identification is offered, the providers of publicly available electronic communications services inform the public thereof and of the possibilities set out in paragraphs 1, 2, 3 and 4."
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{
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"number": "9",
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"title": "Location data other than traffic data",
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"text": "1.\n\nWhere location data other than traffic data, relating to users or subscribers of public communications networks or publicly available electronic communications services, can be processed, such data may only be processed when they are made anonymous, or with the consent of the users or subscribers to the extent and for the duration necessary for the provision of a value added service. The service provider must inform the users or subscribers, prior to obtaining their consent, of the type of location data other than traffic data which will be processed, of the purposes and duration of the processing and whether the data will be transmitted to a third party for the purpose of providing the value added service. Users or subscribers shall be given the possibility to withdraw their consent for the processing of location data other than traffic data at any time.\n\n2.\n\nWhere consent of the users or subscribers has been obtained for the processing of location data other than traffic data, the user or subscriber must continue to have the possibility, using a simple means and free of charge, of temporarily refusing the processing of such data for each connection to the network or for each transmission of a communication.\n\n3.\n\nProcessing of location data other than traffic data in accordance with paragraphs 1 and 2 must be restricted to persons acting under the authority of the provider of the public communications network or publicly available communications service or of the third party providing the value added service, and must be restricted to what is necessary for the purposes of providing the value added service."
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{
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"number": "10",
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"title": "Exceptions",
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"text": "Member States shall ensure that there are transparent procedures governing the way in which a provider of a public communications network and/or a publicly available electronic communications service may override:\n\n(a)\n\nthe elimination of the presentation of calling line identification, on a temporary basis, upon application of a subscriber requesting the tracing of malicious or nuisance calls. In this case, in accordance with national law, the data containing the identification of the calling subscriber will be stored and be made available by the provider of a public communications network and/or publicly available electronic communications service;\n\n(b)\n\nthe elimination of the presentation of calling line identification and the temporary denial or absence of consent of a subscriber or user for the processing of location data, on a per-line basis for organisations dealing with emergency calls and recognised as such by a Member State, including law enforcement agencies, ambulance services and fire brigades, for the purpose of responding to such calls."
|
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57
|
+
},
|
|
58
|
+
{
|
|
59
|
+
"number": "11",
|
|
60
|
+
"title": "Automatic call forwarding",
|
|
61
|
+
"text": "Member States shall ensure that any subscriber has the possibility, using a simple means and free of charge, of stopping automatic call forwarding by a third party to the subscriber's terminal."
|
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62
|
+
},
|
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63
|
+
{
|
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64
|
+
"number": "12",
|
|
65
|
+
"title": "Directories of subscribers",
|
|
66
|
+
"text": "1.\n\nMember States shall ensure that subscribers are informed, free of charge and before they are included in the directory, about the purpose(s) of a printed or electronic directory of subscribers available to the public or obtainable through directory enquiry services, in which their personal data can be included and of any further usage possibilities based on search functions embedded in electronic versions of the directory.\n\n2.\n\nMember States shall ensure that subscribers are given the opportunity to determine whether their personal data are included in a public directory, and if so, which, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory, and to verify, correct or withdraw such data. Not being included in a public subscriber directory, verifying, correcting or withdrawing personal data from it shall be free of charge.\n\n3.\n\nMember States may require that for any purpose of a public directory other than the search of contact details of persons on the basis of their name and, where necessary, a minimum of other identifiers, additional consent be asked of the subscribers.\n\n4.\n\nParagraphs 1 and 2 shall apply to subscribers who are natural persons. Member States shall also ensure, in the framework of Community law and applicable national legislation, that the legitimate interests of subscribers other than natural persons with regard to their entry in public directories are sufficiently protected.\n\n▼M2"
|
|
67
|
+
},
|
|
68
|
+
{
|
|
69
|
+
"number": "13",
|
|
70
|
+
"title": "Unsolicited communications",
|
|
71
|
+
"text": "1.\n\nThe use of automated calling and communication systems without human intervention (automatic calling machines), facsimile machines (fax) or electronic mail for the purposes of direct marketing may be allowed only in respect of subscribers or users who have given their prior consent.\n\n2.\n\nNotwithstanding paragraph 1, where a natural or legal person obtains from its customers their electronic contact details for electronic mail, in the context of the sale of a product or a service, in accordance with Directive 95/46/EC, the same natural or legal person may use these electronic contact details for direct marketing of its own similar products or services provided that customers clearly and distinctly are given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details at the time of their collection and on the occasion of each message in case the customer has not initially refused such use.\n\n3.\n\nMember States shall take appropriate measures to ensure that unsolicited communications for the purposes of direct marketing, in cases other than those referred to in paragraphs 1 and 2, are not allowed either without the consent of the subscribers or users concerned or in respect of subscribers or users who do not wish to receive these communications, the choice between these options to be determined by national legislation, taking into account that both options must be free of charge for the subscriber or user.\n\n4.\n\nIn any event, the practice of sending electronic mail for the purposes of direct marketing which disguise or conceal the identity of the sender on whose behalf the communication is made, which contravene Article 6 of Directive 2000/31/EC, which do not have a valid address to which the recipient may send a request that such communications cease or which encourage recipients to visit websites that contravene that Article shall be prohibited.\n\n5.\n\nParagraphs 1 and 3 shall apply to subscribers who are natural persons. Member States shall also ensure, in the framework of Community law and applicable national legislation, that the legitimate interests of subscribers other than natural persons with regard to unsolicited communications are sufficiently protected.\n\n6.\n\nWithout prejudice to any administrative remedy for which provision may be made, inter alia, under Article 15a(2), Member States shall ensure that any natural or legal person adversely affected by infringements of national provisions adopted pursuant to this Article and therefore having a legitimate interest in the cessation or prohibition of such infringements, including an electronic communications service provider protecting its legitimate business interests, may bring legal proceedings in respect of such infringements. Member States may also lay down specific rules on penalties applicable to providers of electronic communications services which by their negligence contribute to infringements of national provisions adopted pursuant to this Article.\n\n▼B"
|
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72
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+
},
|
|
73
|
+
{
|
|
74
|
+
"number": "14",
|
|
75
|
+
"title": "Technical features and standardisation",
|
|
76
|
+
"text": "1.\n\nIn implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs 2 and 3, that no mandatory requirements for specific technical features are imposed on terminal or other electronic communication equipment which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.\n\n2.\n\nWhere provisions of this Directive can be implemented only by requiring specific technical features in electronic communications networks, Member States shall inform the Commission in accordance with the procedure provided for by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (\n\n9\n\n).\n\n3.\n\nWhere required, measures may be adopted to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications (\n\n10\n\n).\n\n▼M2\n\nArticle 14a\n\nCommittee procedure\n\n1.\n\nThe Commission shall be assisted by the Communications Committee established by Article 22 of Directive 2002/21/EC (Framework Directive).\n\n2.\n\nWhere reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.\n\n3.\n\nWhere reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.\n\n▼B"
|
|
77
|
+
},
|
|
78
|
+
{
|
|
79
|
+
"number": "15",
|
|
80
|
+
"title": "Application of certain provisions of Directive 95/46/EC",
|
|
81
|
+
"text": "1.\n\nMember States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.\n\n▼M1\n\n1a.\n\nParagraph 1 shall not apply to data specifically required by Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (\n\n11\n\n) to be retained for the purposes referred to in Article 1(1) of that Directive.\n\n▼M2\n\n1b.\n\nProviders shall establish internal procedures for responding to requests for access to users' personal data based on national provisions adopted pursuant to paragraph 1. They shall provide the competent national authority, on demand, with information about those procedures, the number of requests received, the legal justification invoked and their response.\n\n▼B\n\n2.\n\nThe provisions of Chapter III on judicial remedies, liability and sanctions of Directive 95/46/EC shall apply with regard to national provisions adopted pursuant to this Directive and with regard to the individual rights derived from this Directive.\n\n3.\n\nThe Working Party on the Protection of Individuals with regard to the Processing of Personal Data instituted by Article 29 of Directive 95/46/EC shall also carry out the tasks laid down in Article 30 of that Directive with regard to matters covered by this Directive, namely the protection of fundamental rights and freedoms and of legitimate interests in the electronic communications sector.\n\n▼M2\n\nArticle 15a\n\nImplementation and enforcement\n\n1.\n\nMember States shall lay down the rules on penalties, including criminal sanctions where appropriate, applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and may be applied to cover the period of any breach, even where the breach has subsequently been rectified. The Member States shall notify those provisions to the Commission by 25 May 2011, and shall notify it without delay of any subsequent amendment affecting them.\n\n2.\n\nWithout prejudice to any judicial remedy which might be available, Member States shall ensure that the competent national authority and, where relevant, other national bodies have the power to order the cessation of the infringements referred to in paragraph 1.\n\n3.\n\nMember States shall ensure that the competent national authority and, where relevant, other national bodies have the necessary investigative powers and resources, including the power to obtain any relevant information they might need to monitor and enforce national provisions adopted pursuant to this Directive.\n\n4.\n\nThe relevant national regulatory authorities may adopt measures to ensure effective cross-border cooperation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows.\n\nThe national regulatory authorities shall provide the Commission, in good time before adopting any such measures, with a summary of the grounds for action, the envisaged measures and the proposed course of action. The Commission may, having examined such information and consulted ENISA and the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, make comments or recommendations thereupon, in particular to ensure that the envisaged measures do not adversely affect the functioning of the internal market. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations when deciding on the measures.\n\n▼B"
|
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82
|
+
},
|
|
83
|
+
{
|
|
84
|
+
"number": "16",
|
|
85
|
+
"title": "Transitional arrangements",
|
|
86
|
+
"text": "1.\n\nArticle 12 shall not apply to editions of directories already produced or placed on the market in printed or off-line electronic form before the national provisions adopted pursuant to this Directive enter into force.\n\n2.\n\nWhere the personal data of subscribers to fixed or mobile public voice telephony services have been included in a public subscriber directory in conformity with the provisions of Directive 95/46/EC and of Article 11 of Directive 97/66/EC before the national provisions adopted in pursuance of this Directive enter into force, the personal data of such subscribers may remain included in this public directory in its printed or electronic versions, including versions with reverse search functions, unless subscribers indicate otherwise, after having received complete information about purposes and options in accordance with Article 12 of this Directive."
|
|
87
|
+
},
|
|
88
|
+
{
|
|
89
|
+
"number": "17",
|
|
90
|
+
"title": "Transposition",
|
|
91
|
+
"text": "1.\n\nBefore 31 October 2003 Member States shall bring into force the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.\n\nWhen Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.\n\n2.\n\nMember States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive and of any subsequent amendments to those provisions."
|
|
92
|
+
},
|
|
93
|
+
{
|
|
94
|
+
"number": "18",
|
|
95
|
+
"title": "Review",
|
|
96
|
+
"text": "The Commission shall submit to the European Parliament and the Council, not later than three years after the date referred to in Article 17(1), a report on the application of this Directive and its impact on economic operators and consumers, in particular as regards the provisions on unsolicited communications, taking into account the international environment. For this purpose, the Commission may request information from the Member States, which shall be supplied without undue delay. Where appropriate, the Commission shall submit proposals to amend this Directive, taking account of the results of that report, any changes in the sector and any other proposal it may deem necessary in order to improve the effectiveness of this Directive."
|
|
97
|
+
},
|
|
98
|
+
{
|
|
99
|
+
"number": "19",
|
|
100
|
+
"title": "Repeal",
|
|
101
|
+
"text": "Directive 97/66/EC is hereby repealed with effect from the date referred to in Article 17(1).\n\nReferences made to the repealed Directive shall be construed as being made to this Directive."
|
|
102
|
+
},
|
|
103
|
+
{
|
|
104
|
+
"number": "20",
|
|
105
|
+
"title": "Entry into force",
|
|
106
|
+
"text": "This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities."
|
|
107
|
+
},
|
|
108
|
+
{
|
|
109
|
+
"number": "21",
|
|
110
|
+
"title": "Addressees",
|
|
111
|
+
"text": "This Directive is addressed to the Member States.\n\n(\n\n1\n\n)\n\nOJ C 365 E, 19.12.2000, p. 223.\n\n(\n\n2\n\n)\n\nOJ C 123, 25.4.2001, p. 53.\n\n(\n\n3\n\n) Opinion of the European Parliament of 13 November 2001 (not yet published in the Official Journal), Council Common Position of 28 January 2002 (OJ C 113 E, 14.5.2002, p. 39) and Decision of the European Parliament of 30 May 2002 (not yet published in the Official Journal). Council Decision of 25 June 2002.\n\n(\n\n4\n\n)\n\nOJ L 281, 23.11.1995, p. 31.\n\n(\n\n5\n\n)\n\nOJ L 24, 30.1.1998, p. 1.\n\n(\n\n6\n\n)\n\nOJ L 178, 17.7.2000, p. 1.\n\n(\n\n7\n\n)\n\nOJ L 91, 7.4.1999, p. 10.\n\n(\n\n8\n\n)\n\nOJ L 108, 24.4.2002, p. 33.\n\n(\n\n9\n\n)\n\nOJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).\n\n(\n\n10\n\n)\n\nOJ L 36, 7.2.1987, p. 31. Decision as last amended by the 1994 Act of Accession.\n\n(\n\n11\n\n)\n\nOJ L 105, 13.4.2006, p. 54.\n\n////////////////////////$(document).ready(function(){generateTOC(true,'', 'Top','true');scrollToCurrentUrlAnchor();});//"
|
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112
|
+
}
|
|
113
|
+
],
|
|
114
|
+
"definitions": []
|
|
115
|
+
}
|
|
@@ -0,0 +1,285 @@
|
|
|
1
|
+
{
|
|
2
|
+
"id": "EU_TAXONOMY",
|
|
3
|
+
"full_name": "EU Taxonomy Regulation",
|
|
4
|
+
"celex_id": "32020R0852",
|
|
5
|
+
"effective_date": "2020-07-12",
|
|
6
|
+
"eur_lex_url": "https://eur-lex.europa.eu/eli/reg/2020/852/oj",
|
|
7
|
+
"articles": [
|
|
8
|
+
{
|
|
9
|
+
"number": "1",
|
|
10
|
+
"title": "Subject matter and scope",
|
|
11
|
+
"text": "1. This Regulation establishes the criteria for determining whether an economic activity qualifies as environmentally sustainable for the purposes of establishing the degree to which an investment is environmentally sustainable.\n\n2. This Regulation applies to:\n\n(a)\n\nmeasures adopted by Member States or by the Union that set out requirements for financial market participants or issuers in respect of financial products or corporate bonds that are made available as environmentally sustainable;\n\n(b)\n\nfinancial market participants that make available financial products;\n\n(c)\n\nundertakings which are subject to the obligation to publish a non-financial statement or a consolidated non-financial statement pursuant to Article 19a or Article 29a of Directive 2013/34/EU of the European Parliament and of the Council (68), respectively.",
|
|
12
|
+
"chapter": "I"
|
|
13
|
+
},
|
|
14
|
+
{
|
|
15
|
+
"number": "2",
|
|
16
|
+
"title": "Definitions",
|
|
17
|
+
"text": "For the purposes of this Regulation, the following definitions apply:\n\n(1)\n\n‘environmentally sustainable investment’ means an investment in one or several economic activities that qualify as environmentally sustainable under this Regulation;\n\n(2)\n\n‘financial market participant’ means a financial market participant as defined in point (1) of Article 2 of Regulation (EU) 2019/2088 and includes a manufacturer of a pension product to which a Member State has decided to apply that Regulation in accordance with Article 16 of that Regulation;\n\n(3)\n\n‘financial product’ means a financial product as defined in point (12) of Article 2 of Regulation (EU) 2019/2088;\n\n(4)\n\n‘issuer’ means an issuer as defined in point (h) of Article 2 of Regulation (EU) 2017/1129 of the European Parliament and of the Council (69);\n\n(5)\n\n‘climate change mitigation’ means the process of holding the increase in the global average temperature to well below 2 °C and pursuing efforts to limit it to 1,5 °C above pre-industrial levels, as laid down in the Paris Agreement;\n\n(6)\n\n‘climate change adaptation’ means the process of adjustment to actual and expected climate change and its impacts;\n\n(7)\n\n‘greenhouse gas’ means a greenhouse gas listed in Annex I to Regulation (EU) No 525/2013 of the European Parliament and of the Council (70);\n\n(8)\n\n‘waste hierarchy’ means the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;\n\n(9)\n\n‘circular economy’ means an economic system whereby the value of products, materials and other resources in the economy is maintained for as long as possible, enhancing their efficient use in production and consumption, thereby reducing the environmental impact of their use, minimising waste and the release of hazardous substances at all stages of their life cycle, including through the application of the waste hierarchy;\n\n(10)\n\n‘pollutant’ means a substance, vibration, heat, noise, light or other contaminant present in air, water or land which may be harmful to human health or the environment, which may result in damage to material property, or which may impair or interfere with amenities and other legitimate uses of the environment;\n\n(11)\n\n‘soil’ means the top layer of the Earth’s crust situated between the bedrock and the surface, which is composed of mineral particles, organic matter, water, air and living organisms;\n\n(12)\n\n‘pollution’ means:\n\n(a)\n\nthe direct or indirect introduction of pollutants into air, water or land as a result of human activity;\n\n(b)\n\nin the context of the marine environment, pollution as defined in point 8 of Article 3 of Directive 2008/56/EC;\n\n(c)\n\nin the context of the water environment, pollution as defined in point 33 of Article 2 of Directive 2000/60/EC;\n\n(13)\n\n‘ecosystem’ means a dynamic complex of plant, animal, and micro-organism communities and their non-living environment interacting as a functional unit;\n\n(14)\n\n‘ecosystem services’ means the direct and indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;\n\n(15)\n\n‘biodiversity’ means the variability among living organisms arising from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and includes diversity within species, between species and of ecosystems;\n\n(16)\n\n‘good condition’ means, in relation to an ecosystem, that the ecosystem is in good physical, chemical and biological condition or of a good physical, chemical and biological quality with self-reproduction or self-restoration capability, in which species composition, ecosystem structure and ecological functions are not impaired;\n\n(17)\n\n‘energy efficiency’ means the more efficient use of energy at all the stages of the energy chain from production to final consumption;\n\n(18)\n\n‘marine waters’ means marine waters as defined in point 1 of Article 3 of Directive 2008/56/EC;\n\n(19)\n\n‘surface water’ means surface water as defined in point 1 of Article 2 of Directive 2000/60/EC;\n\n(20)\n\n‘groundwater’ means groundwater as defined in point 2 of Article 2 of Directive 2000/60/EC;\n\n(21)\n\n‘good environmental status’ means good environmental status as defined in point 5 of Article 3 of Directive 2008/56/EC;\n\n(22)\n\n‘good status’ means:\n\n(a)\n\nfor surface water, having both ‘good ecological status’ as defined in point 22 of Article 2 of Directive 2000/60/EC and ‘good surface water chemical status’ as defined in point 24 of Article 2 of that Directive;\n\n(b)\n\nfor groundwater, having both ‘good groundwater chemical status’ as defined in point 25 of Article 2 of Directive 2000/60/EC and ‘good quantitative status’ as defined in point 28 of Article 2 of that Directive;\n\n(23)\n\n‘good ecological potential’ means good ecological potential as defined in point 23 of Article 2 of Directive 2000/60/EC.\n\nENVIRONMENTALLY SUSTAINABLE ECONOMIC ACTIVITIES",
|
|
18
|
+
"chapter": "II"
|
|
19
|
+
},
|
|
20
|
+
{
|
|
21
|
+
"number": "3",
|
|
22
|
+
"title": "Criteria for environmentally sustainable economic activities",
|
|
23
|
+
"text": "For the purposes of establishing the degree to which an investment is environmentally sustainable, an economic activity shall qualify as environmentally sustainable where that economic activity:\n\n(a)\n\ncontributes substantially to one or more of the environmental objectives set out in Article 9 in accordance with Articles 10 to 16;\n\n(b)\n\ndoes not significantly harm any of the environmental objectives set out in Article 9 in accordance with Article 17;\n\n(c)\n\nis carried out in compliance with the minimum safeguards laid down in Article 18; and\n\n(d)\n\ncomplies with technical screening criteria that have been established by the Commission in accordance with Article 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2).",
|
|
24
|
+
"chapter": "II"
|
|
25
|
+
},
|
|
26
|
+
{
|
|
27
|
+
"number": "4",
|
|
28
|
+
"text": "Use of the criteria for environmentally sustainable economic activities in public measures, in standards and in labels\n\nMember States and the Union shall apply the criteria set out in Article 3 to determine whether an economic activity qualifies as environmentally sustainable for the purposes of any measure setting out requirements for financial market participants or issuers in respect of financial products or corporate bonds that are made available as environmentally sustainable.",
|
|
29
|
+
"chapter": "II"
|
|
30
|
+
},
|
|
31
|
+
{
|
|
32
|
+
"number": "5",
|
|
33
|
+
"text": "Transparency of environmentally sustainable investments in pre-contractual disclosures and in periodic reports\n\nWhere a financial product as referred to in Article 9(1), (2) or (3) of Regulation (EU) 2019/2088 invests in an economic activity that contributes to an environmental objective within the meaning of point (17) of Article 2 of that Regulation, the information to be disclosed in accordance with Articles 6(3) and 11(2) of that Regulation shall include the following:\n\n(a)\n\nthe information on the environmental objective or environmental objectives set out in Article 9 of this Regulation to which the investment underlying the financial product contributes; and\n\n(b)\n\na description of how and to what extent the investments underlying the financial product are in economic activities that qualify as environmentally sustainable under Article 3 of this Regulation.\n\nThe description referred to in point (b) of the first subparagraph of this Article shall specify the proportion of investments in environmentally sustainable economic activities selected for the financial product, including details on the proportions of enabling and transitional activities referred to in Article 16 and Article 10(2), respectively, as a percentage of all investments selected for the financial product.",
|
|
34
|
+
"chapter": "II"
|
|
35
|
+
},
|
|
36
|
+
{
|
|
37
|
+
"number": "6",
|
|
38
|
+
"text": "Transparency of financial products that promote environmental characteristics in pre-contractual disclosures and in periodic reports\n\nWhere a financial product as referred to in Article 8(1) of Regulation (EU) 2019/2088 promotes environmental characteristics, Article 5 of this Regulation shall apply mutatis mutandis.\n\nThe information to be disclosed in accordance with Articles 6(3) and 11(2) of Regulation (EU) 2019/2088 shall be accompanied by the following statement:\n\n‘The “do no significant harm” principle applies only to those investments underlying the financial product that take into account the EU criteria for environmentally sustainable economic activities.\n\nThe investments underlying the remaining portion of this financial product do not take into account the EU criteria for environmentally sustainable economic activities.’.",
|
|
39
|
+
"chapter": "II"
|
|
40
|
+
},
|
|
41
|
+
{
|
|
42
|
+
"number": "7",
|
|
43
|
+
"title": "Transparency of other financial products in pre-contractual disclosures and in periodic reports",
|
|
44
|
+
"text": "Where a financial product is not subject to Article 8(1) or to Article 9(1), (2) or (3) of Regulation (EU) 2019/2088, the information to be disclosed in accordance with the provisions of sectoral legislation referred to in Articles 6(3) and 11(2) of that Regulation shall be accompanied by the following statement:\n\n‘The investments underlying this financial product do not take into account the EU criteria for environmentally sustainable economic activities.’.",
|
|
45
|
+
"chapter": "II"
|
|
46
|
+
},
|
|
47
|
+
{
|
|
48
|
+
"number": "8",
|
|
49
|
+
"title": "Transparency of undertakings in non-financial statements",
|
|
50
|
+
"text": "1. Any undertaking which is subject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU shall include in its non-financial statement or consolidated non-financial statement information on how and to what extent the undertaking’s activities are associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of this Regulation.\n\n2. In particular, non-financial undertakings shall disclose the following:\n\n(a)\n\nthe proportion of their turnover derived from products or services associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9; and\n\n(b)\n\nthe proportion of their capital expenditure and the proportion of their operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9.\n\n3. If an undertaking publishes non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU in a separate report in accordance with Article 19a(4) or Article 29a(4) of that Directive, the information referred to in paragraphs 1 and 2 of this Article shall be published in that separate report.\n\n4. The Commission shall adopt a delegated act in accordance with Article 23 to supplement paragraphs 1 and 2 of this Article to specify the content and presentation of the information to be disclosed pursuant to those paragraphs, including the methodology to be used in order to comply with them, taking into account the specificities of both financial and non-financial undertakings and the technical screening criteria established pursuant to this Regulation. The Commission shall adopt that delegated act by 1 June 2021.",
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51
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+
"chapter": "II"
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52
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+
},
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53
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+
{
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54
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+
"number": "9",
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55
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+
"title": "Environmental objectives",
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56
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+
"text": "For the purposes of this Regulation, the following shall be environmental objectives:\n\n(a)\n\nclimate change mitigation;\n\n(b)\n\nclimate change adaptation;\n\n(c)\n\nthe sustainable use and protection of water and marine resources;\n\n(d)\n\nthe transition to a circular economy;\n\n(e)\n\npollution prevention and control;\n\n(f)\n\nthe protection and restoration of biodiversity and ecosystems.",
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57
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+
"chapter": "II"
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58
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+
},
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59
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+
{
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60
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+
"number": "10",
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61
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+
"title": "Substantial contribution to climate change mitigation",
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62
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+
"text": "1. An economic activity shall qualify as contributing substantially to climate change mitigation where that activity contributes substantially to the stabilisation of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system consistent with the long-term temperature goal of the Paris Agreement through the avoidance or reduction of greenhouse gas emissions or the increase of greenhouse gas removals, including through process innovations or product innovations, by:\n\n(a)\n\ngenerating, transmitting, storing, distributing or using renewable energy in line with Directive (EU) 2018/2001, including through using innovative technology with a potential for significant future savings or through necessary reinforcement or extension of the grid;\n\n(b)\n\nimproving energy efficiency, except for power generation activities as referred to in Article 19(3);\n\n(c)\n\nincreasing clean or climate-neutral mobility;\n\n(d)\n\nswitching to the use of sustainably sourced renewable materials;\n\n(e)\n\nincreasing the use of environmentally safe carbon capture and utilisation (CCU) and carbon capture and storage (CCS) technologies that deliver a net reduction in greenhouse gas emissions;\n\n(f)\n\nstrengthening land carbon sinks, including through avoiding deforestation and forest degradation, restoration of forests, sustainable management and restoration of croplands, grasslands and wetlands, afforestation, and regenerative agriculture;\n\n(g)\n\nestablishing energy infrastructure required for enabling the decarbonisation of energy systems;\n\n(h)\n\nproducing clean and efficient fuels from renewable or carbon-neutral sources; or\n\n(i)\n\nenabling any of the activities listed in points (a) to (h) of this paragraph in accordance with Article 16.\n\n2. For the purposes of paragraph 1, an economic activity for which there is no technologically and economically feasible low-carbon alternative shall qualify as contributing substantially to climate change mitigation where it supports the transition to a climate-neutral economy consistent with a pathway to limit the temperature increase to 1,5 0C above pre-industrial levels, including by phasing out greenhouse gas emissions, in particular emissions from solid fossil fuels, and where that activity:\n\n(a)\n\nhas greenhouse gas emission levels that correspond to the best performance in the sector or industry;\n\n(b)\n\ndoes not hamper the development and deployment of low-carbon alternatives; and\n\n(c)\n\ndoes not lead to a lock-in of carbon-intensive assets, considering the economic lifetime of those assets.\n\nFor the purpose of this paragraph and the establishment of technical screening criteria pursuant to Article 19, the Commission shall assess the potential contribution and feasibility of all relevant existing technologies.\n\n3. The Commission shall adopt a delegated act in accordance with Article 23 to:\n\n(a)\n\nsupplement paragraphs 1 and 2 of this Article by establishing technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to climate change mitigation; and\n\n(b)\n\nsupplement Article 17 by establishing, for each relevant environmental objective, technical screening criteria for determining whether an economic activity in respect of which technical screening criteria have been established pursuant to point (a) of this paragraph causes significant harm to one or more of those objectives.\n\n4. Prior to adopting the delegated act referred to in paragraph 3 of this Article, the Commission shall consult the Platform referred to in Article 20 regarding the technical screening criteria referred to in paragraph 3 of this Article.\n\n5. The Commission shall establish the technical screening criteria referred to in paragraph 3 of this Article in one delegated act, taking into account the requirements of Article 19.\n\n6. The Commission shall adopt the delegated act referred to in paragraph 3 by 31 December 2020, with a view to ensuring its application from 1 January 2022.",
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63
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+
"chapter": "II"
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64
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+
},
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65
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+
{
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66
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+
"number": "11",
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67
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+
"title": "Substantial contribution to climate change adaptation",
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68
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+
"text": "1. An economic activity shall qualify as contributing substantially to climate change adaptation where that activity:\n\n(a)\n\nincludes adaptation solutions that either substantially reduce the risk of the adverse impact of the current climate and the expected future climate on that economic activity or substantially reduce that adverse impact, without increasing the risk of an adverse impact on people, nature or assets; or\n\n(b)\n\nprovides adaptation solutions that, in addition to satisfying the conditions set out in Article 16, contribute substantially to preventing or reducing the risk of the adverse impact of the current climate and the expected future climate on people, nature or assets, without increasing the risk of an adverse impact on other people, nature or assets.\n\n2. The adaptation solutions referred to in point (a) of paragraph 1 shall be assessed and ranked in order of priority using the best available climate projections and shall, at a minimum, prevent or reduce:\n\n(a)\n\nthe location-specific and context-specific adverse impact of climate change on the economic activity; or\n\n(b)\n\nthe potential adverse impact of climate change on the environment within which the economic activity takes place.\n\n3. The Commission shall adopt a delegated act in accordance with Article 23 to:\n\n(a)\n\nsupplement paragraphs 1 and 2 of this Article by establishing technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to climate change adaptation; and\n\n(b)\n\nsupplement Article 17 by establishing, for each relevant environmental objective, technical screening criteria for determining whether an economic activity in respect of which technical screening criteria have been established pursuant to point (a) of this paragraph causes significant harm to one or more of those objectives.\n\n4. Prior to adopting the delegated act referred to in paragraph 3 of this Article, the Commission shall consult the Platform referred to in Article 20 regarding the technical screening criteria referred to in paragraph 3 of this Article.\n\n5. The Commission shall establish the technical screening criteria referred to in paragraph 3 of this Article in one delegated act, taking into account the requirements of Article 19.\n\n6. The Commission shall adopt the delegated act referred to in paragraph 3 by 31 December 2020, with a view to ensuring its application from 1 January 2022.",
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69
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+
"chapter": "II"
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70
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+
},
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71
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+
{
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72
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+
"number": "12",
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|
73
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+
"title": "Substantial contribution to the sustainable use and protection of water and marine resources",
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74
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+
"text": "1. An economic activity shall qualify as contributing substantially to the sustainable use and protection of water and marine resources where that activity either contributes substantially to achieving the good status of bodies of water, including bodies of surface water and groundwater or to preventing the deterioration of bodies of water that already have good status, or contributes substantially to achieving the good environmental status of marine waters or to preventing the deterioration of marine waters that are already in good environmental status, by:\n\n(a)\n\nprotecting the environment from the adverse effects of urban and industrial waste water discharges, including from contaminants of emerging concern such as pharmaceuticals and microplastics, for example by ensuring the adequate collection, treatment and discharge of urban and industrial waste waters;\n\n(b)\n\nprotecting human health from the adverse impact of any contamination of water intended for human consumption by ensuring that it is free from any micro-organisms, parasites and substances that constitute a potential danger to human health as well as increasing people’s access to clean drinking water;\n\n(c)\n\nimproving water management and efficiency, including by protecting and enhancing the status of aquatic ecosystems, by promoting the sustainable use of water through the long-term protection of available water resources, inter alia, through measures such as water reuse, by ensuring the progressive reduction of pollutant emissions into surface water and groundwater, by contributing to mitigating the effects of floods and droughts, or through any other activity that protects or improves the qualitative and quantitative status of water bodies;\n\n(d)\n\nensuring the sustainable use of marine ecosystem services or contributing to the good environmental status of marine waters, including by protecting, preserving or restoring the marine environment and by preventing or reducing inputs in the marine environment; or\n\n(e)\n\nenabling any of the activities listed in points (a) to (d) of this paragraph in accordance with Article 16.\n\n2. The Commission shall adopt a delegated act in accordance with Article 23 to:\n\n(a)\n\nsupplement paragraph 1 of this Article by establishing technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to sustainable use and protection of water and marine resources; and\n\n(b)\n\nsupplement Article 17 by establishing, for each relevant environmental objective, technical screening criteria, for determining whether an economic activity in respect of which technical screening criteria have been established pursuant to point (a) of this paragraph causes significant harm to one or more of those objectives.\n\n3. Prior to adopting the delegated act referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 20 regarding the technical screening criteria referred to in paragraph 2 of this Article.\n\n4. The Commission shall establish the technical screening criteria referred to in paragraph 2 of this Article in one delegated act, taking into account the requirements of Article 19.\n\n5. The Commission shall adopt the delegated act referred to in paragraph 2 by 31 December 2021, with a view to ensuring its application from 1 January 2023.",
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75
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+
"chapter": "II"
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76
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+
},
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77
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+
{
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|
78
|
+
"number": "13",
|
|
79
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+
"title": "Substantial contribution to the transition to a circular economy",
|
|
80
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+
"text": "1. An economic activity shall qualify as contributing substantially to the transition to a circular economy, including waste prevention, re-use and recycling, where that activity:\n\n(a)\n\nuses natural resources, including sustainably sourced bio-based and other raw materials, in production more efficiently, including by:\n\n(i)\n\nreducing the use of primary raw materials or increasing the use of by-products and secondary raw materials; or\n\n(ii)\n\nresource and energy efficiency measures;\n\n(b)\n\nincreases the durability, reparability, upgradability or reusability of products, in particular in designing and manufacturing activities;\n\n(c)\n\nincreases the recyclability of products, including the recyclability of individual materials contained in those products, inter alia, by substitution or reduced use of products and materials that are not recyclable, in particular in designing and manufacturing activities;\n\n(d)\n\nsubstantially reduces the content of hazardous substances and substitutes substances of very high concern in materials and products throughout their life cycle, in line with the objectives set out in Union law, including by replacing such substances with safer alternatives and ensuring traceability;\n\n(e)\n\nprolongs the use of products, including through reuse, design for longevity, repurposing, disassembly, remanufacturing, upgrades and repair, and sharing products;\n\n(f)\n\nincreases the use of secondary raw materials and their quality, including by high-quality recycling of waste;\n\n(g)\n\nprevents or reduces waste generation, including the generation of waste from the extraction of minerals and waste from the construction and demolition of buildings;\n\n(h)\n\nincreases preparing for the re-use and recycling of waste;\n\n(i)\n\nincreases the development of the waste management infrastructure needed for prevention, for preparing for re-use and for recycling, while ensuring that the recovered materials are recycled as high-quality secondary raw material input in production, thereby avoiding downcycling;\n\n(j)\n\nminimises the incineration of waste and avoids the disposal of waste, including landfilling, in accordance with the principles of the waste hierarchy;\n\n(k)\n\navoids and reduces litter; or\n\n(l)\n\nenables any of the activities listed in points (a) to (k) of this paragraph in accordance with Article 16.\n\n2. The Commission shall adopt a delegated act in accordance with Article 23 to:\n\n(a)\n\nsupplement paragraph 1 of this Article by establishing technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to the transition to a circular economy; and\n\n(b)\n\nsupplement Article 17 by establishing, for each relevant environmental objective, technical screening criteria for determining whether an economic activity in respect of which technical screening criteria have established pursuant to point (a) of this paragraph causes significant harm to one or more of those objectives.\n\n3. Prior to adopting the delegated act referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 20 regarding the technical screening criteria referred to in paragraph 2 of this Article.\n\n4. The Commission shall establish the technical screening criteria referred to in paragraph 2 of this Article in one delegated act, taking into account the requirements of Article 19.\n\n5. The Commission shall adopt the delegated act referred to in paragraph 2 by 31 December 2021, with a view to ensuring its application from 1 January 2023.",
|
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81
|
+
"chapter": "II"
|
|
82
|
+
},
|
|
83
|
+
{
|
|
84
|
+
"number": "14",
|
|
85
|
+
"title": "Substantial contribution to pollution prevention and control",
|
|
86
|
+
"text": "1. An economic activity shall qualify as contributing substantially to pollution prevention and control where that activity contributes substantially to environmental protection from pollution by:\n\n(a)\n\npreventing or, where that is not practicable, reducing pollutant emissions into air, water or land, other than greenhouse gasses;\n\n(b)\n\nimproving levels of air, water or soil quality in the areas in which the economic activity takes place whilst minimising any adverse impact on, human health and the environment or the risk thereof;\n\n(c)\n\npreventing or minimising any adverse impact on human health and the environment of the production, use or disposal of chemicals;\n\n(d)\n\ncleaning up litter and other pollution; or\n\n(e)\n\nenabling any of the activities listed in points (a) to (d) of this paragraph in accordance with Article 16.\n\n2. The Commission shall adopt a delegated act in accordance with Article 23 to:\n\n(a)\n\nsupplement paragraph 1 of this Article by establishing technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to pollution prevention and control; and\n\n(b)\n\nsupplement Article 17 by establishing, for each relevant environmental objective, technical screening criteria for determining whether an economic activity in respect of which technical screening criteria have been established pursuant to point (a) of this paragraph causes significant harm to one or more of those objectives.\n\n3. Prior to adopting the delegated act referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 20 regarding the technical screening criteria referred to in paragraph 2 of this Article.\n\n4. The Commission shall establish the technical screening criteria referred to in paragraph 2 of this Article in one delegated act, taking into account the requirements of Article 19.\n\n5. The Commission shall adopt the delegated act referred to in paragraph 2 by 31 December 2021, with a view to ensuring its application from 1 January 2023.",
|
|
87
|
+
"chapter": "II"
|
|
88
|
+
},
|
|
89
|
+
{
|
|
90
|
+
"number": "15",
|
|
91
|
+
"title": "Substantial contribution to the protection and restoration of biodiversity and ecosystems",
|
|
92
|
+
"text": "1. An economic activity shall qualify as contributing substantially to the protection and restoration of biodiversity and ecosystems where that activity contributes substantially to protecting, conserving or restoring biodiversity or to achieving the good condition of ecosystems, or to protecting ecosystems that are already in good condition, through:\n\n(a)\n\nnature and biodiversity conservation, including achieving favourable conservation status of natural and semi-natural habitats and species, or preventing their deterioration where they already have favourable conservation status, and protecting and restoring terrestrial, marine and other aquatic ecosystems in order to improve their condition and enhance their capacity to provide ecosystem services;\n\n(b)\n\nsustainable land use and management, including adequate protection of soil biodiversity, land degradation neutrality and the remediation of contaminated sites;\n\n(c)\n\nsustainable agricultural practices, including those that contribute to enhancing biodiversity or to halting or preventing the degradation of soils and other ecosystems, deforestation and habitat loss;\n\n(d)\n\nsustainable forest management, including practices and uses of forests and forest land that contribute to enhancing biodiversity or to halting or preventing degradation of ecosystems, deforestation and habitat loss; or\n\n(e)\n\nenabling any of the activities listed in points (a) to (d) of this paragraph in accordance with Article 16.\n\n2. The Commission shall adopt a delegated act in accordance with Article 23 to:\n\n(a)\n\nsupplement paragraph 1 of this Article by establishing technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to the protection and restoration of biodiversity and ecosystems; and\n\n(b)\n\nsupplement Article 17 by establishing, for each relevant environmental objective, technical screening criteria for determining whether an economic activity in respect of which technical screening criteria have been established pursuant to point (a) of this paragraph causes significant harm to one or more of those objectives.\n\n3. Prior to adopting the delegated act referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 20 regarding the technical screening criteria referred to in paragraph 2 of this Article.\n\n4. The Commission shall establish the technical screening criteria referred to in paragraph 2 of this Article in one delegated act, taking into account the requirements of Article 19.\n\n5. The Commission shall adopt the delegated act referred to in paragraph 2 by 31 December 2021, with a view to ensuring its application from 1 January 2023.",
|
|
93
|
+
"chapter": "II"
|
|
94
|
+
},
|
|
95
|
+
{
|
|
96
|
+
"number": "16",
|
|
97
|
+
"title": "Enabling activities",
|
|
98
|
+
"text": "An economic activity shall qualify as contributing substantially to one or more of the environmental objectives set out in Article 9 by directly enabling other activities to make a substantial contribution to one or more of those objectives, provided that such economic activity:\n\n(a)\n\ndoes not lead to a lock-in of assets that undermine long-term environmental goals, considering the economic lifetime of those assets; and\n\n(b)\n\nhas a substantial positive environmental impact, on the basis of life-cycle considerations.",
|
|
99
|
+
"chapter": "II"
|
|
100
|
+
},
|
|
101
|
+
{
|
|
102
|
+
"number": "17",
|
|
103
|
+
"title": "Significant harm to environmental objectives",
|
|
104
|
+
"text": "1. For the purposes of point (b) of Article 3, taking into account the life cycle of the products and services provided by an economic activity, including evidence from existing life-cycle assessments, that economic activity shall be considered to significantly harm:\n\n(a)\n\nclimate change mitigation, where that activity leads to significant greenhouse gas emissions;\n\n(b)\n\nclimate change adaptation, where that activity leads to an increased adverse impact of the current climate and the expected future climate, on the activity itself or on people, nature or assets;\n\n(c)\n\nthe sustainable use and protection of water and marine resources, where that activity is detrimental:\n\n(i)\n\nto the good status or the good ecological potential of bodies of water, including surface water and groundwater; or\n\n(ii)\n\nto the good environmental status of marine waters;\n\n(d)\n\nthe circular economy, including waste prevention and recycling, where:\n\n(i)\n\nthat activity leads to significant inefficiencies in the use of materials or in the direct or indirect use of natural resources such as non-renewable energy sources, raw materials, water and land at one or more stages of the life cycle of products, including in terms of durability, reparability, upgradability, reusability or recyclability of products;\n\n(ii)\n\nthat activity leads to a significant increase in the generation, incineration or disposal of waste, with the exception of the incineration of non-recyclable hazardous waste; or\n\n(iii)\n\nthe long-term disposal of waste may cause significant and long-term harm to the environment;\n\n(e)\n\npollution prevention and control, where that activity leads to a significant increase in the emissions of pollutants into air, water or land, as compared with the situation before the activity started; or\n\n(f)\n\nthe protection and restoration of biodiversity and ecosystems, where that activity is:\n\n(i)\n\nsignificantly detrimental to the good condition and resilience of ecosystems; or\n\n(ii)\n\ndetrimental to the conservation status of habitats and species, including those of Union interest.\n\n2. When assessing an economic activity against the criteria set out in paragraph 1, both the environmental impact of the activity itself and the environmental impact of the products and services provided by that activity throughout their life cycle shall be taken into account, in particular by considering the production, use and end of life of those products and services.",
|
|
105
|
+
"chapter": "II"
|
|
106
|
+
},
|
|
107
|
+
{
|
|
108
|
+
"number": "18",
|
|
109
|
+
"title": "Minimum safeguards",
|
|
110
|
+
"text": "1. The minimum safeguards referred to in point (c) of Article 3 shall be procedures implemented by an undertaking that is carrying out an economic activity to ensure the alignment with the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, including the principles and rights set out in the eight fundamental conventions identified in the Declaration of the International Labour Organisation on Fundamental Principles and Rights at Work and the International Bill of Human Rights.\n\n2. When implementing the procedures referred to in paragraph 1 of this Article, undertakings shall adhere to the principle of ‘do no significant harm’ referred to in point (17) of Article 2 of Regulation (EU) 2019/2088.",
|
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111
|
+
"chapter": "II"
|
|
112
|
+
},
|
|
113
|
+
{
|
|
114
|
+
"number": "19",
|
|
115
|
+
"title": "Requirements for technical screening criteria",
|
|
116
|
+
"text": "1. The technical screening criteria established pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) and 15(2) shall:\n\n(a)\n\nidentify the most relevant potential contributions to the given environmental objective while respecting the principle of technological neutrality, considering both the short- and long-term impact of a given economic activity;\n\n(b)\n\nspecify the minimum requirements that need to be met to avoid significant harm to any of the relevant environmental objectives, considering both the short- and long-term impact of a given economic activity;\n\n(c)\n\nbe quantitative and contain thresholds to the extent possible, and otherwise be qualitative;\n\n(d)\n\nwhere appropriate, build upon Union labelling and certification schemes, Union methodologies for assessing environmental footprint, and Union statistical classification systems, and take into account any relevant existing Union legislation;\n\n(e)\n\nwhere feasible, use sustainability indicators as referred to in Article 4(6) of Regulation (EU) 2019/2088;\n\n(f)\n\nbe based on conclusive scientific evidence and the precautionary principle enshrined in Article 191 TFEU;\n\n(g)\n\ntake into account the life cycle, including evidence from existing life-cycle assessments, by considering both the environmental impact of the economic activity itself and the environmental impact of the products and services provided by that economic activity, in particular by considering the production, use and end of life of those products and services;\n\n(h)\n\ntake into account the nature and the scale of the economic activity, including:\n\n(i)\n\nwhether it is an enabling activity as referred to in Article 16; or\n\n(ii)\n\nwhether it is a transitional activity as referred to in Article 10(2);\n\n(i)\n\ntake into account the potential market impact of the transition to a more sustainable economy, including the risk of certain assets becoming stranded as a result of such transition, as well as the risk of creating inconsistent incentives for investing sustainably;\n\n(j)\n\ncover all relevant economic activities within a specific sector and ensure that those activities are treated equally if they contribute equally towards the environmental objectives set out in Article 9 of this Regulation, to avoid distorting competition in the market; and\n\n(k)\n\nbe easy to use and be set in a manner that facilitates the verification of their compliance.\n\nWhere the economic activity belongs to one of the categories referred to in point (h), the technical screening criteria shall clearly indicate that fact.\n\n2. The technical screening criteria referred to in paragraph 1 shall also include criteria for activities related to the clean energy transition consistent with a pathway to limit the temperature increase to 1,5 0C above pre-industrial levels, in particular energy efficiency and renewable energy, to the extent that those activities substantially contribute to any of the environmental objectives.\n\n3. The technical screening criteria referred to in paragraph 1 shall ensure that power generation activities that use solid fossil fuels do not qualify as environmentally sustainable economic activities.\n\n4. The technical screening criteria referred to in paragraph 1 shall also include criteria for activities related to the switch to clean or climate-neutral mobility, including through modal shift, efficiency measures and alternative fuels, to the extent that those are substantially contributing to any of the environmental objectives.\n\n5. The Commission shall regularly review the technical screening criteria referred to in paragraph 1 and, where appropriate, amend the delegated acts adopted in accordance with this Regulation in line with scientific and technological developments.\n\nIn that context, before amending or replacing a delegated act, the Commission shall assess the implementation of those criteria taking into account the outcome of their application by financial market participants and their impact on capital markets, including on the channelling of investment into environmentally sustainable economic activities.\n\nTo ensure that economic activities as referred to in Article 10(2) remain on a credible transition pathway consistent with a climate-neutral economy, the Commission shall review the technical screening criteria for those activities at least every three years and, where appropriate, amend the delegated act referred to in Article 10(3) in line with scientific and technological developments.",
|
|
117
|
+
"chapter": "II"
|
|
118
|
+
},
|
|
119
|
+
{
|
|
120
|
+
"number": "20",
|
|
121
|
+
"title": "Platform on Sustainable Finance",
|
|
122
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+
"text": "1. The Commission shall establish a Platform on Sustainable Finance (the ‘Platform’). It shall be composed in a balanced manner of the following groups:\n\n(a)\n\nrepresentatives of:\n\n(i)\n\nthe European Environment Agency;\n\n(ii)\n\nthe ESAs;\n\n(iii)\n\nthe European Investment Bank and the European Investment Fund; and\n\n(iv)\n\nthe European Union Agency for Fundamental Rights;\n\n(b)\n\nexperts representing relevant private stakeholders, including financial and non-financial market participants and business sectors, representing relevant industries, and persons with accounting and reporting expertise;\n\n(c)\n\nexperts representing civil society, including persons with expertise in the field of environmental, social, labour and governance issues;\n\n(d)\n\nexperts appointed in a personal capacity, who have proven knowledge and experience in the areas covered by this Regulation;\n\n(e)\n\nexperts representing academia, including universities, research institutes and other scientific organisations, including persons with global expertise.\n\n2. The Platform shall:\n\n(a)\n\nadvise the Commission on the technical screening criteria referred to in Article 19, as well as on the possible need to update those criteria;\n\n(b)\n\nanalyse the impact of the technical screening criteria in terms of potential costs and benefits of their application;\n\n(c)\n\nassist the Commission in analysing requests from stakeholders to develop or revise technical screening criteria for a given economic activity;\n\n(d)\n\nadvise the Commission, where appropriate, on the possible role of sustainability accounting and reporting standards in supporting the application of the technical screening criteria;\n\n(e)\n\nmonitor and regularly report to the Commission on trends at Union and Member State level regarding capital flows into sustainable investment;\n\n(f)\n\nadvise the Commission on the possible need to develop further measures to improve data availability and quality;\n\n(g)\n\nadvise the Commission on the usability of the technical screening criteria, taking into account the need to avoid undue administrative burdens;\n\n(h)\n\nadvise the Commission on the possible need to amend this Regulation;\n\n(i)\n\nadvise the Commission on the evaluation and development of sustainable finance policies, including with regard to policy coherence issues;\n\n(j)\n\nadvise the Commission on addressing other sustainability objectives, including social objectives;\n\n(k)\n\nadvise the Commission on the application of Article 18 and the possible need to supplement the requirements thereof.\n\n3. The Platform shall take into account the views of a wide range of stakeholders.\n\n4. The Platform shall be chaired by the Commission and constituted in accordance with the horizontal rules on the creation and operation of Commission expert groups. In that context the Commission may invite experts with specific expertise on an ad hoc basis.\n\n5. The Platform shall carry out its tasks in accordance with the principle of transparency. The Commission shall publish the minutes of the meetings of the Platform and other relevant documents on the Commission website.\n\n6. Where financial market participants consider that an economic activity which does not comply with the technical screening criteria established pursuant to this Regulation, or for which such technical screening criteria have not yet been established, should qualify as environmentally sustainable, they may inform the Platform thereof.",
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123
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"chapter": "II"
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124
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+
},
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125
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+
{
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126
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+
"number": "21",
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127
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+
"title": "Competent authorities",
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128
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"text": "1. Member States shall ensure that the competent authorities referred to in Article 14(1) of Regulation (EU) 2019/2088 monitor the compliance of financial market participants with the requirements laid down in Articles 5, 6 and 7 of this Regulation. Member States shall ensure that their competent authorities have all the necessary supervisory and investigatory powers for the exercise of their functions under this Regulation.\n\n2. For the purposes of this Regulation, the competent authorities shall cooperate with each other and shall provide each other, without undue delay, with such information as is relevant for the purposes of carrying out their duties under this Regulation.",
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129
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"chapter": "II"
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130
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+
},
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131
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+
{
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132
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+
"number": "22",
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133
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+
"title": "Measures and penalties",
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134
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"text": "Member States shall lay down the rules on measures and penalties applicable to infringements of Articles 5, 6 and 7. The measures and penalties provided for shall be effective, proportionate and dissuasive.",
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135
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+
"chapter": "II"
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136
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+
},
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137
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+
{
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138
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+
"number": "23",
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139
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+
"title": "Exercise of the delegation",
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140
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+
"text": "1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.\n\n2. The power to adopt delegated acts referred to in Articles 8(4), 10(3), 11(3), 12(2), 13(2), 14(2) and 15(2) shall be conferred on the Commission for an indeterminate period from 12 July 2020.\n\n3. The delegations of powers referred to in Articles 8(4), 10(3), 11(3), 12(2), 13(2), 14(2) and 15(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.\n\n4. The Commission shall gather all necessary expertise, prior to the adoption and during the development of delegated acts, including through the consultation of the experts of the Member State Expert Group on Sustainable Finance referred to in Article 24. Before adopting a delegated act, the Commission shall act in accordance with the principles and procedures laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.\n\n5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.\n\n6. A delegated act adopted pursuant to Article 8(4), 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of four months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.",
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141
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"chapter": "II"
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142
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+
},
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143
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+
{
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144
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+
"number": "24",
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145
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+
"title": "Member State Expert Group on Sustainable Finance",
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146
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+
"text": "1. A Member State Expert Group on Sustainable Finance (the ‘Member State Expert Group’) shall advise the Commission on the appropriateness of the technical screening criteria and the approach taken by the Platform regarding the development of those criteria in accordance with Article 19.\n\n2. The Commission shall inform the Member States through meetings of the Member State Expert Group to facilitate an exchange of views between the Member States and the Commission on a timely basis, in particular as regards the main output of the Platform, such as new technical screening criteria or material updates thereof, or draft reports.\n\nFINAL PROVISIONS",
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147
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+
"chapter": "III"
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148
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+
},
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149
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+
{
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150
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+
"number": "25",
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151
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+
"title": "Amendments to Regulation (EU) 2019/2088",
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152
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+
"text": "Regulation (EU) 2019/2088 is amended as follows:\n\n(1)\n\nthe following Article is inserted:\n\n‘Article 2a\n\nPrinciple of do no significant harm\n\n1. The European Supervisory Authorities established by Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 of the European Parliament and of the Council (collectively, the ‘ESAs’) shall, through the Joint Committee, develop draft regulatory technical standards to specify the details of the content and presentation of the information in relation to the principle of ‘do no significant harm’ referred to in point (17) of Article 2 of this Regulation consistent with the content, methodologies, and presentation in respect of the sustainability indicators in relation to the adverse impacts referred to in paragraphs 6 and 7 of Article 4 of this Regulation.\n\n2. The ESAs shall submit the draft regulatory technical standards referred to in paragraph 1 to the Commission by 30 December 2020.\n\n3. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in paragraph 1 of this Article in accordance with Articles 10 to 14 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010.’;\n\n(2)\n\nArticle 8 is amended as follows:\n\n(a)\n\nthe following paragraph is inserted:\n\n‘2a. Where financial market participants make available a financial product as referred to in Article 6 of Regulation (EU) 2020/852 of the European Parliament and of the Council (*1), they shall include in the information to be disclosed pursuant to Article 6(1) and (3) of this Regulation the information required under Article 6 of Regulation (EU) 2020/852.\n\n(*1) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).’;\"\n\n(b)\n\nin paragraph 3, the first subparagraph is replaced by the following:\n\n‘3. The ESAs shall, through the Joint Committee, develop draft regulatory technical standards to specify the details of the content and presentation of the information to be disclosed pursuant to paragraphs 1 and 2 of this Article.’;\n\n(c)\n\nthe following paragraph is added:\n\n‘4. The ESAs shall, through the Joint Committee, develop draft regulatory technical standards to specify the details of the content and presentation of the information referred to in paragraph 2a of this Article.\n\nWhen developing the draft regulatory technical standards referred to in the first subparagraph of this paragraph, the ESAs shall take into account the various types of financial products, their characteristics and the differences between them, as well as the objective that disclosures are to be accurate, fair, clear, not misleading, simple and concise and, where necessary to achieve that objective, shall develop draft amendments to the regulatory technical standards referred to in paragraph 3 of this Article. The draft regulatory technical standards shall take into account the respective dates of application set out in points (a) and (b) of Article 27(2) of Regulation (EU) 2020/852 in respect of the environmental objectives set out in Article 9 of that Regulation.\n\nThe ESAs shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission:\n\n(a)\n\nin respect of the environmental objectives referred to in points (a) and (b) of Article 9 of Regulation (EU) 2020/852, by 1 June 2021; and\n\n(b)\n\nin respect of the environmental objectives referred to in points (c) to (f) of Article 9 of Regulation (EU) 2020/852, by 1 June 2022.\n\nPower is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010.’;\n\n(3)\n\nArticle 9 is amended as follows:\n\n(a)\n\nthe following paragraph is inserted:\n\n‘4a. Financial market participants shall include in the information to be disclosed pursuant to Article 6(1) and (3) of this Regulation the information required under Article 5 of Regulation (EU) 2020/852.’;\n\n(b)\n\nin paragraph 5, the first subparagraph is replaced by the following:\n\n‘5. The ESAs shall, through the Joint Committee, develop draft regulatory technical standards to specify the details of the content and presentation of the information to be disclosed pursuant to paragraphs 1 to 4 of this Article.’;\n\n(c)\n\nthe following paragraph is added:\n\n‘6. The ESAs shall, through the Joint Committee, develop draft regulatory technical standards to specify the details of the content and presentation of the information referred to in paragraph 4a of this Article.\n\nWhen developing the draft regulatory technical standards referred to in the first subparagraph of this paragraph, the ESAs shall take into account the various types of financial products, their objectives as referred to in paragraph 4a of this Article and the differences between them as well as the objective that disclosures are to be accurate, fair, clear, not misleading, simple and concise and, where necessary to achieve that objective, shall develop draft amendments to the regulatory technical standards referred to in paragraph 5 of this Article. The draft regulatory technical standards shall take into account the respective dates of application set out in points (a) and (b) of Article 27(2) of Regulation (EU) 2020/852 in respect of the environmental objectives set out in Article 9 of that Regulation.\n\nThe ESAs shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission:\n\n(a)\n\nin respect of the environmental objectives referred to in points (a) and (b) of Article 9 of Regulation (EU) 2020/852, by 1 June 2021; and\n\n(b)\n\nin respect of the environmental objectives referred to in points (c) to (f) of Article 9 of Regulation (EU) 2020/852, by 1 June 2022.\n\nPower is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010.’;\n\n(4)\n\nArticle 11 is amended as follows:\n\n(a)\n\nin paragraph 1, the following points are added:\n\n‘(c)\n\nfor a financial product subject to Article 5 of Regulation (EU) 2020/852, the information required under that Article;\n\n(d)\n\nfor a financial product subject to Article 6 of Regulation (EU) 2020/852, the information required under that Article.’;\n\n(b)\n\nin paragraph 4, the first subparagraph is replaced by:\n\n‘4. The ESAs shall, through the Joint Committee, develop draft regulatory technical standards to specify the details of the content and presentation of the information referred to in points (a) and (b) of paragraph 1.’;\n\n(c)\n\nthe following paragraph is added:\n\n‘5. The ESAs shall, through the Joint Committee, develop draft regulatory technical standards to specify the details of the content and presentation of the information referred to in points (c) and (d) of paragraph 1.\n\nWhen developing the draft regulatory technical standards referred to in the first subparagraph of this paragraph, the ESAs shall take into account the various types of financial products, their characteristics and objectives and the differences between them and, where necessary, shall develop draft amendments to the regulatory technical standards referred to in paragraph 4 of this Article. The draft regulatory technical standards shall take into account the respective dates of application set out in points (a) and (b) of Article 27(2) of Regulation (EU) 2020/852 in respect of the environmental objectives set out in Article 9 of that Regulation. The ESAs shall update the regulatory technical standards in the light of regulatory and technological developments.\n\nThe ESAs shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission:\n\n(a)\n\nin respect of the environmental objectives referred to in points (a) and (b) of Article 9 of Regulation (EU) 2020/852, by 1 June 2021; and\n\n(b)\n\nin respect of the environmental objectives referred to in points (c) to (f) of Article 9 of Regulation (EU) 2020/852, by 1 June 2022.\n\nPower is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010.’;\n\n(5)\n\nin Article 20, paragraph 3 is replaced by the following:\n\n‘3. By way of derogation from paragraph 2 of this Article:\n\n(a)\n\nArticles 4(6) and (7), 8(3), 9(5), 10(2), 11(4) and 13(2) shall apply from 29 December 2019;\n\n(b)\n\nArticles 2a, 8(4), 9(6) and 11(5) shall apply from 12 July 2020;\n\n(c)\n\nArticles 8(2a) and 9(4a) shall apply:\n\n(i)\n\nin respect of the environmental objectives referred to in points (a) and (b) of Article 9 of Regulation (EU) 2020/852, from 1 January 2022; and\n\n(ii)\n\nin respect of the environmental objectives referred to in points (c) to (f) of Article 9 of Regulation (EU) 2020/852, from 1 January 2023;\n\n(d)\n\nArticle 11(1), (2) and (3) shall apply from 1 January 2022.’.",
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153
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"chapter": "III"
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154
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+
},
|
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155
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+
{
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156
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+
"number": "26",
|
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157
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+
"title": "Review",
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158
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+
"text": "1. By 13 July 2022, and subsequently every three years thereafter, the Commission shall publish a report on the application of this Regulation. That report shall evaluate the following:\n\n(a)\n\nthe progress in implementing this Regulation with regard to the development of technical screening criteria for environmentally sustainable economic activities;\n\n(b)\n\nthe possible need to revise and complement the criteria set out in Article 3 for an economic activity to qualify as environmentally sustainable;\n\n(c)\n\nthe use of the definition of environmentally sustainable investment in Union law, and at Member State level, including the provisions required for setting up verification mechanisms of compliance with the criteria set out in this Regulation;\n\n(d)\n\nthe effectiveness of the application of the technical screening criteria established pursuant to this Regulation in channelling private investments into environmentally sustainable economic activities and in particular as regards capital flows, including equity, into private enterprises and other legal entities, both through financial products covered by this Regulation and other financial products;\n\n(e)\n\nthe access by financial market participants covered by this Regulation and by investors to reliable, timely and verifiable information and data regarding private enterprises and other legal entities, including investee companies within and outside the scope of this Regulation and, in both cases, as regards equity and debt capital, taking into account the associated administrative burden, as well as the procedures for the verification of the data that are necessary for the determination of the degree of alignment with the technical screening criteria and to ensure compliance with those procedures;\n\n(f)\n\nthe application of Articles 21 and 22.\n\n2. By 31 December 2021, the Commission shall publish a report describing the provisions that would be required to extend the scope of this Regulation beyond environmentally sustainable economic activities and describing the provisions that would be required to cover:\n\n(a)\n\neconomic activities that do not have a significant impact on environmental sustainability and economic activities that significantly harm environmental sustainability, as well as a review of the appropriateness of specific disclosure requirements related to transitional and enabling activities; and\n\n(b)\n\nother sustainability objectives, such as social objectives.\n\n3. By 13 July 2022, the Commission shall assess the effectiveness of the advisory procedures for the development of the technical screening criteria established under this Regulation.",
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159
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+
"chapter": "III"
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160
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+
},
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161
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+
{
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162
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+
"number": "27",
|
|
163
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+
"title": "Entry into force and application",
|
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164
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+
"text": "1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.\n\n2. Articles 4, 5, 6 and 7 and Article 8(1), (2) and (3) shall apply:\n\n(a)\n\nin respect of the environmental objectives referred to in points (a) and (b) of Article 9 from 1 January 2022; and\n\n(b)\n\nin respect of the environmental objectives referred to in points (c) to (f) of Article 9 from 1 January 2023.\n\n3. Article 4 shall not apply to certificate-based tax incentive schemes that exist prior to the entry into force of this Regulation and that set out requirements for financial products that aim to finance sustainable projects.\n\nThis Regulation shall be binding in its entirety and directly applicable in all Member States.\n\nDone at Brussels, 18 June 2020.\n\nFor the European Parliament\n\nThe President\n\nD. M. SASSOLI\n\nFor the Council\n\nThe President\n\nN. BRNJAC\n\n(1)\n\nOJ C 62, 15.2.2019, p. 103.\n\n(2) Position of the European Parliament of 28 March 2019 (not yet published in the Official Journal) and Position of the Council at first reading of 15 April 2020 (OJ C 184, 3.6.2020, p. 1). Position of the European Parliament of 17 June 2020 (not yet published in the Official Journal).\n\n(3) Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 1).\n\n(4) Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (OJ L 354, 28.12.2013, p. 171).\n\n(5) Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 – the European Fund for Strategic Investments (OJ L 169, 1.7.2015, p. 1).\n\n(6) Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (OJ L 317, 9.12.2019, p. 1).\n\n(7)\n\nOJ C 76, 9.3.2020, p. 23.\n\n(8) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).\n\n(9) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).\n\n(10) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).\n\n(11) Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).\n\n(12) Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).\n\n(13) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).\n\n(14) Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).\n\n(15) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40).\n\n(16) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).\n\n(17) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).\n\n(18) Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU (OJ L 125, 18.5.2017, p. 43).\n\n(19) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).\n\n(20) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).\n\n(21) Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45).\n\n(22) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).\n\n(23) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34).\n\n(24) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1).\n\n(25) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).\n\n(26) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).\n\n(27) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).\n\n(28) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).\n\n(29) Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).\n\n(30) Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155, 12.6.2019, p. 1).\n\n(31) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).\n\n(32) Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 365, 19.12.2014, p. 89).\n\n(33) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).\n\n(34) Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council (OJ L 370, 30.12.2014, p. 44).\n\n(35) Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56).\n\n(36) Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3).\n\n(37) Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).\n\n(38) Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (OJ L 132, 21.5.2016, p. 58).\n\n(39) Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).\n\n(40) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23).\n\n(41) Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (OJ L 150, 20.5.2014, p. 59).\n\n(42) Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).\n\n(43) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).\n\n(44) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).\n\n(45) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).\n\n(46) Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).\n\n(47) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).\n\n(48) Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).\n\n(49) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC(OJ L 315, 14.11.2012, p. 1).\n\n(50) Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 156, 19.6.2018, p. 75).\n\n(51) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).\n\n(52) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).\n\n(53) Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).\n\n(54) Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).\n\n(55) Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).\n\n(56) Regulation (EC) No 66/2010 of the European Parliament and the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).\n\n(57) Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).\n\n(58) Regulation (EU) No 538/2014 of the European Parliament and of the Council of 16 April 2014 amending Regulation (EU) No 691/2011 on European environmental economic accounts (OJ L 158, 27.5.2014, p. 113).\n\n(59) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).\n\n(60) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).\n\n(61) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).\n\n(62) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).\n\n(63) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).\n\n(64)\n\nOJ L 123, 12.5.2016, p. 1.\n\n(65) Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).\n\n(66) Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (OJ L 352, 9.12.2014, p. 1).\n\n(67) Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan-European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1).\n\n(68) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).\n\n(69) Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).\n\n(70) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).\n\n////////////////////////$(document).ready(function(){generateTOC(true,'', 'Top','false');scrollToCurrentUrlAnchor();});",
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"chapter": "III"
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}
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],
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168
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"definitions": [
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{
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"term": "environmentally sustainable investment",
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"definition": "an investment in one or several economic activities that qualify as environmentally sustainable under this Regulation;",
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172
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"article": "2"
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173
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},
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174
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{
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175
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"term": "financial market participant",
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176
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"definition": "a financial market participant as defined in point (1) of Article 2 of Regulation (EU) 2019/2088 and includes a manufacturer of a pension product to which a Member State has decided to apply that Regulation in accordance with Article 16 of that Regulation;",
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"article": "2"
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178
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},
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179
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{
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180
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"term": "financial product",
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"definition": "a financial product as defined in point (12) of Article 2 of Regulation (EU) 2019/2088;",
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182
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"article": "2"
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183
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},
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184
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{
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185
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"term": "issuer",
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186
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"definition": "an issuer as defined in point (h) of Article 2 of Regulation (EU) 2017/1129 of the European Parliament and of the Council (69);",
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187
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"article": "2"
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188
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},
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189
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{
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190
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"term": "climate change mitigation",
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"definition": "the process of holding the increase in the global average temperature to well below 2 °C and pursuing efforts to limit it to 1,5 °C above pre-industrial levels, as laid down in the Paris Agreement;",
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192
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"article": "2"
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193
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},
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194
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{
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195
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"term": "climate change adaptation",
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"definition": "the process of adjustment to actual and expected climate change and its impacts;",
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197
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"article": "2"
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198
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},
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199
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{
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200
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"term": "greenhouse gas",
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"definition": "a greenhouse gas listed in Annex I to Regulation (EU) No 525/2013 of the European Parliament and of the Council (70);",
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"article": "2"
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203
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},
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{
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205
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"term": "waste hierarchy",
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"definition": "the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;",
|
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207
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"article": "2"
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208
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},
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209
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{
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210
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"term": "circular economy",
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"definition": "an economic system whereby the value of products, materials and other resources in the economy is maintained for as long as possible, enhancing their efficient use in production and consumption, thereby reducing the environmental impact of their use, minimising waste and the release of hazardous substances at all stages of their life cycle, including through the application of the waste hierarchy;",
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212
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"article": "2"
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213
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},
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214
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{
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215
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"term": "pollutant",
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216
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"definition": "a substance, vibration, heat, noise, light or other contaminant present in air, water or land which may be harmful to human health or the environment, which may result in damage to material property, or which may impair or interfere with amenities and other legitimate uses of the environment;",
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217
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"article": "2"
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218
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+
},
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219
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{
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220
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"term": "soil",
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221
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"definition": "the top layer of the Earth's crust situated between the bedrock and the surface, which is composed of mineral particles, organic matter, water, air and living organisms;",
|
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222
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+
"article": "2"
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223
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},
|
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224
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+
{
|
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225
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+
"term": "pollution",
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226
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+
"definition": "(a) the direct or indirect introduction of pollutants into air, water or land as a result of human activity; (b) in the context of the marine environment, pollution as defined in point 8 of Article 3 of Directive 2008/56/EC; (c) in the context of the water environment, pollution as defined in point 33 of Article 2 of Directive 2000/60/EC;",
|
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227
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"article": "2"
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228
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},
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229
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{
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230
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"term": "ecosystem",
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231
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"definition": "a dynamic complex of plant, animal, and micro-organism communities and their non-living environment interacting as a functional unit;",
|
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"article": "2"
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233
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},
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{
|
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235
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"term": "ecosystem services",
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"definition": "the direct and indirect contributions of ecosystems to the economic, social, cultural and other benefits that people derive from those ecosystems;",
|
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"article": "2"
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238
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},
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{
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240
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"term": "biodiversity",
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"definition": "the variability among living organisms arising from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and includes diversity within species, between species and of ecosystems;",
|
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242
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"article": "2"
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243
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+
},
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244
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{
|
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245
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"term": "good condition",
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246
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"definition": "in relation to an ecosystem, that the ecosystem is in good physical, chemical and biological condition or of a good physical, chemical and biological quality with self-reproduction or self-restoration capability, in which species composition, ecosystem structure and ecological functions are not impaired;",
|
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247
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"article": "2"
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248
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+
},
|
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249
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+
{
|
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250
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+
"term": "energy efficiency",
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251
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+
"definition": "the more efficient use of energy at all the stages of the energy chain from production to final consumption;",
|
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252
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+
"article": "2"
|
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253
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+
},
|
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254
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+
{
|
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255
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+
"term": "marine waters",
|
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256
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+
"definition": "marine waters as defined in point 1 of Article 3 of Directive 2008/56/EC;",
|
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257
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"article": "2"
|
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258
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+
},
|
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259
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+
{
|
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260
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+
"term": "surface water",
|
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261
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+
"definition": "surface water as defined in point 1 of Article 2 of Directive 2000/60/EC;",
|
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262
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+
"article": "2"
|
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263
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+
},
|
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264
|
+
{
|
|
265
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+
"term": "groundwater",
|
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266
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+
"definition": "groundwater as defined in point 2 of Article 2 of Directive 2000/60/EC;",
|
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267
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+
"article": "2"
|
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268
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+
},
|
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269
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+
{
|
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270
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+
"term": "good environmental status",
|
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271
|
+
"definition": "good environmental status as defined in point 5 of Article 3 of Directive 2008/56/EC;",
|
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272
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+
"article": "2"
|
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273
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+
},
|
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274
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+
{
|
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275
|
+
"term": "good status",
|
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276
|
+
"definition": "(a) for surface water, having both 'good ecological status' as defined in point 22 of Article 2 of Directive 2000/60/EC and 'good surface water chemical status' as defined in point 24 of Article 2 of that Directive; (b) for groundwater, having both 'good groundwater chemical status' as defined in point 25 of Article 2 of Directive 2000/60/EC and 'good quantitative status' as defined in point 28 of Article 2 of that Directive;",
|
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277
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+
"article": "2"
|
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278
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+
},
|
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279
|
+
{
|
|
280
|
+
"term": "good ecological potential",
|
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281
|
+
"definition": "good ecological potential as defined in point 23 of Article 2 of Directive 2000/60/EC. ENVIRONMENTALLY SUSTAINABLE ECONOMIC ACTIVITIES",
|
|
282
|
+
"article": "2"
|
|
283
|
+
}
|
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284
|
+
]
|
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285
|
+
}
|