### 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 in the union based on the end - user ' s nationality or place of residence or establishment unless such differences are objectively justified .


### 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 .


### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services other than number - independent interpersonal communications services , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made , and the following information in a clear and comprehensible manner : ### before a consumer is bound by a contract or any corresponding offer which is subject to any kind of remuneration , providers of internet access services , publicly available interpersonal communications services and transmission services used for broadcasting shall provide , where applicable , the following information to the consumer , to the extent that such information pertains to a service they provide .


### any minimum service quality levels to the extent that these are offered , and in accordance with berec guidelines to be adopted after consultation of stakeholders and in close cooperation with the commission , regarding : –for internet access services : at least latency , jitter , packet loss , –for publicly available number - based interpersonal communications services : at least the time for the initial connection , failure probability , call signalling delays and –for services other than internet access services within the meaning of article 3 of regulation 2015 / 2120 : the specific quality parameters assured , ### any minimum service quality levels to the extent that these are offered , and in accordance with berec guidelines to be adopted pursuant article 97 , after consultation of stakeholders and in close cooperation with the commission , regarding : –for internet access services : at least latency , jitter , packet loss , –for publicly available interpersonal communications services at least the time for the initial connection , failure probability , call signalling delays in accordance with annex ix of this directive and –for services other than internet access services within the meaning of article 3 of regulation 2015 / 2120 : the specific quality parameters assured , where no minimum service quality levels are offered , a statement to this effect shall be made .


### without prejudice to the right of end - users to use terminal equipment of their choice in accordance with article 3 of regulation 2015 / 2120 / ec , any restrictions imposed by the provider on the use of terminal equipment supplied ; ### without prejudice to the right of end - users to use terminal equipment of their choice in accordance with article 3 of regulation 2015 / 2120 / ec , any fees and restrictions imposed by the provider on the use of terminal equipment supplied and , where appropriate , brief technical information for the proper functioning of the equipment chosen by the consumer ;


### any compensation and refund arrangements , which apply if contracted service quality levels are not met ; ### any compensation and refund arrangements , including where applicable , explicit reference to statutory rights of consumers , which apply if contracted service quality levels are not met or if a security incident , notified to the provider , takes place due to known software or hardware vulnerabilities for which patches have been issued by the manufacturer or developer and the service provider has not applied those patches or taken any other appropriate counter - measure ;


### as part of the information on price : ### as part of the information on price and means of remuneration :


### details of after - sales service and maintenance charges , and ### details of after - sales , maintenance and customer support service and maintenance charges , and ,


### for bundled services the conditions of termination of the bundle or of elements thereof , ### for bundled services the conditions of termination of the bundle or of elements thereof , where applicable ,


### the means of initiating procedures for the settlement of disputes in accordance with article 25 ; ### the means of initiating procedures for the settlement of disputes , including national and cross - border disputes , in accordance with article 25 ;


### paragraphs 1 and 2 shall apply also to micro or small enterprises as end - users unless they have explicitly agreed to waive all or parts of those provisions , ### paragraphs 1 , 2 and 6 shall apply also to micro or small enterprises and not - for - profit organisations as end - users unless they have expressly agreed to waive all or parts of those provisions ,


### 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 .


### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . ### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer consumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . providers of internet access services and of publicly available number - based interpersonal communications services shall give consumers best - tariff advice relating to their services upon request and , at the latest , 3 months prior to the termination of the contract period .


### 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 .


### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services . ### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and , where appropriate , indicative figures addressing the quality of service performance of different internet access services and publicly available number - based interpersonal communications services .


### clearly disclose their owners and operators ; ### clearly disclose the owners and operators of the comparison tool ;


### comparison tools fulfilling the requirements in points to shall , upon request , be certified by national regulatory authorities . third parties shall have a right to use , free of charge , the information published by undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , for the purposes of making available such independent comparison tools . ### comparison tools fulfilling the requirements in points to shall , upon the request of the provider of the tool , be certified by national regulatory authorities . third parties shall have a right to use , free of charge and in open data formats , the information published by providers of internet access services or publicly available number - based interpersonal communications services for the purposes of making available such independent comparison tools .


### member states may require that the undertakings providing internet access services or publicly available number - based interpersonal communications services distribute public interest information free of charge to existing and new end - users , where appropriate , by the same means as those they ordinarily use in their communications with end - users . in such a case , that public interest information shall be provided by the relevant public authorities in a standardised format and shall , inter alia , cover the following topics : ### member states may require that both national authorities and the providers of internet access services , publicly available number - based interpersonal communications services , or both , distribute public interest information free of charge to existing and new end - users , where appropriate , by the same means as those they ordinarily use in their communications with end - users . in such a case , that public interest information shall be provided by the relevant public authorities in a standardised format and shall , inter alia , cover the following topics :


### national regulatory authorities may require providers of internet access services and of publicly available number - based interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . ### national regulatory authorities may require providers of internet access services and of publicly available interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services to the extent that they offer minimum levels of service quality and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . such measures to ensure quality of service shall be in compliance with regulation 2015 / 2120 . providers of publicly available interpersonal communication services shall inform the consumer , if the quality of services they provide depends on any external factors , such as control of signal transmission or network connectivity .


### by [ entry into force plus 18 months ] , in order to contribute to a consistent application of this paragraph , berec shall adopt , after consultation of stakeholders and in close cooperation with the commission , guidelines on the relevant quality of service parameters , including parameters relevant for disabled end - users , the applicable measurement methods , the content and format of publication of the information , and quality certification mechanisms . ### by [ entry into force plus 18 months ] , in order to contribute to a consistent application of this paragraph and of annex ix , berec shall adopt , after consultation of stakeholders and in close cooperation with the commission , guidelines detailing the relevant quality of service parameters , including parameters relevant for end - users with disabilities , the applicable measurement methods , the content and format of publication of the information , and quality certification mechanisms .


### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate an initial commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period . this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection . ### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and providers of publicly available internet access services , number - based interpersonal communications services and transmission services used for broadcasting , do not mandate a commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the contractual commitment period . member states may also require that providers offer consumers the possibility to subscribe to a contract with a maximum duration of 12 months or less . this paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to very high capacity connectivity networks . an instalment contract for the deployment of a physical connection shall not include terminal equipment or internet access service equipment , such as a router or modem and shall not preclude consumers from exercising their rights under this article .


### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract , consumers are entitled to terminate the contract at any time with a one - month notice period and without incurring any costs except the cost of providing the service during the notice period . ### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after such an automatic prolongation , consumers are entitled to terminate the contract at any time with a maximum one - month notice period and without incurring any costs except the charges for receiving the service during the notice . before the contract is automatically prolonged , providers shall inform the consumer in a prominent way about the end of the initial contract period and about the means to terminate the contract , if so requested . providers shall use the same means as those normally used in their communications with consumers .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of internet access services , publicly available number - based interpersonal communications services and transmission services used for broadcasting , unless the proposed changes are exclusively to the benefit of the end - user or are of a purely technical nature and have a neutral effect on the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any change in the contractual conditions , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium by the same means as the provider ordinarily uses in its communications with consumers .


### where an early termination of a contract on a publicly available electronic communications service by the end - user is possible in accordance with this directive , other provisions of union law or national law , no compensation shall be due by the end - user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion . any restriction on the usage of terminal equipment on other networks shall be lifted , free of charge , by the provider at the latest upon payment of such compensation . ### where an end - user has the right to terminate a contract for a publicly available internet access services , number - based interpersonal communications service and transmission services used for broadcasting , before the end of the agreed contract term pursuant to this directive , other provisions of union law or national law , no penalties and no compensation shall be due by the end - user other than for retained subsidised terminal equipment . where the end - user chooses to retain terminal equipment bundled at the moment of the contract conclusion , any compensation due shall not exceed its pro rata temporis value at the moment of the contract conclusion or on the remaining part of the service fee until the end of the contract , whichever amount is smaller . member states may choose other methods of calculating the compensation rate , where such a rate is equal to or less than the compensation calculated above . any restriction on the usage of terminal equipment on other networks shall be lifted , free of charge , by the provider at the latest upon payment of such compensation . member states may adopt or maintain additional requirements in relation to this paragraph to ensure a higher level of consumer protection .


### in case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day . national regulatory authorities shall ensure the efficiency of the switching process for the end - user . ### in the case of switching between providers of internet access services , the providers concerned shall provide the end - user with adequate information before and during the switching process and ensure continuity of the service . the receiving provider shall lead the switching process to ensure that the activation of the service shall occur on the date and within the timeframe expressly agreed with the end - user . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . loss of service during the switching process shall not exceed one working day where both providers use the same technological means . where the providers use different technological means , they shall endeavour to limit loss of service during the switching process to one working day , unless a longer period , which shall not exceed two working days , is duly justified . national regulatory authorities shall ensure the efficiency and simplicity of the switching process for the end - user .


### porting of numbers and their subsequent activation shall be carried out within the shortest possible time . in any case , end - users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement . ### porting of numbers and their subsequent activation shall be carried out within the shortest possible time . in any case , consumers who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the agreed date . the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated . this paragraph shall apply also to micro or small enterprises and not - for - profit organisations as end - users unless they have expressly agreed to waive all or parts of those provisions .


### the receiving provider shall lead the switching and porting process . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . in any event , loss of service during the process of porting shall not exceed one working day . in case of failure of the porting process , the transferring provider shall reactivate the number of the end - user until the porting is successful national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching process and are not switched to another provider against their will . ### the receiving provider shall lead the switching and porting process and both the receiving and transferring providers shall cooperate in good faith . national regulatory authorities may establish the global process of switching and of porting of numbers , taking into account national provisions on contracts , technical feasibility and the need to maintain continuity of service to the end - user . this shall include , where available , a requirement for the porting to be completed though over - the - air provisioning , unless an end - user requests otherwise . in any event , loss of service during the process of porting shall not exceed one working day . the end - users ' contracts with the transferring provider shall be terminated automatically upon conclusion of the switching process . transferring providers shall refund any remaining credit to the consumers using pre - paid services . refund may be subject to a fee only if stated in the contract . any such fee shall be proportionate and commensurate with the actual costs incurred by the transferring provider in offering the refund . in case of failure of the porting process , the transferring provider shall reactivate the number or service of the end - user , on the same terms and conditions as the end - user was on prior to the switching process being initialised , until the porting or switching process is successful national regulatory authorities shall also take appropriate measures ensuring that end - users are adequately informed and protected throughout the switching and porting processes and are not switched to another provider against their will .


### member states shall ensure that appropriate sanctions on undertakings are provided for , including an obligation to compensate end - users in case of delay in porting or abuse of porting by them or on their behalf . ### member states shall ensure that appropriate sanctions on undertakings are provided forin case of delay in porting or abuse of porting by them or on their behalf .


### if a bundle of services or a bundle of services and goods offered to an end - user comprises at least a publicly available electronic communications service other than number - independent interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user . ### if a bundle of services or a bundle of services and terminal equipment offered to a consumer comprises at least an internet access service or a publicly available number - based interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the consumer .


### any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number - independent interpersonal communications services shall not re - start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re - started . ### any subscription to additional services or terminal equipment provided or distributed by the same provider of internet access services or of publicly available number - based interpersonal communications services shall not extend the term of the contract unless the consumer expressly agrees otherwise when subscribing to the additional services or terminal equipment .


### member states shall take all necessary measures to ensure the fullest possible availability of publicly available telephone services provided over public communications networks in the event of catastrophic network breakdown or in cases of force majeure . member states shall ensure that undertakings providing publicly available telephone services take all necessary measures to ensure uninterrupted access to emergency services . ### member states shall take all necessary measures to ensure the fullest possible availability of voice communications and internet access service provided over public communications networks in the event of catastrophic network breakdown or in cases of force majeure . member states shall ensure that providers of voice communications and internet access service take all necessary measures to ensure uninterrupted access to emergency services .


### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . ### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that providers of end - users with number - based interpersonal communications , where that service allows end - users to originate national calls to a number in a national or international telephone numbering plan , provide access to emergency services through emergency communications to the most appropriate psap using location information that is available to number - based interpersonal communications service providers and in a manner that is consistent with member states ' emergency calling infrastructures . providers of number - independent interpersonal communications services that do not offer 112 access shall inform end - users that access to the emergency number 112 is not supported .


### member states shall ensure that all emergency communications to the single european emergency number ‘ 112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems . such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers , where these continue to be in use . ### member states shall ensure that all emergency communications to the single european emergency number ‘ 112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems , considering the need to handle calls in a multilingual manner . such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers , where these continue to be in use .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services or third - party relay services . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on an equivalent basis with others , whilst travelling in another member state , where feasible , without any pre - registration . these measures shall seek to ensure interoperability across member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### member states shall ensure that caller location information is available to the psap without delay after the emergency communication is set up . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ . member states may extend that obligation to cover emergency communications to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided . ### member states shall ensure that caller location information is made available to the most appropriate psap without delay after the emergency communication is set up . this shall include both network - based location information and , where available , handset - derived caller location information . member states shall ensure that the establishment and the transmission of the end - user location information are free of charge for the end - user and to the psap with regard to all emergency communications to the single european emergency number ' 112 ' . member states may extend that obligation to cover emergency communications to national emergency numbers . this shall not prevent competent authorities , after consulting berec , from laying down criteria for the accuracy and reliability of the caller location information provided .


### member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , in particular through initiatives specifically targeting persons travelling between member states . ### member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , as well as its accessibility features , including through initiatives specifically targeting persons travelling between member states , and persons with disabilities . that information shall be provided in accessible formats , addressing different types of disabilities . the commission shall support and complement member states’ action .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall , after consulting berec , be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for end - users , accessibility for persons with disabilities and routing to the most appropriate psap . the commission shall maintain a database of e . 164 numbers of european emergency services to ensure that they are able to contact each other from one member state to another .


### equivalent access and choice for disabled end - users ### equivalent access and choice for end - users with disabilities


### member states shall ensure that the competent authorities specify , where appropriate , requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end - users : ### member states shall ensure that the competent authorities specify requirements to be met by providers of publicly available electronic communications services to ensure that end - users with disabilities :


### have access to electronic communications services equivalent to that enjoyed by the majority of end - users ; and ### have access to electronic communications services , including the related contractual information provided pursuant to article 95 , equivalent to that enjoyed by the majority of end - users ; and member states shall also ensure that providers of publicly available electronic communications services take the necessary measures to make their websites and mobile applications more accessible by making them perceivable , operable , understandable and robust .


### interoperability of consumer digital television equipment ### interoperability of consumer radio and television equipment


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . member states shall only impose ' must carry ' obligations on analogue television broadcast transmissions where a lack of such an obligation would cause a significant disturbance for a significant number of end - users or where there are no other transmission means for specified television broadcast channels . ' must carry ' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### the obligations referred to in the first subparagraph shall be reviewed by the member states at the latest within one year of [ date of entry into force of this directive ] , except where member states have carried out such a review within the previous four years . ### the obligations referred to in the first paragraph shall be reviewed by the member states at the latest within one year of [ date of entry into force of this directive ] , except where member states have carried out such a review within the previous four years .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine in their legislation appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks and services . if remuneration is to be provided for , the requirement for remuneration and its amount may be laid down by law and such remuneration shall be applied in a proportionate and transparent manner .


### without prejudice to article 83 , member states shall ensure that national regulatory authorities are able to require all undertakings that provide internet access services and / or publicly available number - based interpersonal communications services to make available all or part of the additional facilities listed in part b of annex vi , subject to technical feasibility and economic viability , as well as all or part of the additional facilities listed in part a of annex vi . ### without prejudice to article 83 , member states shall ensure that national regulatory authorities are able to require all providers that provide internet access services and / or publicly available number - based interpersonal communications services to make available free of charge , where relevant , all or part of the additional facilities listed in part b of annex vi , subject to technical feasibility , as well as all or part of the additional facilities listed in part a of annex vi .


### list of services which the functional internet access service shall be capable of supporting in accordance with article 79 ### list of services which the internet access service in accordance with article 79 shall be capable of supporting


### calls which are free of charge to the calling end - users , including calls to helplines , are not to be identified in the calling end user ' s itemised bill . ### calls which are free of charge to the calling end - users , including calls to helplines , are not to be identified in the calling end user ' s itemised bill , but may be made available through other means , such as online interfaces .


### the national regulatory authority has a responsibility to ensure that the information in this annex is published , in accordance with article 96 . it is for the national regulatory authority to decide which information is to be published by the undertakings providing publicly available electronic communications services , except number - independent interpersonal communications services and which information is to be published by the national regulatory authority itself , so as to ensure that consumers are able to make informed choices . if deemed appropriate , national regulatory authorities may promote self - or co - regulatory measures prior to imposing any obligation . ### the national regulatory authority has a responsibility to ensure that the information in this annex is published , in accordance with article 96 . it is for the national regulatory authority to decide which information is relevant to be published by the providers of internet access services and providers of publicly available number - based interpersonal communications services and which information is to be published by the national regulatory authority itself , so as to ensure that all end - users are able to make informed choices . if deemed appropriate , national regulatory authorities may promote self - or co - regulatory measures prior to imposing any obligation .


### 1 . scope of the services offered and the main characteristics of each service provided , including any minimum service quality levels offered and any restrictions imposed by the provider on the use of terminal equipment supplied . ### 1 . scope of the services offered and the main characteristics of each service provided , including any minimum service quality levels offered and any restrictions imposed by the provider on the use of terminal equipment supplied , and accessible information about the functioning of the service and its accessibility characteristics and facilities .


### 6 . details of products and services designed for disabled users . ### 6 . details of products and services designed for users with disabilities , including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations .


### 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 .


### when exercising the powers delegated in article 2 , the commission shall ensure that the delegated acts do not impose a significant additional administrative burden on member states and on the respondents . ### when exercising the powers delegated in article 2 , the commission shall ensure that the delegated acts do not impose an additional administrative burden on member states and on the respondents , 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 .


### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission . ### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . the management board should carry out these tasks in an efficient and transparent way . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission .


### where the agency processes personal data for the purpose referred to paragraph 1 , the specific provisions concerning data protection and data security of the respective legislative instruments governing the development , establishment , operation and use of the large - scale it systems managed by the agency shall apply . ### where the agency processes personal data for the purpose referred to paragraph1 , the specific provisions concerning data protection and data security of the respective legislative instruments governing the development , establishment , operation and use of the large - scale it systems managed by the agency shall apply . in any case , pursuant to regulation no 45 / 2001 , every data subject shall have the right to lodge a complaint with the european data protection supervisor and have the right to a remedy before the court of justice of the european union , including the right to receive compensation from the agency , if the data subject considers that the processing of personal data relating to him or her infringes those specific provisions .


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### freedom of contract is a cornerstone of any business - to - business relationship in the market economy and parties should be able to design contracts that best suit their needs . however , the number and size of operators vary across the different stages of the food supply chain . therefore , differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized .


### 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 agricultural and good 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 . repeated infringements should be taken into account when determining the sanctions to be applied . 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 .


### member states shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions which are applicable to any situation falling within their scope , irrespective of the law otherwise applicable to the supply agreement between the parties . ### member states shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions of trading arrangements which are applicable to any situation falling within their scope .


### to initiate and conduct investigations on its own initiative or based on a complaint ; ### to proactively initiate and conduct investigations on its own initiative or based on a complaint ;


### 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 the 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 and possible repetition of the infringement ;


### 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 . ### 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 swift achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives .


### 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 .


### “results” means any tangible or intangible effect of the action , such as data , know - how or information , whatever its form or nature , whether or not it can be protected , as well as any rights attached to it , including intellectual property rights ; ### “results” means any tangible or intangible effect of the action , such as data , deepening and broadening of the knowledge base , better understanding , know - how or information , whatever its form or nature , whether or not it can be protected , as well as any rights attached to it , including intellectual property rights ;


### horizon europe activities shall be primarily delivered through calls for proposals , some of which organised as parts of missions and european partnerships . ### horizon europe activities shall be primarily delivered through transparent calls for proposals , some of which organised as parts of missions and european partnerships .


### by derogation from article 203 of the financial regulation , a certificate on the financial statements shall be mandatory at payment of the balance , if the amount claimed as actual costs and unit costs calculated in accordance with usual cost accounting practices is equal to or greater than eur 325 000 . ### by derogation from article 203 of the financial regulation , a certificate produced by an approved external auditor or , in the case of public bodies , by a competent and independent public officer , on the financial statements shall be mandatory only where the cumulative amount of interim and balance payments made to a participant is equal to eur 325 . 000 or more .


### the amounts recovered shall constitute revenue assigned to the mechanism within the meaning of article 21 of the financial regulation . once all grants whose risk is covered directly or indirectly by the mechanism are completed , any sums outstanding shall be recovered by the commission and entered into the budget of the union , subject to decisions of the legislative authority . ### the amounts recovered shall constitute revenue assigned to the mechanism within the meaning of article 21 of the financial regulation . once all grants whose risk is covered directly or indirectly by the mechanism are completed , any sums outstanding shall be recovered by the commission and entered into the budget of the union .


### eic blended finance shall be implemented in accordance with article 43 . the support under the eic blended finance may be granted until the action can be financed as a blending operation or as a financing and investment operation fully covered by the eu guarantee under investeu . by derogation from article 209 of the financial regulation , the conditions laid down in paragraph and , in particular , paragraph and , do not apply at the time of the award of eic blended finance ### eic blended finance shall be implemented in accordance with article 43 . the support under the eic blended finance may be granted until the action can be financed as a blending operation or as a financing and investment operation fully covered by the eu guarantee under investeu .


### the control system for the programme shall ensure an appropriate balance between trust and control , taking into account administrative and other costs of controls at all levels , especially for beneficiaries . ### the control system for the programme shall ensure an appropriate balance between trust and control , taking into account administrative and other costs of controls at all levels , especially for beneficiaries . audits shall be conducted in conformity with internationally accepted audit standards and general principles of law .


### in accordance with article 127 of the financial regulation , the commission or funding body may rely on audits on the use of union contributions carried out by other persons or entities , including by other than those mandated by the union institutions or bodies . ### in accordance with article 127 of the financial regulation , the commission or funding body may rely on audits on the use of union contributions carried out by other persons or entities , including by other than those mandated by the union institutions or bodies providing that those audits are based on internationally accepted audits standards and have been conducted by an independent auditor .


### european research council : providing attractive and flexible funding to enable talented and creative individual researchers and their teams to pursue the most promising avenues at the frontier of science , on the basis of union - wide competition . ### european research council : providing attractive and flexible funding to enable talented and creative individual researchers and their teams to pursue the most promising avenues at the frontier of science , on the basis of union - wide competition and full decision - making autonomy .


### the programme is expected to have economic / innovation impact by influencing the creation and growth of companies , creating direct and indirect jobs , and by leveraging investments for research and innovation . progress towards this impact will be monitored through proxy indicators set along the following three key impact pathways . ### the programme is expected to have economic / innovation impact by influencing the creation and growth of companies , creating direct and indirect jobs that meet all current union labour laws and rights , and by leveraging investments for research and innovation . progress towards this impact will be monitored through proxy indicators set along the following three key impact pathways .


### 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 .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , which should be eurostat , and by deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . the data should be collected in line with standards and specifications that support open data objectives and should be made available as open data .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . the quality check report shall be drawn up in accordance with a harmonised format . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states .


### the data reported by the member state in accordance with this article shall be accompanied by a quality check report . ### the data reported by the member state in accordance with this article shall be accompanied by a quality check report . the quality check report shall be drawn up in accordance with a harmonised format .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data , and shall compare expected and actual progress towards meeting the deadline laid down in article 5 . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years .


### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory . ### member states and regional and local authorities shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory .


### ’existing combustion plant’ means a combustion plant put into operation before [ 1 year after the date of transposition ] ; ### ’existing combustion plant’ means a combustion plant put into operation before [ 1 year after the date of transposition ] or for which a permit was granted before [ date of transposition ] pursuant to national legislation provided that the plant is put into operation no later than [ 1 year after date of transposition ] ;


### 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 .


### member states may exempt existing 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 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply . ### member states may , in extraordinary circumstances , exempt existing 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 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply .


### member states may exempt existing 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 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply . ### member states may exempt existing medium combustion plants which do not operate more than 1500 operating hours per year from compliance with the emission limit values set out in part 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply .


### sections of the road network adjoining road tunnels of the trans - european road network covered by directive 2004 / 54 / ec of the european parliament and of the council16 have a particularly high accident risk . joint road safety inspections of these road sections involving representatives of both the competent road and tunnel authorities should therefore be introduced in order to improve the safety of the road network as a whole . _________________ 16 directive 2004 / 54 / ec of the european parliament and of the council of 29 april 2004 on minimum safety requirements for tunnels in the trans - european road network . ### sections of the road network adjoining road tunnels of the trans - european road network covered by directive 2004 / 54 / ec of the european parliament and of the council16 have a particularly high accident risk . joint road safety inspections of these road sections involving representatives of both the competent road and tunnel authorities should therefore be introduced in order to improve the safety of the road network covered by this directive . _________________ 16 directive 2004 / 54 / ec of the european parliament and of the council of 29 april 2004 on minimum safety requirements for tunnels in the trans - european road network .


### member states shall ensure the safety of sections of the road network adjoining road tunnels covered by directive 2004 / 54 / ec through joint road safety inspections involving the competent entities involved in the implementation of this directive and directive 2004 / 54 / ec . the joint road safety inspections shall be carried out at least every three years . ### member states shall ensure the safety of sections of the road network adjoining road tunnels covered by directive 2004 / 54 / ec through joint road safety inspections involving the competent entities involved in the implementation of this directive and directive 2004 / 54 / ec . the joint road safety inspections shall be sufficiently frequent in order to ensure adequate safety levels , but in any case shall be carried out at least every three years .


### a member state whose greenhouse gas emissions for a given year are below its annual emission allocation for that year , taking into account the use of flexibilities pursuant to this article and article 6 , may bank that excess part of its annual emission allocation to subsequent years until 2030 . ### a member state whose greenhouse gas emissions for a given year are below its annual emission allocation for that year , taking into account the use of flexibilities pursuant to this article and article 6 , may bank that excess part of its annual emission allocation to subsequent years until 2030 . that excess part may be partly or totally used in any subsequent year until 2030 without exceeding 5% of the annual allocation emission .


### 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 with regards to public security and public order in a member state should be covered .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security , including in its economic dimension , or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information exchange and coordination between member states with regard to foreign direct investments falling under the scope of this regulation in all member states . member states in which the foreign direct investment is planned or has been completed should make this information available upon request of the member states or of the commission or the investment screening coordination group . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including information about subsides granted by third countries .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are considered to affect projects or programmes of union interest on the grounds of security or public order


### - 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


### - critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### - critical technologies , including artificial intelligence , nanotechnologies , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , aerospace or nuclear technology , or any other strategically important state - of - the - art technology ;


### member states may maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions . ### member states may maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions . these measures may also include situation when ownership structure or other key characteristics of the investor have significantly changed in the period following completion of the foreign direct investment concerned .


### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel . ### where a member state has justified reasons to consider that a foreign direct investment planned or completed in another member state will affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel .


### each member state shall appoint a foreign direct investment screening contact point for the screening of foreign direct investment . the commission and other member states shall involve these fdi screening contact points on all issues related to implementation of this regulation . ### each member state , regardless of whether it maintains a screening mechanism , shall appoint a foreign direct investment screening contact point . the commission and other member states shall involve these fdi screening contact points and the investment screening coordination group on all issues related to implementation of this regulation .


### most mercury emissions and associated exposure risks result from anthropogenic activities , including primary mercury mining and processing , the use of mercury in products , industrial processes and artisanal and small - scale gold mining and mercury emissions originating in particular from coal combustion and the management of mercury waste . ### most mercury emissions and associated exposure risks result from anthropogenic activities , including primary mercury mining and processing , the use of mercury in products , industrial processes and artisanal and small - scale gold mining and mercury emissions originating in particular from coal combustion and the management of mercury waste . fossil fuel combustion in power plants and industrial boilers together with residential heating constitute almost half of global mercury emissions . therefore , the transition to renewable energy production along with energy efficiency measures should be hastened in order to significantly reduce the release of mercury into the atmosphere .


### berec should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . _________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under 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 . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 . ### in light of the increasing convergence between sectors providing electronic communication services and the horizontal dimension of regulatory issues related to their development , berec should coordinate the work , and cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 , the european union agency for network and information security32 , the consumer protection cooperation , and european standardisation organisations ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . _________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under 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 . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 .


### experience has shown that most of berec’s tasks are better carried out through working groups , therefore the management board should be in charge of setting up working groups and appointing their members . in order to ensure a balanced approach , the working groups should be coordinated and moderated by members of the berec staff . lists of qualified experts should be prepared in advance to ensure a quick set - up of certain working groups , in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum , due to the time limits of those procedures . ### experience has shown that most of berec’s tasks are better carried out through working groups , therefore the management board should be in charge of setting up working groups and appointing their members . in order to ensure a balanced approach , the working groups should be coordinated and moderated by members of the berec staff . lists of qualified experts should be prepared in advance to ensure a quick set - up of certain working groups , in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum , due to the time limits of those procedures . lists of qualified expert members of working groups , together with their declaration of interests , should be made publicly available .


### in order to carry out its tasks effectively , berec should have the right to request all necessary information from the commission , the nras and , as a last resort , other authorities and undertakings . requests for information should be proportionate and not impose an undue burden on the addressees . nras , which are closest to the electronic communications markets , should cooperate with berec and have a timely and accurate provision of information to ensure that berec is able to fulfil its mandate . berec should also share with the commission and the nras the necessary information based on the principle of sincere cooperation . ### in order to carry out its tasks effectively , berec should have the right to request all necessary information from the commission , the nras and , where necessary to perform its tasks , other authorities and undertakings . requests for information should be proportionate and not impose an undue burden on the addressees . for that purpose , berec should establish a common information and communication system to avoid duplication of information requests and facilitate communication between all authorities involved . nras , which are closest to the electronic communications markets , should cooperate with berec and have a timely and accurate provision of information to ensure that berec is able to fulfil its mandate . berec should also share with the commission and the nras the necessary information based on the principle of sincere cooperation .


### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . ### berec shall as primary objectives ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and contribute to the development of the internal market , thereby contributing to the objectives referred to in article 3 of the directive [ . . . ] of promoting access to , and take - up of , very high capacity data connectivity , competition in the provision of electronic communications networks , services and associated facilities , and the interests of the citizens of the union .


### adopt and proceed with an assessment of the consolidated annual activity report on berec’s activities and send both the report and its assessment , by 1 july each year to the european parliament , the council , the commission and the court of auditors . the consolidated annual activity report shall be made public ; ### adopt and proceed with an assessment of the consolidated annual activity report on berec’s activities and send both the report and its assessment , by 1 july each year to the european parliament , the council , the commission and the court of auditors . the annual report on berec ' s activities shall be presented to the parliament and council by the executive director during a public session . the consolidated annual activity report shall be made public ;


### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies . ### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment , develop stronger synergies and avoid unnecessary duplication .