title: Commission Recommendation (EU) 2020/648 of 13 May 2020 on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic

text:
               14.5.2020

               EN

               Official Journal of the European Union

               L 151/10

      COMMISSION RECOMMENDATION (EU) 2020/648
      of 13 May 2020
      on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
      Whereas:

                  (1)

                  On 30 January 2020, the World Health Organization declared the COVID-19 outbreak a ‘public health emergency of international concern’ and, on 11 March 2020, characterised it as a pandemic (1). The consequent serious impact on international and domestic travel, both for business and leisure, has been pervasive in Europe and the rest of the world since 1 March 2020.

                  (2)

                  The COVID-19 pandemic has resulted in national travel bans as well as warnings or restrictions at borders. This has led to a vast number of cancellations and many citizens being unable to travel. The current unprecedented worldwide travel restrictions (2) have caused almost a standstill of travel in Europe and many other parts of the world. This is having a serious impact on carriers, organisers of package tours (‘organisers’), and providers of other tourism services as part of package tours.

                  (3)

                  At the same time, many passengers and travellers have been affected by the economic impact of the crisis and have seen their income reduced as a result of the curtailment of economic activities which impacts the prospects of both employers and employees (3).

                  (4)

                  The travel and tourism sectors in the Union report a reduction of bookings in the range of 60 % to 90 % compared to the same period last year. Refund requests from travellers due to cancellations far exceed the level of new bookings. According to preliminary estimates of the European Travel Agents’ and Tour Operators’ Association (ECTAA), the COVID-19 pandemic may cause a loss of EUR 30 billion (minus 60 %) in the first quarter of 2020 and EUR 46 billion (minus 90 %) in the second quarter, compared to expected turnover based on previous years.

                  (5)

                  Carriers in all modes of transport are faced with a sharp decline in their business and nearly a complete standstill of their operations. This is resulting in a reduction of their cash-flow, due to the COVID-19 pandemic (4).

                  (6)

                  The conditions and criteria under which containment measures can be lifted depend largely on data that are developing over time, among other things, on epidemiological data. It follows that a clear timeline for a de-confinement which will allow a full resumption of transport services and tourism is not yet available (5).

                  (7)

                  Regulations (EC) No 261/2004 (6), (EC) No 1371/2007 (7), (EU) No 1177/2010 (8) and (EU) No 181/2011 (9) of the European Parliament and of the Council (‘the Union passenger rights Regulations’) provide for passenger rights in the event of cancellations. In the event of a cancellation by the carrier, passengers have the choice, to be offered to them by the carrier, between reimbursement (refund) and re-routing (10). As re-routing is hardly applicable under the present circumstances, the de facto choice is mainly between the various possibilities for reimbursement.

                  (8)

                  Reimbursement of the full cost of the ticket is due within 7 days following the passenger’s request in the cases of air, sea and inland waterways transport, 14 days after the offer has been made or the request has been received for bus and coach transport and 1 month after the request in the case of rail transport. Under the Union legislation, the reimbursement can be made in money or in the form of a voucher. However, reimbursement by means of a voucher is only possible if the passenger agrees (11).

                  (9)

                  Directive (EU) 2015/2302 of the European Parliament and of the Council (12) (‘the Package Travel Directive’) provides that, if a package trip is cancelled due to ‘unavoidable and extraordinary circumstances’, travellers have the right to get a full refund of any payments made for the package, without undue delay and in any event within 14 days after termination of the contract. In this context, the organiser may offer the traveller reimbursement in the form of a voucher. However, this possibility does not deprive the travellers of their right to reimbursement in money.

                  (10)

                  Similarly, where changes to a package travel contract (for example postponement) or a substitute package are proposed (13), and where those changes or the substitute package result in the traveller accepting a package of lower quality or cost (14) or terminating the contract (15), a voucher may also be offered by the organiser, provided that travellers are not deprived of their right to reimbursement in money.

                  (11)

                  On 18 March 2020, the Commission adopted Interpretative Guidelines on EU passenger rights Regulations in the context of the developing situation with COVID-19 (16). The Commission recalled that passengers have the choice between cash reimbursement and reimbursement in the form of a voucher.

                  (12)

                  On 19 March 2020, informal guidance on the application of the Package Travel Directive in connection with COVID-19 has been published on the Commission’s website (17), confirming the traveller’s right to get a full refund, but also stating that it is possible for the traveller to accept a voucher.

                  (13)

                  The numerous cancellations entailed by the COVID-19 pandemic have led to an unsustainable cash-flow and revenue situation for the transport and travel sectors. The liquidity problems of organisers are exacerbated by the fact that they have to reimburse the full price of the package to the traveller while they do not themselves always receive reimbursement of prepaid services that form part of the package in due time. This can de facto result in an unfair sharing of the burden among the operators in the travel eco-system.

                  (14)

                  If organisers or carriers become insolvent, there is a risk that many travellers and passengers would not receive any refund at all, as their claims against organisers and carriers are not protected. The same problem may arise in a business-to-business context, where organisers receive a voucher as reimbursement for prepaid services from carriers, which later become insolvent.

                  (15)

                  Making vouchers more attractive, as an alternative to reimbursement in money, would increase their acceptance by passengers and travellers. This would help to ease the liquidity problems of carriers and organisers and could ultimately lead to better protection of the interests of passengers and travellers.

                  (16)

                  To that end, vouchers should be protected against insolvency of the carrier or of the organiser. Such protection could be set up by the private or the public sector, and should be sufficiently effective and robust. It should cover at least those vouchers that present the characteristics described in this Recommendation.

                  (17)

                  Those characteristics should pertain notably to the minimum validity period, to the period of time after which, in the event of vouchers with a validity period longer than the minimum, travellers or passengers are entitled to reimbursement if they so wish, and to the conditions of reimbursement for vouchers that have not been redeemed. They should also pertain to the range of services for which the voucher can be used, to the time available for using the voucher and to its transferability. Additional characteristics may also be considered to increase the attractiveness of vouchers further.

                  (18)

                  The issuance of a voucher in parallel to the chargeback under credit card schemes could ultimately lead to a form of double refund. Therefore, where the traveller or passenger opts for a voucher, the carrier should transmit that information to the organiser, travel agent or other intermediary.

                  (19)

                  With the aim of making vouchers attractive to passengers or travellers, Member States might consider the adoption of schemes to support operators in the travel and transport sectors in line with Union State aid rules. For example, they could set up dedicated guarantee schemes for vouchers directly based on Article 107(3)(b) of the Treaty. In addition, Member States could support operators in the travel and transport sectors by granting de minimis aid in line with Commission Regulation (EU) No 1407/2013 (18).

                  (20)

                  Member States that provide support to operators in the travel and transport sectors to ensure that reimbursement claims resulting from the COVID-19 pandemic are satisfied, should ensure that such schemes apply to all passengers or travellers covered by the Package Travel Directive or the relevant Union passenger rights Regulations regardless of their service provider.

                  (21)

                  As regards possible additional liquidity needs of operators in the travel and transport sectors, on 19 March 2020 the Commission adopted a Temporary Framework for State aid measures to support the economy in the current COVID-19 crisis (19) based on Article 107(3)(b) of the Treaty to remedy a serious disturbance to the economy in the Member States. The Temporary Framework was amended on to cover additional aid measures, both on 3 April (20) and on 8 May 2020 (21).

                  (22)

                  The Temporary Framework applies in principle to all sectors and undertakings including transport and travel undertakings and recognises transport and travel as being among the most affected sectors. It aims to remedy the liquidity shortages faced by companies by allowing for instance direct grants, tax advantages, State guarantees for loans and subsidised public loans. To address urgent liquidity needs in particular of small and medium-sized enterprises in a speedy manner, Member States may give, up to the nominal value of EUR 800 000 per company, zero-interest loans, guarantees on loans covering 100 % of the risk, or provide equity. In addition, the Temporary Framework provides for possibilities of aid covering liquidity needs beyond the EUR 800 000 per company in the form of guarantees and interest rate subsidies, subject to, inter alia, minimum pricing conditions. In this context, Member States may decide upon support to operators in the travel and transport sectors to ensure that reimbursement claims caused by the COVID-19 outbreak are satisfied with a view to ensuring the protection of passenger and consumer rights, and equal treatment of passengers and travellers.

                  (23)

                  In this context, the Commission will take account of decisions granting aid to the aviation sector already taken by Member States, to ensure that additional aid to the same beneficiaries does not result in overcompensation in view of the need to protect the level playing field in the internal market.

                  (24)

                  Finally, Member States may decide, following the bankruptcy of a carrier or organiser, to cover reimbursement claims of passengers or travellers. Such coverage of reimbursement claims would only benefit passengers or travellers and not undertakings. Therefore, it would not constitute State aid and can thus be implemented by Member States without prior approval of the Commission.

                  (25)

                  The Commission stands ready to provide assistance and advice to Member States with regard to State aid policy issues in designing such measures.

                  (26)

                  Member States and operators should be encouraged to consider the use of the Union schemes available to support undertakings’ activity and liquidity needs.

                  (27)

                  In order to maximise the effects of this Recommendation, all interested parties should be informed about and encouraged to implement it,

            HAS ADOPTED THIS RECOMMENDATION:

         SUBJECT MATTER

                  1.

                  This Recommendation concerns vouchers that carriers or organisers may propose to passengers or travellers, as an alternative to reimbursement in money, and subject to the passenger’s or traveller’s voluntary acceptance, in the following circumstances:

                              (a)

                              in the event of a cancellation by the carrier or organiser made as from 1 March 2020 for reasons linked to the COVID-19 pandemic, in the context of the following provisions:

                                          (1)

                                          Article 8(1)(a) read in combination with Article 7(3) of Regulation (EC) No 261/2004;

                                          (2)

                                          Article 16(a) read in combination with Article 17(2) and (3) of Regulation (EC) No 1371/2007;

                                          (3)

                                          Article 19(1)(b) of Regulation (EU) No 1177/2010;

                                          (4)

                                          Article 18(1)(b) of Regulation (EU) No 181/2011;

                                          (5)

                                          Articles 12(3) and (4) of Directive (EU) 2015/2302;

                              (b)

                              in the event of changes to the contract or terminations, taking place from 1 March 2020 for reasons linked to the COVID-19 pandemic, in the context of Article 11(4) and (5) of Directive (EU) 2015/2302.

         PROTECTION AGAINST INSOLVENCY

                  2.

                  In order to contribute to making vouchers an attractive and reliable alternative to reimbursement in money, at least vouchers presenting the characteristics described in points 3 to 12 should be covered by protection against insolvency of the carrier or of the organiser that is sufficiently effective and robust.

         RECOMMENDED CHARACTERISTICS OF VOUCHERS

                  3.

                  Vouchers should have a minimum validity period of 12 months.
                  Subject to point 5, carriers and organisers should automatically reimburse the amount of the voucher concerned to the passenger or traveller at the latest 14 days after the end of its validity period, if the voucher has not been redeemed. This also applies to the reimbursement of the remaining amount of the voucher concerned in the case of previous partial redemption.

                  4.

                  If vouchers have a validity period longer than 12 months, passengers and travellers should have the right to ask for reimbursement in money no later than 12 months after the issuance of the voucher concerned. They should have the same right at any moment thereafter subject to applicable legal provisions on time limitation.
                  Carriers and organisers could consider making vouchers refundable at a point in time earlier than 12 months after the issuance of the voucher concerned if the passenger or traveller so requests.

                  5.

                  Passengers and travellers should be able to use vouchers for payments in respect of all new bookings made before their expiry date even if the payment or the service takes place after that date.

                  6.

                  Passengers and travellers should be able to use the vouchers towards payment for any transport services or package travel offered by the carrier or organiser (22).

                  7.

                  Subject to availability and irrespective of any fare or price difference,

                              —

                              carriers should ensure that vouchers allow passengers to travel on the same route under the same service conditions as detailed in the original booking;

                              —

                              organisers should ensure that vouchers allow travellers to book a package travel contract with the same type of services or of equivalent quality as the terminated package.–

                  8.

                  Carriers and organisers should consider extending the possibility to use the vouchers for bookings with other entities that form part of the same group of companies.

                  9.

                  Where the cancelled transport service or package travel was booked through a travel agency or other intermediary, carriers and organisers should allow vouchers to be used for new bookings also through the same travel agency or other intermediary.

                  10.

                  Vouchers for transport services should be transferable to another passenger without any additional cost. Vouchers for package travel should also be transferable to another traveller without any additional cost, if the providers of the services included in the package agree to the transfer without any additional cost.

                  11.

                  In order to make vouchers more attractive, organisers and carriers could consider issuing vouchers with a higher value than the amount of any payments made for the package travel or transport service originally booked, for example through an additional lump sum or additional service elements.

                  12.

                  Vouchers should indicate their validity period and specify all the rights attached to them. They should be issued on a durable medium (23), such as email or paper.

         COOPERATION BETWEEN STAKEHOLDERS

                  13.

                  If the passenger has booked the transport service through a travel agency or other intermediary, or if the transport service was part of a package travel, the carrier should inform the travel agency, the intermediary or the organiser where the passenger or traveller opts for a voucher.

                  14.

                  The different economic operators in the transport and travel value chain should cooperate in good faith and strive towards a fair sharing of the burden caused by the COVID-19 pandemic.

         SUPPORTING MEASURES

         State aid

                  15.

                  Member States may decide whether to introduce specific schemes to provide support to operators in the transport and travel sectors to ensure that reimbursement claims caused by the COVID-19 pandemic are satisfied, and may decide on the timing and the type of measures that they wish to put in place. When designing such schemes, Member States should ensure that they benefit all passengers or travellers regardless of their service provider.

                  16.

                  With a view to limiting the negative impacts on passengers or travellers during the COVID-19 pandemic, Member States should actively consider setting up guarantee schemes for vouchers to ensure that in the event of insolvency of the issuer of the voucher, passengers or travellers are reimbursed.
                  To the extent that such guarantee schemes reduce the financial risk for passengers or travellers in accepting vouchers and increase the likelihood that they opt for such vouchers instead of reimbursement in money, and thereby improving the operators’ liquidity position, the measures provide an advantage to the operators concerned in the form of liquidity relief and constitute State aid.
                  Such measures would not be covered by the scope of the Temporary Framework, but can be notified by Member States directly under Article 107(3)(b) of the Treaty and be the subject of an individual assessment. In that assessment the Commission would accept that the State guarantee covers 100 % of the value of vouchers to ensure full protection of all passengers and travellers, whilst taking into account other relevant provisions of section 3.2 of the Temporary Framework (24) to ensure proportionality of the aid.

                  17.

                  Where operators in the travel and transport sectors are in need of general liquidity support, Member States may also decide to put in place schemes to provide them with liquidity support. Where such support is not granted under market conditions, it may involve State aid and should be notified to the Commission.
                  The Temporary Framework provides a basis for compatibility for such liquidity support, enabling operators in the travel and transport sectors inter alia to receive such support in the form of public guarantees or subsidised loans to cover their actual liquidity needs for periods, subject to due justification, of 18 months for SMEs and 12 months for large enterprises (25).

                  18.

                  Member States may decide, following the bankruptcy of a carrier or organiser, to cover reimbursement claims of passengers or travellers,
                  To the extent that the reimbursement takes place after the liquidation process and, thus, does not provide liquidity relief to the travel or transport operator – who would no longer carry out an economic activity – but rather benefits passengers or travellers only, such reimbursement does not involve State aid. Schemes of this nature can thus be implemented by Member States without prior Commission approval.

         Support for SMEs under the European Investment Fund

                  19.

                  The Commission recommends that Member States encourage financial intermediaries to consider using COVID-19 support under the COSME Loan Guarantee Facility, launched by the European Investment Fund and the European Commission, and other similar schemes launched by the European Investment Bank Group. Under those schemes, dedicated lines of liquidity and working capital to SMEs/mid-caps can be used to address companies’ liquidity needs due to the COVID-19 pandemic including to reimburse cancelled tickets.

         The Coronavirus Response Investment Initiative

                  20.

                  The Commission recommends that Member States consider using support for working capital for travel and transport industry SMEs in the context of the additional flexibility provided under Union cohesion policy by the Coronavirus Response Investment Initiative. In this context, working capital to SMEs can be used to address companies’ liquidity needs due to the COVID-19 pandemic including costs linked to cancellations.

         PROMOTING THE IMPLEMENTATION OF THIS RECOMMENDATION

                  21.

                  Consumer and passenger organisations at Union and national level should encourage travellers and passengers to accept, instead of reimbursement in money, vouchers that present the characteristics, and benefit from the insolvency protection, described in this Recommendation.

                  22.

                  Business, consumer and passenger organisations at Union and national level, and Member States authorities, including their national enforcement bodies, should contribute to informing all parties concerned about this Recommendation and cooperate towards its implementation.

         Done at Brussels, 13 May 2020.

               For the Commission

            Adina VĂLEAN

               Member of the Commission

         (1)  https://www.who.int/emergencies/diseases/novel-coronavirus-2019/events-as-they-happen

         (2)  According to the UNWTO, 96 % of global destinations impose travel restrictions (see UNWTO, COVID-19 related travel restrictions – a global review for tourism, a first report as of 16 April 2020).

         (3)  The Economic Sentiment Indicator (ESI) recorded in April 2020 the strongest monthly decline in the ESI on record (since 1985), dropping to 67,0 and 65,8 for the Euro area and the Union, respectively. The Employment Expectations Indicator (EEI) declined in April 2020 to its lowest level on record (63,7 in the Euro area and 63,3 in the Union). See https://ec.europa.eu/info/business-economy-euro/indicators-statistics/economic-databases/business-and-consumer-surveys/latest-business-and-consumer-surveys_en

         (4)  For example, approximately – 90 % of air traffic compared to a year ago (Source: Eurocontrol), – 85 % long-distance rail passenger service, – 80 % on regional rail passenger services (including sub-urban), near standstill on international rail passenger services (Source: CER); more than – 90 % for cruise and passenger ships in mid-April compared to a year ago (Source: EMSA).

         (5)  See Joint European Roadmap towards lifting COVID-19 containment measures of 15 April 2020, https://ec.europa.eu/info/live-work-travel-eu/health/coronavirus-response/european-roadmap-lifting-coronavirus-containment-measures_en

         (6)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1).

         (7)  Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).

         (8)  Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).

         (9)  Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55 28.2.2011, p. 1).

         (10)  Article 7(3) of Regulation (EC) No 261/2004; Article 16 (1)(a) of Regulation (EC) No 1371/2007; Article 18 (1)(b) of Regulation (EU) No 1177/2010; Article 19 (1)(b) of Regulation (EU) No 181/2011.

         (11)  Article 7(3) of Regulation (EC) No 261/2004; Article 16 (1)(a) of Regulation (EC) No 1371/2007; Article 18 (1)(b) of Regulation (EU) No 1177/2010; Article 19 (1)(b) of Regulation (EU) No 181/2011.

         (12)  Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1).

         (13)  See Article 11 of the Package Travel Directive.

         (14)  See Article 11(4) of the Package Travel Directive.

         (15)  See Article 11(5) of the Package Travel Directive.

         (16)  OJ C 89I, 18.3.2020, p. 1.

         (17)  https://ec.europa.eu/info/sites/info/files/coronavirus_info_ptd_19.3.2020.pdf, published on the Commission’s COVID-19 response website https://ec.europa.eu/info/live-work-travel-eu/health/coronavirus-response/travel-and-transportation_en

         (18)  Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352, 24.12.2013, p. 1).

         (19)  Communication from the Commission - Temporary framework for State aid measures to support the economy in the current COVID-19 outbreak (OJ C 91I, 20.3.2020, p. 1).

         (20)  Communication from the Commission – Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (OJ C 112I, 4.4.2020, p. 1).

         (21)  Communication from the Commission – Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (OJ C 164, 13.5.2020, p. 3).

         (22)  It is recalled that the rights rendered mandatory by Article 16(a) in combination with Article 17(2) of Regulation (EC) No 1371/2007 and Article 18(3) of Regulation (EU) No 1177/2010 apply in any event.

         (23)  ‘Durable medium’ is defined in Article 3(11) of the Package Travel Directive as ‘any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored’.

         (24)  Section 3.2 of the Temporary Framework allows for the granting of public guarantees on loans for a limited period.

         (25)  Points 25.d and 27.d of the Temporary Framework.


title: Council Recommendation of 5 April 2022 on the mobility of young volunteers across the European Union (Text with EEA relevance) 2022/C 157/01

text:
               11.4.2022

               EN

               Official Journal of the European Union

               C 157/1

      COUNCIL RECOMMENDATION
      of 5 April 2022
      on the mobility of young volunteers across the European Union
      (Text with EEA relevance)
      (2022/C 157/01)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166 thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  1.

                  On 15 September 2021, the President of the European Commission announced in the State of the European Union (1) address that the European Commission would propose to make 2022 the European Year of Youth, ‘empowering those who have dedicated so much to others’. The European Year of Youth aims, among other things, at ‘support[ing] young people to acquire a better understanding of, and actively promot[ing] the various opportunities available to them from, public policies at Union, national, regional and local level in order to support their personal, social, economic and professional development in a green, digital and inclusive world, while aiming to remove the remaining barriers thereto’ (2).

                  2.

                  As highlighted in the European Parliament Resolution on the impact of COVID-19 on youth and on sport (2020/2864(RSP)) (3) young people have been at the heart of solidarity-motivated activities to respond to the needs of their communities in the light of the COVID-19 pandemic, from leading awareness campaigns to working on the front line as part of the European Solidarity Corps, to other volunteering initiatives.

                  3.

                  Through their volunteering actions in the European Solidarity Corps and other schemes, young people are giving concrete effect to the Preamble of the Treaty on European Union (TEU), which highlights signatories’desire to deepen solidarity between the peoples of Europe, to Article 2 TEU, which mentions solidarity as one of the values common to the Member States, and to Article 3 TEU, which mentions that the Union’s aim is to promote peace, its values and the well-being of its peoples. Their humanitarian aid volunteering actions contribute to promoting peace in Europe and in the world and respect for human dignity and human rights.

                  4.

                  The experiences with the European Voluntary Service (1996-2018) and the European Solidarity Corps, while successful, have shown the need to further facilitate transnational volunteering, in particular for young people with fewer opportunities. In this context, the Council has called for a review of the Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union (‘the 2008 Council Recommendation’) in order to strengthen the potential of the European Youth Programmes in reaching out to young people and helping to build a community (4). This is expressed in particular in Annex 4 on the Work Plan for the EU Youth Strategy 2019-2027. Furthermore, the Commission’s Report on the implementation of the EU Youth Strategy of 14 October 2021 (5) referred to the review of the 2008 Council Recommendation.

                  5.

                  Most of the issues raised in the 2008 Council Recommendation are still crucial and have been retained in this proposal. The update of the 2008 Council Recommendation has become necessary because of several developments since 2008. An important one is the launch of the European Solidarity Corps in 2016 and the creation of new national volunteering schemes and activities, also with transnational elements (6) that sometimes offer very similar opportunities for young people. The European Union Youth Strategy 2019-2027 (7) invited Member States and the Commission, within their respective fields of competence, to ’seek complementarity and synergies between EU funding instruments and national, regional and local schemes’.

                  6.

                  An evaluation of the EU Youth Strategy and the 2008 Council Recommendation (8) identified the need for inclusion of people from disadvantaged backgrounds as a more pressing issue in 2015 than it had been in 2008. Other needs identified but not addressed by the 2008 Recommendation included quality assurance for volunteering projects, capacity-building opportunities for organisations and better monitoring of the implementation of the Recommendation. An expert group made further policy recommendations (9), covering also knowledge-sharing and networking, access to volunteering, administrative obstacles, awareness, recognition, digital volunteering and the environmental context, which have informed the proposed Recommendation.

                  7.

                  Since 2008, the impact of crises, for instance those that disrupt the transnational physical mobility of volunteers, has been severe. The COVID-19 pandemic has highlighted the importance of ensuring the security, safety and physical and mental health of all participants at all times, including making provisions for managing the potential impact of unforeseen circumstances. Moreover, for a long time, the concept of ‘transnational volunteering’ referred in practice exclusively to activities involving the physical mobility of volunteers. However, with technological progress and under the influence of the COVID-19 pandemic, new volunteering trends have emerged. Digital volunteering has revealed its potential to complement physical mobility or be an optional form of volunteering for young people who are not in a position to travel physically. The inter-generational dimension of volunteering has also clearly shown its importance in tackling the demographic challenges of our society. Concerns for the environment and climate change are at the top of the EU political agenda and need to be reflected in activities that involve transnational mobility.

                  8.

                  The European Commission Communication on establishing the European Education Area by 2025 (10) emphasised the importance of inclusiveness, quality and recognition of cross-border experiences under the European Solidarity Corps. Guarantees of the quality of the available opportunities and provisions for appropriate support for participants at every stage of their volunteering experience constitute a prerequisite for the volunteering activities to benefit communities as well as young volunteers.

                  9.

                  In the Council Resolution on a strategic framework for European cooperation in education and training towards the European Education Area and beyond (2021-2030), the Council confirmed in priority area 1 of the strategic framework that ‘Fostering, valuing and recognising non-formal learning including volunteering, and enhancing the inclusiveness, quality and recognition of cross-border solidarity activities’ is a concrete issue for action.

                  10.

                  One of the first difficulties that young people interested in transnational volunteering experience encounter is access to user-friendly information about their status and rights as volunteers, on a dedicated national website, so that they can start their transnational volunteering activity fully aware of what impact it will have on their social security rights and entitlements in the host Member State as well as in the Member State of their usual residence (11). Pursuant to Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services, the Commission and Member States are already obliged to provide user-friendly online information to EU citizens on rights, obligations and rules laid down in Union and national law in the field of volunteering in another Member State (12).

                  11.

                  Many issues related to transnational mobility cannot be tackled at national level alone, as the activities involve both sending and hosting Member States. Administrative and legal frameworks on volunteering can vary between Member States. Youth-friendly and comprehensive information relating to the national legal and administrative rules governing volunteering, in particular information on social security coverage in both sending and hosting Member States, is very important for young people wishing to engage in a transnational volunteering activity.

                  12.

                  The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Action Plan on integration and inclusion 2021-2027 (13) recognises the role of volunteering in integration and inclusion of those with fewer opportunities. For many of them, volunteering activities may represent the most accessible option for engaging in cross-border mobility, especially in formats of short-term volunteering or volunteering in groups or teams.

                  13.

                  Third-country nationals may face administrative and practical obstacles to cross-border volunteering if they need to apply for a short or long-term visa or residence permit for the purpose of volunteering service in another Member State. Directive (EU) 2016/801 regulates the conditions for obtaining a long-term visa or a residence permit in order to be admitted to an EU Member State for the purposes of voluntary service. However, it does not contain provisions on intra-EU mobility of third-country volunteers.

                  14.

                  A volunteering experience provides volunteers with learning outcomes that increase their employability. National or EU frameworks (that is to say, Youthpass (14) and Europass (15)) supporting the identification, documentation and validation of learning outcomes of volunteering activities exist. The Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning (16) invited employers, youth and civil society organisations to promote and facilitate the identification and documentation of learning outcomes acquired at work or in voluntary activities. The evaluation (17) of the 2012 Council Recommendation identified areas where further action is needed to achieve the goals of the 2012 Council Recommendation, to provide people with access to more and better validation opportunities, enabling them to access further learning and to put their skills to good use in European society and the labour market. The Europass Decision of 18 April 2018 defines volunteers among its target groups.

                  15.

                  New developments since 2008, evidence about barriers to transnational volunteering and the policy recommendations of an expert group regarding the promotion of the mobility of young volunteers call for a new Council Recommendation on volunteering, with a view to facilitating and improving the quality of transnational youth volunteering and encouraging mutual learning, networking and synergies between volunteering schemes and activities in Member States and the European Solidarity Corps.

                  16.

                  This Recommendation fully respects the principles of subsidiarity and proportionality.

            RECOGNISES THAT:

                  17.

                  For the purposes of this Recommendation, the same definition of ‘volunteering’ is used as in Regulation (EU) 2021/888 of the European Parliament and of the Council of 20 May 2021 establishing the European Solidarity Corps Programme, namely a solidarity activity that takes place, for a period of up to 12 months, as a voluntary unpaid (18) activity that contributes to the achievements of the common good. Where transnational schemes existing in the Member States envisage solidarity activities of a duration exceeding 12 months that otherwise correspond to the definition of volunteering, these are to be considered as volunteering for the purposes of this Recommendation and thus included in its scope.

                  18.

                  Youth volunteering under this Recommendation comprises volunteering across the EU by EU nationals or third-country nationals who are residing in one Member State and moving to a second Member State for the purpose of voluntary service, under the European Solidarity Corps or any national cross-border volunteering scheme or activity in Member States. To the extent possible, the actions undertaken by Member States and the Commission in response to this Recommendation should also take account of volunteering activities between Member States and third countries. Voluntary activities should not have an adverse effect on potential or existing paid employment, nor should they be seen as a substitute for it. The terms ‘youth’ and ‘young’ cover the age bracket of 18 to 30 years.

                  19.

                  Young people with fewer opportunities means young people who, for economic, social, cultural, geographical or health reasons, due to their migrant background, or for reasons such as disability and educational difficulties or for any other reason, including a reason that could give rise to discrimination under Article 21 of the Charter of Fundamental Rights of the European Union, face obstacles that prevent them from having effective access to opportunities (19).

            HEREBY RECOMMENDS THAT THE MEMBER STATES:

                  20.

                  Consider measures contributing to or maintaining an adequate and clear legislative and implementation framework for the health, safety and security of participants in transnational volunteering activities by:

                              a)

                              ensuring that all volunteers can benefit from social security coverage in a Member State, in accordance with the provisions of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;

                              b)

                              supporting organisers involved in the implementation of volunteering activities in ensuring that clear and reliable procedures are in place to care for and assist volunteers in the event of crises, emergencies and other unforeseen circumstances.

                  21.

                  Provide accessible information and raise awareness about volunteers’ rights as stipulated in the dedicated framework set out above, in particular:

                              a)

                              ensuring that there is a national website, which complies with the requirements of the Web Accessibility Directive (20), to provide practical, accessible and comprehensive information for volunteers relating to the national legal and administrative rules governing volunteering and the impact of volunteering in another Member State on the existing and future social security rights and entitlements (21) of the volunteer (both for incoming and outgoing EU volunteers);

                              b)

                              supporting youth information providers through encouraging training in developing youth-friendly information relating to the national legal and administrative rules governing volunteering;

                              c)

                              encouraging collaborations with established networks and services such as ERYICA in developing such information;

                              d)

                              encouraging organisers of existing national cross-border volunteering schemes and activities to point to relevant national and European websites (22) that inform volunteers about their rights, obligations and applicable rules with regard to volunteering in another Member State.

                  22.

                  Enhance the quality of volunteering opportunities by supporting organisers of volunteering activities in their capacity-building endeavours. In particular, this can be achieved by:

                              a)

                              encouraging organisers in both sending and receiving Member States to cooperate, including by providing sufficient information about the volunteering activity, its organisers and the volunteer, so as to enable both parties to make an informed decision about the activity’s sustainability and to meet any legal requirements;

                              b)

                              encouraging organisers of volunteering activities to put emphasis on quality, among other things by basing the organisation of volunteering activities on an analysis that supports identifiable needs and leads to beneficial outcomes in local communities.

                              c)

                              encouraging organisers of volunteering activities to put adequate emphasis on the learning dimension of volunteering activities, including language learning in transnational volunteering;

                              d)

                              supporting organisers of volunteering activities in a more systematic and generalised use of existing national or EU frameworks (i.e. Youthpass and Europass) to support the identification, documentation and validation of learning outcomes of volunteering activities;

                              e)

                              recognising youth work as a key promoter of volunteering opportunities for young people and as one of the main tools for quality development of volunteering activities in the EU and contributing in this way to the implementation of the European Youth Work Agenda (23);

                              f)

                              promoting the cross-border mobility of those active in youth work and in youth organisations;

                              g)

                              supporting the training of youth workers and organisers of volunteering activities, recognising their key role in accompanying and guiding young volunteers through a high-quality volunteering experience;

                              h)

                              encouraging organisers of transnational volunteering activities to apply for the European Solidarity Corps quality label;

                              i)

                              developing and promoting general quality standards for volunteering while drawing inspiration from the comprehensive system of quality, support, inclusion and certification measures contained in Regulation (EU) 2021/888 (24), wherever feasible in the national context;

                              j)

                              adopting measures to ensure that volunteering activities do not lead to job substitution.

                  23.

                  Ensure that access to transnational volunteering activities is a realistic opportunity for all young people, including those with fewer opportunities, including by:

                              a)

                              supporting the creation and/or operation of national gateways and regional and local structures, such as youth work infrastructures and youth information centers where they exist, to provide information and guidance regarding existing volunteering opportunities, in formats that are accessible to persons with disabilities, to young potential volunteers, including young people with fewer opportunities, civil society/solidarity organisations, and other stakeholders in the field. These structures can include alumni networks (such as EuroPeers) and local youth workers, using their capacity to empower and support potential volunteering candidates, and, where relevant, could work in conjunction with the National Agencies implementing the European Solidarity Corps;

                              b)

                              facilitating access to transnational volunteering experiences for young people with fewer opportunities through promoting targeted and accessible information and outreach by relevant organisations and networks (25), such as Eurodesk and ERYICA, including through the raising of awareness regarding the importance of intercultural competences and language learning as a stepping-stone to transnational mobility;

                              c)

                              ensuring that organisers of volunteering activities are encouraged to promote social inclusion, including by providing reasonable and suitable accommodation that is accessible to young people, in particular those with disabilities;

                              d)

                              supporting organisers of volunteering activities to develop aspects of inclusion of young people with fewer opportunities for their projects (26), among other things by putting them in touch with experts from services in charge of the promotion of social inclusion who could support and train them;

                              e)

                              providing targeted support to the development of volunteering activities, specifically promoting inclusion, equality and empowerment of disadvantaged groups or groups at risk of discrimination, and incentivising young volunteers from these communities to engage in volunteering and act as multipliers or even as role models in their own community;

                              f)

                              supporting relevant organisations and networks in the promotion of local volunteering activities (including short-term, part-time and group formats) as a potential first step towards participation in transnational activities and providing additional targeted support for the development of volunteering opportunities that cater for young people who cannot participate in physical transnational mobility for various reasons, for example by offering, among other things, digital volunteering opportunities;

                              g)

                              further promoting existing transnational tools that can facilitate youth mobility, such as mobility cards and encouraging their use in all transnational volunteering activities (27);

                              h)

                              resolving, where possible and without prejudice to the Schengen acquis and Union law on entry and residence of third-country nationals, administrative and practical issues that create difficulties in obtaining visas and/or residence permits for third-country nationals for the purpose of voluntary service.

                  24.

                  Increase awareness of the benefits of volunteering activities, through information, guidance and outreach activities, including by involving national stakeholders in the education, training, employment, social services and youth sectors. Pay particular attention to equitably reaching out to young people with fewer opportunities. That includes promoting that:

                              a)

                              volunteering activities provide young people with a concrete way of contributing to tackling societal challenges and displaying solidarity with people in a vulnerable situation;

                              b)

                              a volunteering experience enhances the personal, educational, social, civic and professional development of young people and helps them develop competences needed and valued by the labour market;

                              c)

                              frameworks exist to support the identification, documentation and validation of learning outcomes of volunteering activities (including Youthpass and Europass).

                  25.

                  Support and promote community-building activities related to volunteering. That includes:

                              a)

                              encouraging at a national level the operation of networks of volunteers, especially of those who take part in activites that have a long-term vision, that is to say are not linked to or limited by the duration of individual projects;

                              b)

                              promoting existing European networks linked to volunteering, in particular the European Solidarity Network and Europeers, as well as other resources and platforms accessible via the European Solidarity Corps Portal on the European Youth Portal;

                              c)

                              encouraging former volunteers to share their experiences through youth networks, educational establishments and workshops in roles such as ambassadors or as members of a network, and to train current or future volunteers;

                              d)

                              encouraging the organisers of volunteering activities to support volunteers in their integration into the host community during their activity and in continuing their engagement in volunteering activities after their return home, with special focus on accompanying young people with fewer opportunities.

                  26.

                  Explore new trends and alternative dimensions and formats of volunteering, including through:

                              a)

                              promoting the testing of formats and the gathering of evidence on digital volunteering in a transnational context, as a complement to physical mobility or even as a stand-alone format of volunteering activities;

                              b)

                              acknowledging the value of and promoting inter-generational volunteering as a valuable contribution to the challenges faced by an ageing society as well as a way of engaging young people in an inter-generational dialogue, facilitating inter-generational knowledge-transfer and improving social cohesion.

                  27.

                  Create synergies, complementarities and continuities between volunteering schemes and activities existing at European level and at various levels in Member States. That includes, for example:

                              a)

                              exchanging information amongst Member States on existing volunteering schemes, including national civil service schemes and activities where they exist, and transmission of such information to the European Commission, with a view to facilitating its publication on the European Youth Portal, the Youth Wiki, and the development of best practices;

                              b)

                              considering measures that would promote and support the transfer of best practices between volunteering schemes or activities.

                  28.

                  Support volunteering activities that make a meaningful contribution to tackling climate and environment-related challenges, by:

                              a)

                              encouraging the integration of green practices into all volunteering projects and activities as well as promoting environmentally sustainable and responsible behaviour among participants and participating organisations;

                              b)

                              promoting the reduction of the environmental footprint of volunteering activities, for example by reducing waste, recycling and, whenever possible, using sustainable means of transportation;

                              c)

                              promoting the development of volunteering activities that address the topic of environmental protection, sustainability, climate goals and disaster prevention and recovery.

                  29.

                  Include information about progress in following this Recommendation in regular updates made under the EU Youth Strategy, in particular as part of the Youth Wiki.

            HEREBY INVITES THE COMMISSION TO:

                  30.

                  Facilitate exchange of practices between Member States on how to address obstacles that may prevent young people from participating in volunteering, for example through peer learning activities, Commission expert groups or the EU Youth Strategy Platform.

                  31.

                  Support the Member States in following this Recommendation through the cooperation mechanisms and tools of the EU Youth Strategy, the European Youth Work Agenda and the EU youth programmes, in particular the European Solidarity Corps.

                  32.

                  Facilitate mutual learning and exchanges among Member States and all relevant stakeholders at various levels through activities such as peer learning, peer counselling, expert groups, networking and other cooperation structures, including with a focus on synergies and complementarities between EU and national level schemes or activities, including national civil service schemes where they exist. For this purpose, make use of existing spaces such as the Youth Wiki and the European Youth Portal where resources and knowledge can be shared amongst Member States and non-governmental organisations (NGOs) at different levels.

                  33.

                  Explore new trends and formats of volunteering which respect the basic principles for equal opportunities and non-discrimination, accessibility, inclusiveness and high quality of activities, through the gathering of evidence, development of best practices and preparation of guidance and handbooks, in particular regarding digital or blended volunteering and inter-generational volunteering.

                  34.

                  Promote and disseminate information about European opportunities for youth volunteering, in particular for people with fewer opportunities, through the European Youth Portal, which contains the registration tool for solidarity activities under the European Solidarity Corps. In cooperation with Member States, include on the European Youth portal links to relevant national websites (28).

                  35.

                  Further develop, promote and provide support for the use of existing EU tools that support the validation of outcomes of non-formal and informal learning, in particular Youthpass and the Europass platform, including through European digital credentials for learning.

                  36.

                  Support research and data collection on the long-term impact of volunteering and solidarity activities for individuals and organisations, as well as on society, including lessons learnt and insights from the COVID-19 pandemic on the volunteering sector and its preparedness for similar crises, through studies, surveys, statistics, research and data analysis.

                  37.

                  Use the online platform Youth Wiki to gather information on Member States’ progress in following this Recommendation.

                  38.

                  Report on the use of this Council Recommendation in the context of the work on the implementation of the EU Youth Strategy and of the strategic framework for European cooperation in education and training towards the European Education Area and beyond.

            This Recommendation replaces the Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union.

         Done at Luxembourg, 5 April 2022.

               For the Council

               The President

            R. BACHELOT-NARQUIN

         (1)  https://ec.europa.eu/info/sites/default/files/soteu_2021_address_en_0.pdf

         (2)  Decision (EU) 2021/2316 of the European Parliament and of the Council of 22 December 2021 on a European Year of Youth (2022) (OJ L 462, 28.12.2021, p. 1).

         (3)  Texts adopted - The impact of Covid-19 on youth and on sport - Wednesday, 10 February 2021 (europa.eu)

         (4)  OJ C 456, 18.12.2018, p. 1.

         (5)  Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation ofthe EU Youth Strategy (2019-2021), COM/2021/636 final.

         (6)  Regulation (EU) 2021/888 of the European Parliament and of the Council of 20 May 2021 establishing the European Solidarity Corps Programme. Volunteering activities can take place in non-EU countries:
      - as provided in article 7.2 of Regulation (EU) 2021/888, ‘volunteering under the “participation of young people in solidarity activities” strand may take place in a country other than the participant’s country of residence (“cross-border volunteering”) or in the participant’s country of residence (“in-country volunteering”)’. A country other than the participant’s country of residence may be a third country associated to the Programme or another participating country;
      - as provided in article 10.2 of Regulation (EU) 2021/888, ‘volunteering under the European Voluntary Humanitarian Aid Corps may only take place in those regions of third countries in which humanitarian aid activities and operations take place and there are no ongoing international or non-international armed conflicts’.
      Moreover, as provided in article 2 (3), participation in the Programme is also open to third country nationals ‘who are legally residing in a Member State, in a third country associated to the Programme or in another participating country under this Regulation’.

         (7)  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:42018Y1218(01)&qid=1578414694481&from=EN

         (8)  Evaluation of the EU Youth Strategy and the Council Recommendation on the mobility of young volunteers, 2016.

         (9)  ‘Promoting the mobility of young volunteers and cross-border solidarity, a practical toolbox for actors and stakeholders in the field of youth and recommendations for policymakers’, developed by the expert group set up by the European Commission to support the process of reviewing the 2008 Council Recommendation on the mobility of young volunteers, 2021 (work undertaken from September 2019 to September 2020).

         (10)  Communication from the Commission to the European Parliament, the Council, the European and Social Committee and the Committee of the Regions on achieving the European Education Area by 2025, COM(2020)625 final, available at EUR-Lex - 52020DC0625 - EN - EUR-Lex (europa.eu)

         (11)  It should be recalled that Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems provides for the coordination of social security rights, including of sickness benefits, in cross-border situations and applies to volunteers moving between Member States.

         (12)  OJ L 295, 21.11.2018, p. 32, annex I, section E. Implemented through the ’Your Europe’ portal: Your Europe (europa.eu)

         (13)  COM (2020) 758 final.

         (14)  Youthpass is the main recognition and validation instrument available to all Erasmus+ and European Solidarity Corps participants to reflect the learning process and document their learning outcomes in the Youthpass certificate.

         (15)  Decision (EU) 2018/646 of the European Parliament and the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (Europass) and repealing Decision No 2241/2004/EC (OJ L 112, 2.5.2018, p. 42) establishes a European framework to support the transparency and understanding of skills and qualifications acquired in formal, non-formal and informal settings, including through practical experiences, mobility and volunteering.

         (16)  OJ C 398, 22.12.2012, p. 1.

         (17)  Evaluation of the EU Youth Strategy and the Council Recommendation on the mobility of young volunteers (europa.eu), 2016.

         (18)  Volunteers are not paid for their time but expenses usually limited to travel, food or accommodation and/or other small personal expenses may be covered.

         (19)  See the same definition in Regulation (EU) 2021/888, Art. 2 (4).

         (20)  Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).

         (21)  Including information about the procedures for applying for a European Health Insurance Card (EHIC) and detailed information on what is and is not covered by national health care systems.

         (22)  The multilingual ‘Your Europe’ portal under Regulation (EU) 2018/1724, (OJ L 295, 21.11.2018, p. 1); the Youth Wiki section of the European Youth Portal; information on the Europa portal, e.g. on EHIC: Applying for a card - Employment, Social Affairs & Inclusion - European Commission (europa.eu)

         (23)  Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council on the Framework for establishing a European Youth Work Agenda (2020/C 415/01).

         (24)  Regulation (EU) 2021/888 of the European Parliament and the Council of 20 May 2021 establishing the European Solidarity Corps Programme and repealing Regulations (EU) 2018/1475 and (EU) No 375/2014 (OJ L 202, 8.6.2021, p. 32).

         (25)  See Erasmus+ and European Solidarity Corps Inclusion and Diversity Strategy for guidance on how to do this: https://ec.europa.eu/programmes/erasmus-plus/resources/implementation-guidelines-erasmus-and-european-solidarity-corps-inclusion-and-diversity_en

         (26)  In line with EU equality strategies and inclusion policy frameworks targeting specific discriminated and disadvantaged groups adopted in 2020-2021: EU anti-racism action plan 2020-2025 (COM(2020) 565 final, 18 September 2020), EU Roma strategic framework for equality, inclusion and participation (COM(2020) 620 final, 7 October 2020), LGBTIQ equality strategy (COM(2020) 698 final, 12 November 2020), Action plan on integration and inclusion (COM(2020) 758 final, 24 November 2020), Strategy for the Rights of Persons with Disabilities (COM(2021) 101 final, 3 March 2021).

         (27)  This was already a good practice of the former European Voluntary Service; now the European Solidarity Corps provides for a European Youth Card to every volunteer free of charge.

         (28)  With information foreseen under point 2 a) of this Recommendation, as well as information on national volunteering schemes or activities.


title: Commission Recommendation of 18 June 2019 on the draft integrated National Energy and Climate Plan of Bulgaria covering the period 2021-2030

text:
               3.9.2019

               EN

               Official Journal of the European Union

               C 297/5

      COMMISSION RECOMMENDATION
      of 18 June 2019
      on the draft integrated National Energy and Climate Plan of Bulgaria covering the period 2021-2030
      (2019/C 297/02)
      THE EUROPEAN COMMISSION,
      Having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (1), and in particular Article 9(2) thereof,
      Whereas:

                  (1)

                  Pursuant to Regulation (EU) 2018/1999, each Member State is required to submit to the Commission a draft of its integrated national energy and climate plan covering the period from 2021 to 2030 in accordance with Article 3(1) and Annex I of that Regulation. The first drafts of integrated national energy and climate plans had to be submitted by 31 December 2018.

                  (2)

                  Bulgaria submitted its draft national energy and climate plan on 15 January 2019. The submission of this draft plan represents the basis and first step of the iterative process between the Commission and Member States for the purpose of the finalisation of the integrated national energy and climate plans and their subsequent implementation.

                  (3)

                  Pursuant to Regulation (EU) 2018/1999, the Commission is required to assess the draft integrated national energy and climate plans. The Commission made a comprehensive assessment of the Bulgarian draft national energy and climate plan, taking into consideration the relevant elements of Regulation (EU) 2018/1999. This assessment (2) is published alongside the present recommendation. The below recommendations are based on this assessment. In particular, the Commission's recommendations may address (i) the level of ambition of objectives, targets and contributions with a view to collectively achieving the Energy Union objectives and, in particular, the Union's 2030 targets for renewable energy and energy efficiency as well as the level of electricity interconnectivity that the Member State aims for in 2030; (ii) policies and measures relating to Member State- and Union-level objectives and other policies and measures of potential cross-border relevance; (iii) any additional policies and measures that might be required in the integrated national energy and climate plans; (iv) interactions between and consistency of existing and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union.

                  (4)

                  In developing its recommendations, the Commission considered, on the one hand, the need to add up certain quantified planned contributions of all Member States in order to assess the ambition at Union level, and, on the other hand, the need to provide adequate time for the Member State concerned to take due consideration of the Commission's recommendations before finalising its national plan.

                  (5)

                  The Commission's recommendations with regard to the Member States' renewable ambitions are based on a formula set out in Annex II of Regulation (EU) 2018/1999 which is based on objective criteria.

                  (6)

                  With regard to energy efficiency, the Commission's recommendations are based on the assessment of the national level of ambition put forward in the draft integrated national energy and climate plan, compared to the collective level of efforts needed to reach the Union's targets, taking into account the information provided on specific national circumstances, where relevant. The final national contributions in the area of energy efficiency should reflect the cost-effective potential for energy savings and be supported with a robust long-term building renovation strategy and measures to implement the energy savings obligation stemming from Article 7 Directive 2012/27/EU of the European Parliament and of the Council (3). Member States should also demonstrate that they have properly taken into account the energy efficiency first principle, by explaining notably how energy efficiency contributes to the cost-effective delivery of the national goals of a competitive low-carbon economy, security of energy supply and to address energy poverty.

                  (7)

                  The Governance Regulation requires Member States to provide a general overview of the investment needed to achieve the objectives, targets and contributions set out in the integrated national energy and climate plan, as well as a general assessment on the sources of that investment. The national energy and climate plans should ensure the transparency and predictability of national policies and measures in order to ensure investment certainty.

                  (8)

                  In parallel, as part of the 2018-2019 European Semester cycle, the Commission has put a strong focus on Member States' energy and climate related investment needs. This is reflected in the 2019 Country Report for Bulgaria (4) and in the Commission's recommendation for a Council Recommendation to Bulgaria (5), as part of the European Semester process. The Commission took into account the latest European Semester findings and recommendations in its assessment of the draft integrated national energy and climate plans. The Commission's recommendations are complementary to the latest country-specific recommendations issued in the context of the European Semester. Member States should also ensure that their integrated national energy and climate plans take into consideration the latest country-specific recommendations issued in the context of the European Semester.

                  (9)

                  In addition, the Governance Regulation requires each Member State to take due account of any recommendations from the Commission to its draft integrated national energy and climate plan to be submitted by 31 December 2019 and, if the Member State concerned does not address a recommendation or a substantial part thereof, that Member State should provide and make public its reasons.

                  (10)

                  Where applicable, Member States should report the same data in their integrated national energy and climate plans and updates in later years as they report to Eurostat or the European Environment Agency. The use of the same source and, where available, of European statistics, is also essential to calculate the baseline for modelling and projections. Using European statistics will allow for a better comparability of the data and the projections used in the integrated national energy and climate plans.

                  (11)

                  All elements of Annex I of the Regulation (EU) 2018/1999 are to be included in the final integrated national energy and climate plan. In this context, the macroeconomic and, to the extent feasible, the health, environmental, employment and education, skills and social impacts of the planned policies and measures should be assessed. The public and other stakeholders are to be engaged in the preparation of the final integrated national energy and climate plan. These and other elements are described in detail in the staff working document published alongside this Recommendation (6).

                  (12)

                  The integrated energy and climate plans provide the opportunity to coherently define long-term policies and measures, taking into account resulting interlinkages between dimensions in terms of potential synergies or risks. While the policies and measures described in the draft plan seem to consider some interlinkages, their assessment across the five dimensions should be further reinforced in the final plan. The analysis could include quantitative estimates and should also cover possible negative interactions between policies and measures and show how Bulgaria intends to address them. In particular, the synergies between the decarbonisation, energy security and the internal market dimensions and the energy efficiency first principle warrants further assessment. Similarly, the role of energy efficiency in addressing energy poverty should be further looked at. An important element to be further assessed in the final plan, including from the costs and competitiveness angles, is the interaction between the planned continuation of coal based power generation and enhanced use of gas with the decarbonisation dimension. Another element is the impact of biomass use on the accounted removals in the land use and forestry sector. The link between electricity production and the deployment of low-carbon technologies should be further addressed under the research innovation and competitiveness dimension.

                  (13)

                  The final integrated national energy and climate plan would benefit from a comprehensive analysis on where the low-carbon technologies sector, including for decarbonising energy- and carbon-intensive industrial sectors, is currently positioned in the global market. The plan would benefit from highlighting areas of competitive advantage and potential challenges, and defining objectives, policies and measures based on them, making appropriate links to enterprise and industrial policy. Interactions with the circular economy and its relevance for greenhouse gas emissions reduction, in particular, could be further emphasised.

                  (14)

                  The Commission's recommendations to Bulgaria are underpinned by the assessment of Bulgaria's draft integrated national energy and climate plan which is published alongside this Recommendation (7).

            HEREBY RECOMMENDS BULGARIA TAKES ACTION TO:

                  1.

                  Raise the level of ambition for 2030 to a renewable share of at least 27 % as Bulgaria's contribution to the Union's 2030 target for renewable energy, as indicated by the formula in Annex II of Regulation (EU) 2018/1999. Include an indicative trajectory in the final integrated national energy and climate plan that reaches all the reference points pursuant to Article 4(a)(2) of Regulation (EU) 2018/1999 in accordance with that share, in view of the need to increase the level of efforts for reaching this target collectively. Put forward detailed and quantified policies and measures that are in line with the obligations laid down in Directive (EU) 2018/2001 of the European Parliament and Council (8) and enabling a timely and cost-effective achievement of this contribution. Increase the level of ambition in the heating and cooling sector to meet the indicative target included in Article 23 of Directive (EU) 2018/2001 and put forward policies and measures to meet the transport target set out in Bulgaria's draft integrated national energy and climate plan and in line with Article 25 of Directive (EU) 2018/2001. Provide additional details and measures on the enabling framework for renewable self-consumption and renewable energy communities in line with Articles 21 and 22 of Directive (EU) 2018/2001, including simplification of administrative procedures.

                  2.

                  Increase its ambition towards reducing both primary and final energy consumption in view of the need to increase the level of efforts to reach the Union's 2030 energy efficiency target, and support it with adequate policies and measures that would deliver additional energy savings by 2030. Underpin proposed policies and measures by an impact assessment and more detailed information on the quantification of impacts, in terms of expected energy savings, and implementation timeline. Further elaborate on how the effectiveness of its energy savings obligation scheme is to be improved so that it could deliver the expected results.

                  3.

                  Specify a robust gas diversification strategy including relevant underlying infrastructure projects and their respective contributions. Detail the strategy for the long-term supply of nuclear materials and fuel, in particular in the perspective of the foreseen enlargement of its nuclear generation capacity.

                  4.

                  Define forward-looking objectives and targets concerning market integration, in particular on measures to develop competitive wholesale and retail markets, both by fostering competition within the country, including by progressing towards fully market based prices, and by eliminating barriers to cross-border trade.

                  5.

                  Further clarify national objectives and funding targets in research, innovation and competitiveness, specifically related to the Energy Union, to be achieved between now and 2030, so that they are readily measurable and fit for purpose to support the implementation of targets in the other dimensions of the integrated national energy and climate plan. Underpin such objectives with specific and adequate policies and measures, including those to be developed in cooperation with other Member States, such as the European Strategic Energy Technology Plan.

                  6.

                  Intensify regional cooperation with neighbouring Member States and within established regional cooperation frameworks such as the Central and South-Eastern Europe Energy Connectivity (CESEC) High Level Group, including in the renewables, energy efficiency and research, innovation and competitiveness dimension and taking into account common challenges and shared objectives. There is significant potential to further cooperate with a view to upcoming developments in the electricity sector, including the need to accommodate higher shares of renewables and clean transport which could impact electricity interconnections and trading in the region.

                  7.

                  Provide a general overview on the investment needed to modernise the economy by reaching its energy and climate objectives. Provide a general assessment of the sources of investment, including appropriate financing at national, regional and Union level. Consider also the cost-effective generation of transfers to other Member States under Regulation (EU) 2018/842 of the European Parliament and Council (9) as funding source.

                  8.

                  List all energy subsidies, including in particular fossil fuels subsidies, and actions undertaken as well as plans to phase them out.

                  9.

                  Complement the analysis of the interactions with air quality and air emissions policy, presenting and quantifying the impacts on air pollution for the various scenarios, providing underpinning information, and considering synergies and trade-off effects.

                  10.

                  Integrate just and fair transition aspects better, notably by providing more details on social, employment and skills impacts of planned objectives, policies and measures and particularly taking into account the impacts of the transition for coal and carbon-intensive industries. Further develop the approach to addressing energy poverty issues, including by specifying the assessment as required by the Regulation (EU) 2018/1999.

         Done at Brussels, 18 June 2019.

               For the Commission

            Miguel ARIAS CAÑETE

               Member of the Commission

         (1)  OJ L 328, 21.12.2018, p. 1.

         (2)  SWD(2019) 225.

         (3)  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).

         (4)  SWD(2019) 1001 final/2.

         (5)  COM(2019) 502 final of 5 June 2019.

         (6)  SWD(2019) 225.

         (7)  SWD(2019) 225.

         (8)  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).

         (9)  Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).