### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . _________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data .


### voice communications’ means a service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan ; ### ' voice communications’ means an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , and comprising other means of communication as an alternative to voice communication and intended specifically for end - users with disabilities , such as total conversation services and text based and video based relay services ;


### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning service for reporting missing children is actually available in their territories under the number ‘ 116000’ ### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning service for reporting missing children is actually available in their territories under the number ‘ 116000’ . member states should ensure that a review of their national system is carried out regarding transposition and implementation of the directive , taking into account the measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging the financial resources necessary to operate the hotline . the definition of missing children falling under the 116000 number should include the following categories children : runaways , international child abductions , missing children , parental abductions , missing migrant children , criminal abductions and lost , sexual abuses and where the life of a child is at risk .


### national measures regarding end - users ' access to , or use of , services and applications through electronic communications networks shall respect the fundamental rights and freedoms , as guaranteed by the charter of fundamental rights of the union and general principles of union law . ### national measures regarding end - users ' access to , or use of , services and applications through electronic communications networks shall respect fundamental rights and freedoms , as guaranteed by the charter of fundamental rights of the union and general principles of union law .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### in accordance with berec guidelines , national regulatory authorities shall define the minimum capability of the internet access service referred to in paragraph 1 with a view to reflect the services used by the majority of consumers at a fixed location in their territory or relevant parts of their territory , which are indispensable to ensure social and economic participation in society . to that end , the internet access service shall be capable of delivering the band with necessary for supporting at least the minimum set of services set out in annex v . by . . . [ 18 months after the date of entry into force of this directive ] , berec shall , in order to contribute towards a consistent application of this article , after consulting stakeholders and in close cooperation with the commission , taking into account available commission data , adopt guidelines which allow national regulatory authorities to define the minimum quality of service requirements , including minimum bandwidth , to support at least the minimum set of services set out in annex v and reflecting the average bandwidth availability to the majority of the population in each member state . those guidelines shall be updated every two years to reflect technological advances and changes in consumer usage patterns .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1 ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services , although they still do not consider them as substitutes to traditional voice services , due to a perception of different levels of quality , security and interoperability . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach to the extent possible . the existing differences between services should however be acknowledged , online services such as voice over ip being provided in most cases without having substantial control over the network used for enabling the communication but on the other hand allowing end - user to switch from service to service in an easier manner than from traditional communication services . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication in a proportionate manner to deliver the best outcomes for end users . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service , therefore these services should not be defined on the basis of the technology used , but on the legitimate expectations end - users have for the service provided depending for instance on the price paid or the ease of terminating the contract . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . this last category should not include services where connectivity is provided as an input product into connected devices or ' smart goods ' or where the provision of connectivity with such products is subject to a contract with the end - user , as they would be considered as embedded digital content or services according to the directive concerning contracts for the supply of digital content . as said types of services may partly overlap , it is likely that services which only meet the criteria of the conveyance of signals category would be limited to transmission services used for the provision of machine - to - machine services and broadcasting . similarly to the case of broadcasting , where the transmitted content does not fall within the definition of an electronic communications service , a distinction between a machine - to - machine service and its underlying transmission should be made . only the transmission should be considered as conveyance of signals , whereas the application part of a machine - to - machine service should not . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1


### to that end , providers of public communications networks or publicly available electronic communications services shall make available and actively offer , clearly and transparently , products or specific offers allowing its end - users to provide access to third parties through a radio local area network . ### to that end , providers of public communications networks or publicly available electronic communications services may make available and actively offer , clearly and transparently , products or specific offers allowing its end - users , upon request to provide access to third parties through a radio local area network . liability for actions carried out by a third - party though such access to an end - user’s rlan equipment shall be borne by the provider and those third - parties that seek access .


### any of these measures regarding end - users’ access to , or use of , services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are provided for by law and respect the essence of those rights or freedoms , are appropriate , proportionate and necessary , and genuinely meet objectives of general interest recognised by the union or the need to protect the rights and freedoms of others in line with article 52 of the charter of fundamental rights of the european union and with general principles of union law , including effective judicial protection and due process . accordingly , these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy . a prior , fair and impartial procedure shall be guaranteed , including the right to be heard of the person or persons concerned , subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the charter of fundamental rights of the european union . the right to effective and timely judicial review shall be guaranteed . ### any measures regarding end - users ' access to , or use of , services and applications through electronic communications networks liable to limit the exercise of rights or freedoms recognised by the charter may only be imposed if they are provided for by law and respect those rights or freedoms , are appropriate , proportionate , and necessary , and genuinely meet objectives of general interest recognised by the union or the need to protect the rights and freedoms of others in line with article 52 of the charter and with general principles of union law , including the right to an effective judicial protection and due process . accordingly , these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy . a prior , fair and impartial procedure shall be guaranteed , including the right to be heard of the person or persons concerned , subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the charter . the right to effective and timely judicial review shall be guaranteed .


### national regulatory authorities shall ensure that the information referred to in annex viii is published in a clear , comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , or by the national regulatory authority itself . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . ### national regulatory authorities shall ensure that , where the provision of relevant services is subject to terms and conditions , the information referred to in annex viii is published in a clear , comprehensive , machine - readable and easily accessible form , including in particular for end - users with disabilities , by the providers of internet access services , providers of publicly available interpersonal communications services and transmission services used for broadcasting . such information shall be updated regularly . national regulatory authorities may maintain or introduce in their national law additional requirements in relation to the transparency requirements set out in this paragraph .


### by [ entry into force + 12 months ] , berec shall issue a decision on a contract summary template , which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2 . those main elements shall include at least complete information on : the name and address of the provider , the main characteristics of each service provided , the respective prices , the duration of the contract and the conditions for its renewal and termination , the extent to which the products and services are designed for disabled end - users . with respect to internet access services , the information required pursuant to article 4 of regulation 2015 / 2120 . providers subject to the obligations under paragraphs 1 - 4 shall duly complete this contract summary template with the required information and provide it to consumers , and micro and small enterprises , prior to the conclusion of the contract . the contract summary shall become an integral part of the contract . ### by [ entry into force + 12 months ] , the commission , after consulting berec , shall adopt a contract summary template , which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2 . those main elements shall include at least summary information on : the name , address and contact information of the provider and , if different , the contact information for any complaint , the main characteristics of each service provided , the respective prices , the duration of the contract and the conditions for its renewal and termination , the extent to which the products and services are designed for disabled end - users . with respect to internet access services , the information required pursuant to article 4 of regulation 2015 / 2120 . that template shall not be longer than one single - sided a4 page . it shall be easily readable . where a number of different services are bundled into a single contract , additional pages may be necessary , but the document shall be limited to a total of three pages . the commission may adopt an implementing act specifying the template referred to in this paragraph . that implementing act shall be adopted in accordance with the examination procedure referred to in article 110 . providers subject to the obligations under paragraphs 1 - 4 shall duly complete this contract summary template with the applicable information and provide it to consumers , micro and small enterprises and not - for - profit organisations , where appropriate , prior to the conclusion of the contract or , where this is not possible , without undue delay thereafter .


### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds . only the net cost , as determined in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 may be financed . ### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds .


### in taking the measures referred to in paragraph 1 , member states shall encourage compliance with the relevant standards or specifications published in accordance with article 39 . ### in taking measures referred to in paragraph 1 , member states shall encourage compliance with the relevant standards or specifications published in accordance with article 39 . insofar as the provisions of this article conflict with the provisions of directive xxx / yyyy / eu of the european parliament and of the council1a , the provisions of directive xxx / yyyy / eu shall prevail . __________________ 1a directive xxx / yyyy / eu of the european parliament and of the council of . . . on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### member states shall not maintain or introduce in their national law end - user protection provisions on the subject - matters covered by this title and diverging from the provisions laid down in this title , including more or less stringent provisions to ensure a different level of protection , unless otherwise provided for in this title . ### member states shall not maintain or introduce in their national law end - user protection provisions or general authorisation conditions on the subject - matters covered by this title and diverging from the provisions laid down in this title , including more or less stringent provisions to ensure a different level of protection , unless otherwise provided for in this title .


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of a universal service is to ensure that all consumers have access at an affordable price to available internet access and voice communications services , at least at a fixed location . however , there should be no limitations on the technical means by which the connection at a fixed location is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . particular attention should be paid in this context to ensure that end - users with disabilities have equivalent access . member states should also have the possibility to ensure affordability to citizens on the move , where they deem this to be necessary to ensure full social and economic participation in society .


### providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality or place of residence unless such differences are objectively justified . ### providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality or place of residence unless such differences are objectively justified and in compliance with the scope and interpretation of fundamental rights as provided for in article 52 of the charter .


### a delegated act adopted pursuant to article 2 , shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 2 , shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or the council . when a delegated act is delivered just before or during a public holiday , the time shall be deemed to run from the date of the first plenary session of the european parliament following the public holiday . in all cases , the period shall be able to be extended to encompass three full plenary sessions .


### the commission should have the power to adopt delegated acts under article 290 of the tfeu to supplement or amend certain non - essential elements of particular legislative acts , notably to take account of economic , social and technical developments . the commission should ensure that these delegated acts do not impose a significant additional administrative burden on member states or on the respondent units . ### the commission should have the power to adopt delegated acts under article 290 of the tfeu to supplement or amend certain non - essential elements of particular legislative acts , notably to take account of economic , social and technical developments . the commission should ensure that these delegated acts do not impose an additional administrative burden on member states or on the respondent units , other than what is absolutely necessary .


### since taking up its responsibilities on 1 december 2012 , the agency took over the tasks conferred on the management authority in relation to vis by regulation no 767 / 2008 and council decision 2008 / 633 / jha55 . it took over the tasks conferred to the management authority in relation to sis ii by regulation no 1987 / 2006 and council decision 2007 / 533 / jha in april 2013 following the system ' s go - live and it took up the tasks conferred on the commission in relation to eurodac in accordance with regulations no 2725 / 2000 and 407 / 2002 in june 2013 . the first evaluation of the agency ' s work based on an independent external evaluation and carried out in 2015 - 2016 , concluded that eu - lisa effectively ensures the operational management of the large - scale it systems and other tasks entrusted to it but also that a number of changes to the establishing regulation are necessary such as the transfer to the agency of the communication infrastructure tasks retained by the commission . building on the external evaluation , the commission took into account policy , legal and factual developments and proposed in particular in its report on the functioning of the european agency on the operational management of large - scale it systems in the area of freedom , security and justice 56 that the mandate of the agency should be extended to carry out the tasks derived from the adoption by the co - legislators of proposals entrusting new systems to the agency , the tasks referred to in the commission ' s communication on stronger and smarter information systems for borders and security of 6 april 2016 , the high level expert group ' s final report of 11 may 2017 and in the commission ' s seventh progress report towards an effective and genuine security union of 16 may 2017 , subject where required to the adoption of the relevant legislative instruments . in particular , the agency should be tasked with the development of a european search portal , a shared biometric matching service and a common identity repository , subject to the adoption of the relevant legislative instrument on interoperability . where relevant , any actions carried out on interoperability should have to be guided by the commission communication on the european interoperability framework – implementation strategy . 57 _________________ 55 council decision 2008 / 633 / jha of 23 june 2008 concerning access for consultation of the visa information system by designated authorities of member states and by europol for the purposes of the prevention , detection and investigation of terrorist offences and of other serious criminal offences . 56 com 346 , 29 . 6 . 2017 . 57 com 134 , 23 . 3 . 2017 . annex 2 of this communication provides the general guidelines , recommendations and best practices for achieving interoperability or at least for creating the environment to achieve better interoperability when designing , implementing and managing european public services . ### since taking up its responsibilities on 1 december 2012 , the agency took over the tasks conferred on the management authority in relation to vis by regulation no 767 / 2008 and council decision 2008 / 633 / jha55 . it took over the tasks conferred to the management authority in relation to sis ii by regulation no 1987 / 2006 and council decision 2007 / 533 / jha in april 2013 following the system ' s go - live and it took up the tasks conferred on the commission in relation to eurodac in accordance with regulations no 2725 / 2000 and 407 / 2002 in june 2013 . _________________ 55 council decision 2008 / 633 / jha of 23 june 2008 concerning access for consultation of the visa information system by designated authorities of member states and by europol for the purposes of the prevention , detection and investigation of terrorist offences and of other serious criminal offences .


### adopt the necessary security measures , including a security plan and a business continuity and disaster recovery plan , taking into account the possible recommendations of the security experts present in the advisory groups ; ### adopt the necessary security measures , including a proper information security risk management process and a business continuity and disaster recovery plan , taking into account the possible recommendations of the security experts present in the advisory groups ;


### appropriate measures including security plans shall be adopted by the agency inter alia , to prevent the unauthorised reading , copying , modification or deletion of personal data during transfers of personal data or transport of data media , in particular by means of appropriate encryption techniques . all system - related operational information circulating in the communication infrastructure shall be encrypted . ### appropriate measures including the implementation of a proper information security management system shall be adopted by the agency inter alia , to prevent the unauthorised reading , copying , modification or deletion of personal data during transfers of personal data or transport of data media , in particular by means of appropriate encryption techniques . all system - related operational information circulating in the communication infrastructure shall be encrypted .


### at the request of the commission or the council and after a decision of the management board the agency may be entrusted with budget implementation tasks for proofs of concept funded under the instrument for financial support for external borders and visa provided for in regulation no 515 / 2014 in accordance with article 58 of regulation no 966 / 2012 , by way of a delegation agreement . ### at the request of the commission or the council , with the consent of the parliament , and after a decision of the management board the agency may be entrusted with budget implementation tasks for proofs of concept funded under the instrument for financial support for external borders and visa provided for in regulation no 515 / 2014 in accordance with article 58 of regulation no 966 / 2012 , by way of a delegation agreement .


### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . ### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . throughout the procedure , the authorities shall guarantee the confidentiality of the process and of any sensitive information , while protecting the procedural rights of both parties .


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the agricultural and food products , and / or of the services related to those products ;


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a pecuniary fine or other sanctions on the author of the infringement , in accordance with national law . the fine and the other sanctions shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement . repeated infringements by the same operator shall be taken into account when determining the sanction to be applied ;


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products , as well as to the services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement : ### member states shall ensure that the following trading practices constitue prohibited trading arrangements , if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement :


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a pecuniary fine or other sanctions on the author of the infringement , in accordance with national law the fine and the other sanctions shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement ;


### a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ; ### a buyer unilaterally cancels orders of perishable agricultural or food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ;


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should ensure the fair and proper functioning of the agricultural and food supply chain and promptly terminate a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines or other sanctions and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing all relevant information and assisting in investigations which have a cross - border dimension .


### eur 6 800 000 000 for marie skłodowska - curie actions ; ### 7 , 226 % of the amount referred to in paragraph 1 , first half sentence , for marie skłodowska - curie actions ;


### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , to be implemented only where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration including central management of all financial contributions . ### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , to be implemented only where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration .


### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , deviate from the amounts referred to in paragraph 2 up to a maximum of 10% . no such deviation shall be allowed in respect of the amounts referred to in points of paragraph 2 of this article and the total amount set out for part ' strengthening the european research area ' of paragraph 2 of this article . ### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , propose to increase the amounts referred to in paragraph 2 by up to 15% or decrease them by up to 5% . no decrease shall be allowed in respect of the amount referred to in point of paragraph 2 . no increase or decrease shall be allowed in respect of the amounts referred to in points of paragraph 2 and the total amount set out for part ' strengthening the european research area ' of paragraph 2 .


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### eur 16 000 000 000 for cluster ' food and natural resources from land and sea ' ;


### the interim evaluation of the programme shall be carried out once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . it shall include an assessment of the long - term impact of previous framework programmes and shall form the basis to adjust programme implementation , as appropriate . ### the interim evaluation of the programme shall be carried out once there is sufficient information available about the implementation of the programme , but no later than three years after the start of the programme implementation . it shall include an assessment of the long - term impact of previous framework programmes and shall form the basis to adjust programme implementation , as appropriate .


### be centered on ambitious but realistic research and innovation activities ; ### be centered on ambitious , excellence - driven research and innovation activities across all stages of development ;


### the pillar ' open innovation ' should establish a series of measures for integrated support to the needs of entrepreneurs and entrepreneurship aiming at realising and accelerating breakthrough innovation for rapid market growth . it should attract innovative companies with potential for scaling up at international and at union level and offer fast , flexible grants and co - investments , including with private investors . these objectives should be pursued through the creation of a european innovation council . this pillar should also support the european institute of innovation and technology and european innovation ecosystems at large , notably through co - funding partnerships with national and regional innovation support actors . ### the pillar ' open innovation ' should establish a series of measures for integrated support to the needs of entrepreneurs and entrepreneurship aiming at realising and accelerating breakthrough innovation for rapid market growth as well as fostering incremental innovation . it should attract innovative companies with potential for scaling up at international and at union level and offer fast , flexible grants and co - investments , including with private investors . these objectives should be pursued through the creation of a european innovation council . this pillar should also support the european institute of innovation and technology and european innovation ecosystems at large , notably through co - funding partnerships with national and regional innovation support actors .


### cluster ' food and natural resources ' ; ### cluster ' food , natural resources , seas and oceans ' ;


### eur 16 600 000 000 for the european research council ; ### 17 , 641 % of the amount referred to in paragraph 1 , first half sentence , for the european research council ;


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


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in 2018 prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### cluster ' food and natural resources ' ; ### cluster ' agriculture , food and natural resources ' ;


### horizon europe is designed to be implemented in synergy with other union funding programmes . a non - exhaustive list of synergies with other union funding programmes is included in annex iv . ### horizon europe is designed to be implemented in synergy with other union funding programmes . a non - exhaustive list of synergies with other union funding programmes is included in annex iv . increased synergies and a coherence throughout the eu funding instruments should prevent an increase in complexity for the beneficiaries and applicants .


### eur 13 500 000 000 for pillar iii ' open innovation ' for the period 2021 - 2027 , of which ### 14 , 346 % of the amount referred to in paragraph 1 , first half sentence , for pillar iii ' open innovation ' for the period 2021 - 2027 , of which


### eur 2 800 000 000 for cluster ' inclusive and secure society ' ; ### eur 1 800 000 000 for cluster ' inclusive and creative society ' ;


### to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; ### to foster all forms of innovation , both social and economic innovation , including breakthrough innovation , and strengthen market deployment of knowledge and innovative solutions ;


### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ; ### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial and / or in - kind commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ;


### the beneficiaries shall further develop the plan during and after the end of the action . ### the beneficiaries may further detail the plan during the action .


### where appropriate , indirect costs included in unit costs or lump sums shall be calculated using the flat rate set out in paragraph 1 , except for unit costs for internally invoiced goods and services which shall be calculated on the basis of actual costs , in accordance with the beneficiaries ' usual costs accounting practices . ### where appropriate , instead of using the flat rate set out in paragraph 1 , indirect costs can be determined by unit costs for internally invoiced goods and services which shall be calculated on the basis of actual costs , in accordance with the beneficiaries ' usual costs accounting practices .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the european research area and foster its competitiveness , including in its industry , research excellence and fundamental research , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals .


### eur 400 000 000 for ' reforming and enhancing the european r&i system ' . ### 0 , 425 % of the amount referred to in paragraph 1 , first half sentence , for ' reforming and enhancing the european r&i system ' .


### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , deviate from the amounts referred to in paragraph 2 up to a maximum of 10% . no such deviation shall be allowed in respect of the amounts referred to in points of paragraph 2 of this article and the total amount set out for part ' strengthening the european research area ' of paragraph 2 of this article . ### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , propose to increase the amounts referred to in paragraph 2 by up to 15% or decrease them by up to 5% . no decrease shall be allowed in respect of the amount referred to in point of paragraph 2 . no increase or decrease shall be allowed in respect of the amounts referred to in points of paragraph 2 and the total amount set out for part ' strengthening the european research area ' of paragraph 2 .


### the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions . ### the action may also be terminated where the milestones have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions .


### the programme shall ensure the effective promotion of gender equality and the gender dimension in research and innovation content . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups . ### the programme shall ensure the effective promotion of gender equality , the gender dimension in research and innovation content and gender research . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups .


### the commission’s communication on the interim evaluation of horizon 2020 2 final ) has provided a set of recommendations for this programme , including its rules for participation and dissemination , building on the lessons learnt from the previous programme as well as input from eu institutions and stakeholders . those recommendations include to invest more ambitiously in order to reach critical mass and maximise impact ; to support breakthrough innovation ; to prioritise union research and innovation investments in areas of high added value , notably through mission - orientation , citizen involvement and wide communication ; to rationalise the union funding landscape , including by streamlining the range of partnership initiatives and co - funding schemes ; the development of more and concrete synergies between different union funding instruments , notably with the aim of helping to mobilise under - exploited r&i potential across the union ; to strengthen international cooperation and reinforce openness to third countries’ participation ; and to continue simplification based on implementation experiences from horizon 2020 . ### the commission’s communication on the interim evaluation of horizon 2020 2 final ) has provided a set of recommendations for this programme , including its rules for participation and dissemination , building on the lessons learnt from the previous programme as well as input from eu institutions and stakeholders . it is stated in the evaluation that the previous programme was clearly underfunded given the number of proposals put forward that were deemed to have exceeded the stringent quality threshold , and it is estimated that applicants spent eur 643 million preparing the proposals . the recommendations put forward include : invest more ambitiously in order to reach critical mass and maximise impact ; support breakthrough innovation ; prioritise union research and innovation investments in areas of high added value , notably through mission - orientation , citizen involvement and wide communication ; rationalise the union funding landscape , including by streamlining the range of partnership initiatives and co - funding schemes ; develop more and concrete synergies between different union funding instruments , notably with the aim of helping to mobilise under - exploited r&i potential across the union ; strengthen international cooperation and reinforce openness to participation by third countries ; and continue simplification based on implementation experiences from horizon 2020 .


### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; disaster - resilient societies ; protection and security ; cybersecurity ### areas of intervention : democracy , e - democracy and fundamental rights ; culture and cultural heritage ; media literacy ; education ; social and economic transformations ; cultural and creative industries and sectors ; accessibility for persons with disabilities to all products and services


### the programme should seek synergies with other union programmes , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules . ### the programme should seek synergies with other union programmes , from their design and strategic planning , application and reporting forms to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance , as well as ensuring interoperability with a view to avoiding overlaps and duplication and increasing the leverage of union funding , as well as decreasing administrative burden for the applicants and beneficiaries .


### the amount referred to in paragraph 1 , first half sentence , may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities and expenditures necessary for managing and implementing the programme , including all administrative expenditure , as well as evaluating the achievement of its objectives . it may moreover cover expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme . ### the amount referred to in paragraph 1 , first half sentence , may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities and expenditures necessary for managing and implementing the programme , including all administrative expenditure , as well as evaluating the achievement of its objectives . it may moreover cover expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are directly related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme .


### research activities carried out under the pillar ' open science ' should be determined according to the needs and opportunities of science . the research agenda should be set in close liaison with the scientific community . research should be funded on the basis of excellence . ### research activities carried out under the pillar ' open science ' should be determined according to the needs and opportunities of science and based on curiosity - driven knowledge . the research agenda should be set in close liaison with the scientific community . research should be funded on the basis of excellence .


### the interim evaluation of the programme shall be carried out once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . it shall include an assessment of the long - term impact of previous framework programmes and shall form the basis to adjust programme implementation , as appropriate . ### the interim evaluation of the programme shall be carried out once there is sufficient information available about the implementation of the programme and the result of the evaluation shall be made available no later than four years after the start of the programme implementation . it shall include an assessment of the long - term impact of previous framework programmes and shall form the basis to adjust programme implementation , as appropriate .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . ### acknowledging climate change as one of the biggest global and societal challenges , and reflecting the importance of urgent action to tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute actively to mainstream climate actions and to the achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives .


### undersized marine organisms which belong to a species subject to the landing obligation set out in article 15 of regulation [ xxxx ] shall be retained on board , landed and counted against quotas . they shall not be sold , displayed or offered for sale for human consumption . ### within regions 1 , 2 , 3 and 4 it is prohibited to release mackerel , herring or horse mackerel before the net is fully taken on board a fishing vessel resulting in the loss of dead or dying fish , except for methods such as small - scale purse - seine fishing , which have been shown to result in a high survival rate of discards through use of the slipping process .


### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . ### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy as laid down in directive 2008 / 98 / ec . that progressive reduction of landfilling will bring a major change in waste management in many member states . with improved statistics on waste collection and treatment , it should be possible to avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste and will help to achieve a high quality of sorted material . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . it is also necessary to ensure that there is coordinated planning in relation to shipments of waste within the union so that waste is treated in the most cost - efficient and sustainable way .


### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 1 . those implementing acts shall be adopted in accordance with the procedure referred to in article 17 of this directive . ### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 1 that support the re - use of data and open data objectives . those implementing acts shall be adopted in accordance with the procedure referred to in article 17 of this directive .


### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the target referred to in paragraph 5 . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the deadline laid down in paragraph 5 . in the event of an extension , the member state shall take the necessary measures to reduce by 2030 the amount of municipal waste landfilled to 20% of the total amount of municipal waste generated . ### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the target referred to in paragraph 5 . the member state shall notify the commission of its intention to make use of this provision at the latest 36 months before the deadline laid down in paragraph 5 . in the event of an extension , the member state shall take the necessary measures to reduce by 2030 the amount of municipal waste landfilled to 30% of the total amount of municipal waste generated .


### biodegradable municipal waste accounts for a large proportion of municipal waste . landfilling of untreated biodegradable waste poses significant negative enviornmental effects in terms of greenhouse gas emissions and pollution of surface water , groundwater , soil and air . while directive 1999 / 31 / ec already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste that has been separately collected in accordance with article 22 of directive 2008 / 98 / ec . ### biodegradable municipal waste accounts for a large proportion of municipal waste . landfilling of untreated biodegradable waste poses significant negative environmental effects in terms of greenhouse gas emissions and pollution of surface water , groundwater , soil and air . while directive 1999 / 31 / ec already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste , which should be separately collected in accordance with article 22 of directive 2008 / 98 / ec .


### to partially finance the contribution from the union budget , the available envelopes of the horizon 2020 – the framework programme for research and innovation 2014 - 2020 , provided by regulation no 1291 / 2013 of the european parliament and of the council2 , and the connecting europe facility , provided by regulation no 1316 / 2013 of the european parliament and of the council3 , should be reduced . those programmes serve purposes that are not replicated by the efsi . however , the reduction of both programmes to finance the guarantee fund is expected to ensure a greater investment in certain areas of their respective mandates than is possible through the existing programmes . the efsi should be able to leverage the eu guarantee to multiply the financial effect within those areas of research , development and innovation and transport , telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned horizon 2020 and connecting europe facility programmes . it is , therefore , appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of efsi . __________________ 2 regulation no 1291 / 2013 of the european parliament and of the council of 11 december 2013 establishing horizon 2020 - the framework programme for research and innovation and repealing decision no 1982 / 2006 / ec . 3 regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 . ### to partially finance the contribution of the union budget to the eu budget guarantee fund will be done on a progressive basis using various possibilities within the eu budget . in order of priority , the contribution will be financed by the annual surplus , the unused funds , the flexibility instrument and the margins of the eu budget .


### registration ### permit and registration


### this directive should not apply to energy related products covered by implementing measures adopted in accordance with directive 2009 / 125 / ec or by chapter iii or iv of directive 2010 / 75 / eu . certain other combustion plants should also be exempted from the scope of this directive , on the basis of their technical characteristics or their use in particular activities . ### this directive should not apply to energy related products covered by implementing measures adopted in accordance with directive 2009 / 125 / ec or by chapter iii or iv of directive 2010 / 75 / eu . certain other combustion plants should also be exempted from the scope of this directive , on the basis of their technical characteristics or their use in particular activities . no combustion plant should be subjected to double regulation . if needed , the commission should come forward with clarifying guidelines .


### in zones not complying with eu air quality limit values laid down in directive 2008 / 50 / ec , member states shall apply , for individual medium combustion plants in those zones , emission limit values based on the benchmark values laid down in annex iii or on stricter values established by the member states , unless it is demonstrated to the commission that applying such emission limit values would entail disproportionate costs and that other measures ensuring compliance with the air quality limit values have been included in the air quality plans required under article 23 of directive 2008 / 50 / ec . ### in zones not complying with eu air quality limit values laid down in directive 2008 / 50 / ec , member states may apply , for individual medium combustion plants in those zones , emission limit values based on the benchmark values laid down in annex iii or on stricter values established by the member states , unless applying such emission limit values would entail disproportionate costs and that other measures ensuring compliance with the air quality limit values have been included in the air quality plans required under article 23 of directive 2008 / 50 / ec .


### the procedure for registration shall include at least a notification to the competent authority by the operator of the operation or the intention to operate a medium combustion plant . ### member states shall specify the procedure for permitting and registration . this shall include at least an obligation for the operator to notify the competent authority of the operation or the intention to operate a medium combustion plant .


### ‘ operating hours’ means the time , expressed in hours , during which a combustion plant is discharging emissions into the air ; ### ‘ operating hours’ means the time , expressed in hours , during which a combustion plant is operating and discharging emissions into the air , excluding start - up and shut - down periods ;


### the combustion of fuel in small combustion plants and appliances can be covered by acts implementing 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 products15 . combustion of fuel in large combustion plants is covered by directive 2010 / 75 / eu of the european parliament and of the council16 from 7 january 2013 , while directive 2001 / 80 / ec of the european parliament and of the council17 continues to apply to large combustion plants covered by article 30 of directive 2010 / 75 / eu until 31 december 2015 . __________________ 15 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 . 16 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions . 17 directive 2001 / 80 / ec of the european parliament and of the council of 23 october 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants . ### the combustion of fuel in small combustion plants and appliances can be covered by acts implementing directive 2009 / 125 / ec of the european parliament and of the council15 . further measures are however needed under directive 2009 / 125 / ec in order to cover the remaining legislative gap . combustion of fuel in large combustion plants is covered by directive 2010 / 75 / eu of the european parliament and of the council16 from 7 january 2013 , while directive 2001 / 80 / ec of the european parliament and of the council17 continues to apply to large combustion plants covered by article 30 of directive 2010 / 75 / eu until 31 december 2015 . __________________ 15 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 . 16 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions . 17 directive 2001 / 80 / ec of the european parliament and of the council of 23 october 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants .


### member states shall take the necessary measures to ensure that medium combustion plants are operated only if they are registered by the competent authority . ### member states shall take the necessary measures to ensure that no new medium combustion plants are operated without a permit or registration .


### member states may exempt new medium combustion plants which do not operate more than 500 operating hours per year from compliance with the emission limit values set out in part 2 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 100 mg / nm³ shall apply . ### member states may , in extraordinary circumstances , exempt new medium combustion plants which do not operate more than 1000 operating hours per year as a rolling average over a period of 5 years from compliance with the emission limit values set out in part 2 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 100 mg / nm³ shall apply .


### member states shall be able to use credits from projects issued pursuant to article 24a of directive 2003 / 87 / ec for compliance under article 9 , without any quantitative limit and while avoiding double - counting . ### member states shall be able to use credits from projects issued pursuant to article 24a of directive 2003 / 87 / ec for compliance under article 9 , without any quantitative limit and while avoiding double - counting . member states shall encourage private sector participation in such projects .


### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . ### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . at all events , the commission shall submit a revision of this regulation no later than six years after the entry into force thereof . if the commission takes the view that such a revision is not required , it shall give the european parliament and the council reasons for its decision .


### the commission may request from the member state where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1 . ### the commission may request from the member state where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1 ; the minimum qualitative requirements for the data to be provided must be met to improve the reliability and comparability of data sets on foreign direct investment provided by member states .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve eu funding , or which are covered by union legislation regarding critical infrastructure , defence , critical technologies or critical inputs . an indicative and non - exhaustive list of projects or programmes of union interest is included in annex 1 .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them . ### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission and improve the reliability and comparability of data provided by member states , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them .


### the member states where the foreign direct investment is planned or has been completed shall take utmost account of the commission ' s opinion and provide an explanation to the commission in case its opinion is not followed . ### the member states where the foreign direct investment is planned or has been completed shall take account of the commission ' s opinion and provide a written explanation to the commission in case its opinion is not followed . the commission shall transmit this explanation to other member states , taking full account of article 11 .


### - critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### - critical infrastructure , including critical material and raw materials , energy security , transport , communications , public health provision , media , data storage , aerospace or financial infrastructure , as well as sensitive facilities and security and defence industries and infrastructure , such as military bases , and foreign direct investment in land and real estate that may affect use of that defence infrastructure ;


### the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order may request from the member state where the foreign direct investment is planned or has been completed , any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 . ### a member state which duly considers that a foreign direct investment is likely to affect its security or public order may address a request to the commission to provide it with any information received from the member state where the foreign direct investment is planned or has been completed which is necessary to provide comments referred to in paragraph 2 . member states have five working days from the day of the notification of the activation of a screening mechanism under paragraph 1 to address a request for information to the commission . the commission shall collect all requests for information received and immediately transmit them to the member state where the foreign direct investment is planned or has been completed , as well as to the other member states . the commission may also on its own initiative request the member state where the foreign direct investment is planned or has been completed to provide it with any information necessary to issue the opinion referred to in paragraph 3


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states and the commission to cooperate in a transparent manner and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states , whose security or public order may be affected by a foreign direct investment in another member state , should be able to provide comments to the commission . the commission should then forward all comments to the member state where the investment is planned as well as all other member states concerned . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned . based on the comments received , the commission may request the issue to be discussed in the framework of the investment screening coordination group .


### - critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### - critical infrastructure , including energy , critical materials and raw materials , transport , communications , data storage , aerospace or financial infrastructure , historical and cultural heritage , services of general interest , as well as sensitive facilities


### a broad range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered . ### investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered , to the extent they relate to security and public order .


### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order should remain non - exhaustive . ### to guide member states and the commission in the application of the regulation , it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order . this list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the union . this list of factors that may affect security or public order remains non - exhaustive .


### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . ### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , generating growth , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes .


### the member states where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other member states referred to in paragraph 2 and to the opinion of the commission referred to in paragraph 3 . ### the member states where the foreign direct investment is planned or has been completed shall give consideration to the comments of the other member states referred to in paragraph 2 and to the opinion of the commission referred to in paragraph 3 .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states shall maintain , amend or adopt mechanisms to screen foreign direct investments on their own territory . screening may be undertaken if necessary to protect security or to maintain public order and shall be done in particular on the basis of the terms set out in this regulation .


### the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order may request from the member state where the foreign direct investment is planned or has been completed , any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 . ### at the request of the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order , the member state where the foreign direct investment is planned or has been completed , shall deliver relevant information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 . additionally , the commission may request that the issue be discussed in the central screening point .


### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay . ### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay and complies with minimum qualitative requirements for the reliability and comparability of data sets .


### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . ### no later than four years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal .


### comments pursuant to paragraphs 2 or opinions pursuant to paragraph 3 shall be addressed to the member state where the foreign direct investment is planned or has been completed within a reasonable period of time , and in any case no later than 25 working days following receipt of the information referred to in paragraphs 1 or 4 . in cases where the opinion of the commission follows comments from other member states , the commission shall have 25 additional working days for issuing the opinion . ### indications pursuant to paragraphs 2 or paragraph 3 shall be addressed to the member state where the foreign direct investment is planned or has been completed and to the commission within a reasonable period of time , and in any case no later than 25 working days following receipt of the information referred to in paragraphs 1 or 4 .


### the commission shall address its opinion to the member state concerned within a reasonable period of time , and in any case no later than 25 working days following receipt of the information requested by the commission pursuant to paragraph 2 . where a member state has a screening mechanism in place as referred to in article 3 and the information on foreign direct investment undergoing screening has been received by the commission pursuant to article 8 , the opinion shall be delivered no later than 25 working days following receipt of such information . where additional information is needed to issue an opinion , the 25 - day period shall run from the date of receipt of the additional information . ### the commission shall issue its opinion to the member state concerned within a reasonable period of time , in order to not hamper due to unreasonable delays either the foreign direct investment or the national screening , and in any case no later than 25 working days following receipt of the information necessary to issue an opinion pursuant to paragraph 1 .


### member states shall establish timeframes for issuing screening decisions . such timeframes shall allow them to take into account the comments of member states referred to in article 8 and the opinion of the commission referred to in articles 8 and 9 . ### member states shall establish timeframes for issuing screening decisions and make them publicly available . such timeframes shall allow them to take into account the comments of member states referred to in article 8 and the opinion of the commission referred to in articles 8 and 9 .


### the commission or a member state which duly considers that a foreign direct investment is likely to affect its security or public order may request from the member state where the foreign direct investment is planned or has been completed , any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 . ### a member state which has justified reasons to consider that a foreign direct investment is likely to affect its security or public order may request from the member state where the foreign direct investment is planned or has been completed , any information necessary to provide comments referred to in paragraph 2 , or to issue the opinion referred to in paragraph 3 .


### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . ### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . at any event , the commission should submit a revision of this regulation no later than six years after the entry into force thereof . if the commission takes the view that such a revision is not required , it shall give the european parliament and the council reasons for its decision .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances in global trade , whilst fully safeguarding the prerogatives of the member states to screen foreign direct investments on grounds of security and public order , including , among others , strategic interests , enabling key technologies , strategic assets , strategic and sensitive data , etc . , and taking into account their individual situations and national circumstances . the framework should also facilitate the member states without a screening mechanism adopting one .


### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation . ### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation , particularly in respect to the protection of trade secrets .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , reflecting whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission .


### having regard to the treaty on the functioning of the european union , and in particular article 192 and article 207 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 192 thereof ,


### the export , import and manufacturing of a range of mercury - added products accounting for a significant share of the use of mercury and mercury compounds within the union and globally should be prohibited . ### the export , import and manufacturing of a range of mercury - added products accounting for a significant share of the use of mercury and mercury compounds within the union should be prohibited , provided that such prohibitions do not lead to an increase in the total release of mercury globally .