### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy offers an inclusive option for all consumers to have a direct stake in producing , consuming or sharing energy between each other within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network . community energy initiatives focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it , without losing access to the network operated by the community energy initiative or their rights as consumers . access to a local energy community ' s network should be granted on fair and cost - reflective terms . ### distributed energy technologies and consumer empowerment have made community energy and energy cooperatives an effective and cost - efficient way to meet citizens ' needs and expectations regarding energy sources , services and local participation . community energy offers an inclusive option for all consumers to have a direct stake in producing , consuming or sharing energy between each other , on the basis of open and voluntary participation , within a geographically confined community network that may operate in an isolated mode or be connected to the public distribution network . community energy initiatives focus primarily on providing affordable energy of a specific kind , such as renewable energy , for their members or shareholders , contributing to bringing benefits to local communities and to representing local interests , and rather than prioritising profit - making like a traditional energy company . by directly engaging with consumers community energy initiatives are demonstrating their potential in facilitating the up - take of new technologies and consumption patterns , including smart distribution grids and demand response , in an integrated manner . community energy can also advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs . community energy also enables certain groups of household consumers to participate in the energy market who otherwise might not have been able to do so . where they have been successfully operated such initiatives have delivered economic , social and environmental value to the community that goes beyond the mere benefits derived from the provision of energy services . local energy communities should be allowed to operate on the market on a level - playing field without distorting competition . household consumers should be allowed to voluntarily participate in a community energy initiative as well as to leave it , without losing access to the network operated by the community energy initiative or their rights as consumers . access to a local energy community ' s network should be granted on fair and cost - reflective terms .


### are entitled to generate , store , consume and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective ; ### are entitled to generate , store , consume , sell with priority access self - generated electricity in all organised markets either individually or through aggregators , as well as to participate in the ancillary services of the system and in the mechanisms of response to the demand , without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective , and are entitled to receive a remuneration for self - generated electricity which reflects the market value of the electricity fed in ;


### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity , inter alia by providing energy management services , developing innovative pricing formulas , or introducing interoperable smart metering systems or smart grids , where appropriate . ### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity , inter alia by providing energy management services , developing innovative pricing formulas , and introducing interoperable smart metering systems in particular with consumer energy management systems , smart grids , and where appropriate smart appliances and ' smart homes '


### is equipped where technically feasible with functionalities referred to in article 20 , or with a minimum set of functionalities to be defined and published by member states at national level and in line with the provisions in annex iii , ### is equipped with functionalities referred to in article 20 , or with a minimum set of functionalities to be defined and published by member states at national level and in line with the provisions in annex iii ,


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , develop , manage or operate storage facilities ; ### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , develop , manage or operate cost - efficient storage facilities and the national regulatory authorities has granted it approval ;


### such assessment shall take into consideration the methodology for a cost - benefit analysis and the minimum functionalities for smart metering defined in the commission recommendation 2012 / 148 / eu as well as best available techniques for ensuring the highest level of cybersecurity and data protection . ### such assessment shall be based on the methodology for a cost - benefit analysis and the minimum functionalities for smart metering defined in the commission recommendation 2012 / 148 / eu as well as best available techniques for ensuring the highest level of cybersecurity and data protection . the commission shall ensure that this methodology is used in a consistent manner across the union .


### regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that distribution system operators ' activities in this regard are phased - out . ### regulatory authorities shall perform at regular intervals or at least every five years a review on the ability for existing storage facilities to be tendered and where appropriate a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the review or the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that distribution system operators ' activities in this regard are phased - out . .


### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , distribution system operators or aggregators ; ### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , suppliers , distribution system operators or aggregators ;


### the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use . that information shall be made easily available and visualised to final customers at no additional cost and at near - real time in order to support automated energy efficiency programmes , demand response and other services ; ### the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use . that information shall be made easily available to final customers at near - real time , e . g . by making it possible for the customer to connect own equipment to the meter through a communication interface in order to support automated energy efficiency programs , demand response and other services . for existing smart metering systems , the requirements must be met , when the metering system is replaced by a new one ;


### the transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost - effective manner . ### the regulatory authority shall perform at regular intervals or at least every five years review on the ability for these storage facilities to be tendered and where appropriate a public consultation for the required storage services in order to assess the potential interest of market parties to invest , develop , operate or manage in such facilities . where the review or the public consultation indicates that third parties are able to provide a viable proposition to own , develop , operate or manage specific storage facilities , member states shall ensure that transmission system operators ' activities in this regard are phased - out .


### the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use . that information shall be made easily available and visualised to final customers at no additional cost and at near - real time in order to support automated energy efficiency programmes , demand response and other services ; ### the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use . that information shall be made easily available to final customers at no additional cost and at a period adapted to the final customer in order to support automated energy efficiency programmes , demand response and other services ;


### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated competitive , consumer - centered and flexible electricity markets in the union . using the advantages of an integrated market , the directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators . ### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated , consumer - centered and flexible electricity markets in the union . it sets a common minimum level of interconnections for all member states . using the advantages of an integrated market , the directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators .


### the energy installation required for the activities of the active customer may be managed by a third party for installation , operation , including metering and maintenance . ### the energy installation required for the activities of the active customer may be owned or managed by a third party acting on behalf of a customer or a group of customers for installation , operation , including metering and maintenance .


### provisions of chapter iv apply to local energy communities that perform activities of a distribution system operator ; ### provisions of chapter iv as well as other rules and regulations applying to distribution system operators apply to local energy communities that perform activities of a distribution system operator ;


### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity , inter alia by providing energy management services , developing innovative pricing formulas , or introducing interoperable smart metering systems or smart grids , where appropriate . ### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity , inter alia by providing energy management services , developing innovative pricing formulas , and introducing interoperable smart metering systems or smart grids , where appropriate .


### member states that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll - out in a transparent and non - discriminatory manner . member states shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain , including the delivery of net benefits to consumers . ### member states that proceed with smart metering deployment shall ensure that final customers contribute to the associated costs of the roll - out in a transparent and non - discriminatory manner while taking into account the long - term benefits for the whole value chain . member states shall regularly monitor this deployment in their territories to track the evolution of costs and benefits for the whole value chain , including the delivery of net benefits to consumers .


### when setting up the rules regarding the management and exchange of data , member states or , where a member state has so provided , the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with regulation 2016 / 679 of the european parliament and of the council44 . for the purpose of this directive , data shall include metering and consumption data as well as data required for consumer switching . eligible parties shall include at least customers , suppliers , transmission and distribution system operators , aggregators , energy service companies , and other parties which provide energy or other services to customers . __________________ 44 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 . ### when setting up the rules regarding the management and exchange of data , member states or , where a member state has so provided , the designated competent authorities shall specify the eligible parties which may have access to data of the final customer with their explicit consent in accordance with regulation 2016 / 679 of the european parliament and of the council44 . for the purpose of this directive , data shall include metering and consumption data as well as data required for consumer switching , automated energy efficiency programmes , demand response and energy management services . . eligible parties shall include at least customers , suppliers , transmission and distribution system operators , aggregators , energy service companies , and other parties which provide energy or other services to customers . __________________ 44 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 .


### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid . ### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the transmission or distribution networks . member states shall ensure that transmission system operators and distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid .


### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , concerning in particular preparatory , monitoring , control , audit and evaluation activities as well as use of information technology networks focusing on information processing and exchange , and use and development of corporate information technology tools . ### the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the programme , concerning in particular preparatory , monitoring , control , audit and evaluation activities as well as use of information technology networks focusing on information processing and exchange , and use and development of corporate information technology tools . the total costs of administrative and technical support should not exceed a limit of 5% of the overall budget referred to in article 4 .


### the policy objectives of this programme will be also addressed through financial instruments and budgetary guarantee under the sme window of the investeu fund . financial support should be used to address market failures or sub - optimal investment situations , in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market . actions should have a clear european added value . ### the policy objectives of this programme will be also addressed through financial instruments and budgetary guarantee under the sme window of the investeu fund . the sme window of the investeu fund should have a central overarching point providing information about the programme in each member state , in order to increase the accessibility and awareness of the funds for smes . financial support should be used to address market failures or sub - optimal investment situations , in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market . actions should have a clear european added value .


### improving the competitiveness of enterprises with special emphasis on smes and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry and the promotion of entrepreneurship ; ### improving the competitiveness and sustainability of enterprises with special emphasis on smes and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry , green innovation and the promotion of entrepreneurship and contributing to the high - quality training of workers ;


### improving the competitiveness of enterprises with special emphasis on smes and achieving additionality through the provision of measures that provide various forms of support to smes , access to markets including the internationalisation of smes , favourable business environment for smes , the competitiveness of sectors , the modernisation of industry and the promotion of entrepreneurship ; ### strengthening both the competitiveness and sustainability of enterprises with special emphasis on smes , paying particular attention to their specific needs , promoting their creation , and achieving additionality through the provision of measures that provide various forms of support to smes , reduced administrative burden , improved access to finance for smes in their start - up and growth phase , access to markets including the internationalisation of smes , favourable business environment for smes and , improved framework conditions for enhancing the competitiveness and sustainability of sectors , the accelerating the modernisation of industry and enterprises , in order to be compatible with a net - zero carbon , climate - resilient , energy and resource efficient economy and the promotion of entrepreneurship ;


### the internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation . a new era of digital innovation continues to provide opportunities for businesses and individuals , creates new products and business models but equally constitutes a challenge to regulation and enforcement . ### the internal market has to continuously adapt to a rapidly changing environment of digital revolution , climate change and globalisation . a new era of digital innovation continues to provide opportunities for businesses and individuals , creates new products and business models but equally constitutes a challenge to regulation and enforcement .


### a modernisation fund should be established from 2% of the total eu ets allowances , and auctioned in accordance with the rules and modalities for auctions taking place on the common auction platform set out in regulation 1031 / 2010 . member states who in 2013 had a gdp per capita at market exchange rates of below 60% below the union average should be eligible for funding from the modernisation fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market . the rules for governing the modernisation fund should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants . the function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds . that governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the eib in the decision - making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the modernisation fund . investments financed from the fund should be proposed by the member states . to ensure that the investment needs in low income member states are adequately addressed , the distribution of funds will take into account in equal shares verified emissions and gdp criteria . the financial assistance from the modernisation fund could be provided through different forms . ### a modernisation fund should be established from 10% of the allowances to be auctioned and 2% of the total eu ets allowances , and auctioned in accordance with the rules and modalities for auctions taking place on the common auction platform set out in regulation 1031 / 2010 . member states who in 2013 had a gdp per capita at market exchange rates of below 60% below the union average should be eligible for funding from the modernisation fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector in line with the union ' s long term climate and energy goals , while avoiding distortions of the internal energy market . the rules for governing the modernisation fund should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants . the function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds . that governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise and energy project criteria of the eib in the decision - making process . investments financed from the fund should be proposed by the member states . to ensure that the investment needs in low income member states are adequately addressed , the distribution of funds will take into account in equal shares verified emissions and gdp criteria . the financial assistance from the modernisation fund could be provided through different forms .


### member states shall require benefiting electricity generators and network operators to report by 28 february of each year on the implementation of their selected investments . member states shall report on this to the commission , and the commission shall make such reports public . ### member states shall require benefiting electricity generators and network operators to report by 28 february of each year on the implementation of their selected investments . member states shall annually report on this to the commission , and the commission shall make such reports public .


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . this act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation . ### the commission shall be empowered to adopt a delegated act in accordance with article 23 . this act shall also provide for additional allocation from the new entrants reserve for significant production changes . any 10% increase or decrease in production expressed as a rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with article 11 should be adjusted with a corresponding amount of allowances by placing allowances into and releasing allowances from the reserve referred to in paragraph 7 .


### 400 million allowances shall be available to support innovation in low - carbon technologies and processes in industrial sectors listed in annex i , and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage of co2 as well as demonstration projects of innovative renewable energy technologies , in the territory of the union . ### 400 million allowances shall be available to leverage investments , using a variety of instruments managed by the european investment bank , in innovation in low - carbon technologies and processes in industrial sectors listed in annex i , and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage of co2 as well as demonstration projects of innovative renewable energy technologies , in the territory of the union .


### eu ets funding should be coherent with other union funding programmes , including european structural and investment funds , so as to ensure the effectiveness of public spending . ### eu ets funding should be coherent with other union funding programmes , including horizon 2020 , the european fund for strategic investments , european structural and investment funds and the european investment bank climate investment strategy , so as to ensure the effectiveness of public spending .


### 10% of the total quantity of allowances to be auctioned being distributed amongst certain member states for the purpose of solidarity and growth within the community , thereby increasing the amount of allowances that those member states auction under point by the percentages specified in annex iia . ' ; and ### 10% of the total quantity of allowances to be auctioned being added to the modernisation fund as set out in article 10d of this directive , thereby increasing the amount of allowances ;


### other sectors and sub - sectors are considered to be able to pass on more of the cost of allowances in product prices , and shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to article 10a . ### other sectors and sub - sectors are considered to be able to pass on more of the cost of allowances in product prices , and shall not be allocated allowances free of charge for the period up to 2030 .


### member states should partially compensate , in accordance with state aid rules , certain installations in sectors or sub - sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices . the protocol and accompanying decisions adopted by the conference of the parties in paris need to provide for the dynamic mobilisation of climate finance , technology transfer and capacity building for eligible parties , particularly those with least capabilities . public sector climate finance will continue to play an important role in mobilising resources after 2020 . therefore , auction revenues should also be used for climate financing actions in vulnerable third countries , including adaptation to the impacts of climate . the amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed intended nationally determined contributions , subsequent investment plans and national adaptation planning processes . member states should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy . ### member states should partially compensate , in accordance with state aid rules , certain installations in sectors or sub - sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices . the protocol and accompanying decisions adopted by the conference of the parties in paris need to provide for the dynamic mobilisation of climate finance , technology transfer and capacity building for eligible parties , particularly those with least capabilities . public sector climate finance will continue to play an important role in mobilising resources after 2020 . therefore , auction revenues should also be used for climate financing actions in vulnerable third countries , including adaptation to the impacts of climate . the amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed intended nationally determined contributions , subsequent investment plans and national adaptation planning processes .


### sectors and sub - sectors where the product exceeds 0 . 2 from multiplying their intensity of trade with third countries , defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the european economic area , by their emission intensity , measured in kgco2 divided by their gross value added , shall be deemed to be at risk of carbon leakage . such sectors and sub - sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to article 10a . ### to determine the exposure to risk of carbon leakage for sectors and sub - sectors and in view of avoiding windfall profits , their intensity of trade with third countries , defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the european economic area , shall be multiplied by their emission intensity , measured in kgco2 divided by their gross value added . if this product exceeds 2 , 5 , these sectors and sub - sectors shall be deemed at high risk of carbon leakage and be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to article 10a . if this product exceeds 1 . 0 , these sectors and sub - sectors shall be deemed at medium risk of carbon leakage and be allocated allowances free of charge for the period up to 2030 at 80% of the quantity determined in accordance with the measures adopted pursuant to article 10a . if this product exceeds 0 , 2 , these sectors and sub - sectors shall be deemed at low risk of carbon leakage and be allocated allowances free of charge for the period up to 2030 at 60% of the quantity determined in accordance with the measures adopted pursuant to article 10a . if this product is below 0 , 2 , these sectors and sub - sectors shall be deemed at insignificant risk of carbon leakage and shall not be allocated allowances free of charge for the period up to 2030 .


### 10% of the total quantity of allowances to be auctioned being distributed amongst certain member states for the purpose of solidarity and growth within the community , thereby increasing the amount of allowances that those member states auction under point by the percentages specified in annex iia . ' ; and ### 10% of the total quantity of allowances to be auctioned being added to the modernisation fund as set out in article 10d of this directive , the additional funds in the modernisation fund shall be distributed by the percentages specified in annex iia . ' ; and


### for the achievement of the objectives of the cfp , a number of conservation measures are to be adopted as appropriate in any combination thereof , such as multi - annual plans , technical measures , fixing and allocation of fishing opportunities . ### for the achievement of the objectives of the cfp , a number of conservation measures are to be adopted as appropriate in any combination thereof , such as multi - annual plans , technical measures , fixing and allocation of fishing opportunities in full accordance with the best available scientific advice .


### in the absence of scientific advice on fishing mortality rate consistent with maximum sustainable yield , fishing opportunities shall be consistent with scientific advice to ensure the sustainability of the stocks in line with the precautionary approach . ### in the absence of scientific advice and data on the fishing mortality rate consistent with maximum sustainable yield , fishing opportunities and measures shall be decided on in line with the precautionary approach set out in article 4 of regulation no 1380 / 2013 , and in keeping with the targets set in article 3 of this regulation .


### when scientific advice indicates that remedial action is required for the conservation of any of the demersal stocks of groups 3 to 7 , or when the spawning biomass of any of the stocks in group 1 or abundance of any of the functional units in group 2 for a given year is below the conservation reference points set out in annex ii , column a to this regulation , the commission is empowered to adopt delegated acts in accordance with article 18 of this regulation and article 18 of regulation no 1380 / 2013 regarding : ### when scientific advice indicates that additional action is required to ensure that any of the fisheries to which this regulation applies is managed in accordance with article 3 of this regulation , the commission is empowered to adopt delegated acts in accordance with article 18 of this regulation and article 18 of regulation no 1380 / 2013 . notwithstanding article 18 and of regulation no 1380 / 2013 , the commission may adopt delegated acts in the absence of a joint recommendation referred to in those paragraphs . these delegated acts shall include measures regarding :


### specific provisions on documentation of catches , in particular for the purpose of monitoring the implementation of the landing obligation ; and ### specific provisions on documentation of catches , in particular for the purpose of monitoring and controlling in order to ensure a level playing field by ensuring full compliance with the landing obligation ; and


### the objective of this plan should be to contribute to the achievement of the objectives of the cfp , and especially reaching and maintaining msy for the stocks concerned , contributing to the implementation of the landing obligation for demersal stocks subject to catch limits and contributing to the implementation of the ecosystem - based approach to fisheries management . ### the objective of this plan should be to achieve the objectives of the cfp , and especially restoring and maintaining msy for all populations of fish stocks to which this regulation applies above levels capable of producing msy , contributing to the implementation of the landing obligation for demersal stocks subject to catch limits and contributing to the implementation of the ecosystem - based approach to fisheries management .


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


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


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ date : 1 , 5 years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ date : 18 months after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


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


### in order to assist businesses , in particular start - ups , in setting - up their business , it should be possible to register a private limited liability company with the use of templates which are model instruments of constitution which should be available online . such models may contain a pre - defined set of options in accordance with national law . the applicants should be able to choose between using this model or registering a company with bespoke instruments of constitution and member states should have the option to provide templates also for other types of companies . ### in order to assist businesses , in particular start - ups , in setting - up their business , it should be possible to register a limited liability company with the use of harmonised european templates which should be model instruments of constitution and made available online . the commission should be tasked with the establishment of such templates by way of implementing act . such models may contain a pre - defined set of options in accordance with different national laws . the applicants should be able to choose between using this model or registering a company with bespoke instruments of constitution and member states should have the option to provide templates also for other types of companies .


### as a first step in a company’s lifecycle , it should be possible to establish and register companies fully online . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . in any event , member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form . ### as a first step in a company’s lifecycle , it should be possible to establish and register limited liability companies fully online . member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form .


### member states shall ensure that the registration of companies may be carried out fully online without the necessity for the applicants , or their representatives , to appear in person before any competent authority or before any other person or body dealing with the application for registration , subject to the proviso laid down in article 13b . however , member states may decide not to provide fully online registration procedures for those types of companies listed in annex i . ### member states shall ensure that the registration of companies may be carried out fully online without the necessity for the applicants , or their representatives , to appear in person before any competent authority or before any other person or body dealing with the application for registration , subject to the proviso laid down in article 13b .


### requirements relating to the use of templates , including information on national laws which govern the use and contents of such templates ; ### requirements relating to the use of the european template for online registration of companies ; including information on national laws which govern the use and contents of such templates


### notwithstanding the first subparagraph , member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 16 and with point of article 19 by … . [ op please set the date = the last day of the month of 60 months after the date of entry into force ] at the latest . ### notwithstanding the first subparagraph , member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 16 and with point of article 19 by … . [ op please set the date = the last day of the month of 36 months after the date of entry into force ] at the latest .


### member states shall make templates available on registration portals or websites that are part of the single digital gateway for the types of companies listed in annex iia . member states may also make templates available online for the registration of those types of companies listed in annex ii other than those listed in annex iia . ### member states shall make those templates available on registration portals or websites that are part of the single digital gateway for the types of companies listed in annexes i and iia . member states may also make templates available online for the registration of those types of companies listed in annex ii other than those listed in annex i and iia .


### the provisions of this directive are without prejudice to the possibility for each member state to take the necessary measures justified on grounds set out in articles 87 and 45 of the treaty on the functioning of the european union , to ensure the protection of its essential security interests , to safeguard public policy , public morality and public security , and to permit the investigation , detection and prosecution of criminal offences . ### the provisions of this directive are without prejudice to the possibility for each member state to take the necessary measures justified on grounds set out in articles 87 and 45 of the treaty on the functioning of the european union , to ensure the protection of its essential security interests , to safeguard public policy and public security , and to permit the investigation , detection and prosecution of criminal offences , taking into account that such measures must be provided for by law , respect the essence of the rights and freedom recognised by the charter and be subject to the principle of proportionality , in accordance with article 52 of the charter .


### in the digital single market strategy , the commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high - speed broadband networks , bring a more consistent single market approach to spectrum policy and management , deliver conditions for a true single market by tackling regulatory fragmentation , ensure a level playing field for all market players and consistent application of the rules , as well as provide a more effective regulatory institutional framework . ### in the digital single market strategy , the commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high - speed broadband networks , bring a more consistent single market approach to spectrum policy and management , deliver conditions for a true single market by tackling regulatory fragmentation , ensure an effective protection of consumers , a level playing field for all market players and consistent application of the rules , as well as provide a more effective regulatory institutional framework . the digital single market strategy for europe also announced the review of directive 2002 / 58 / ec in order to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players ;


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services .


### national regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity , as well as media pluralism . ### national regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy , the promotion of cultural and linguistic diversity , as well as media pluralism .


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


### there is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure , by providing minimum appointment qualifications , and a minimum duration for their mandate . furthermore , the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture , ensure continuity , and enhance independence . ### there is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure , by providing minimum appointment qualifications , and a minimum duration for their mandate . furthermore , the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture , ensure continuity , and enhance independence . to this end , member states should also ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body , they operate in a transparent and accountable manner in accordance with union law and national law and they have sufficient powers .


### in exceptional cases where member states decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy , public security or public health , member states should explain the reasons for such limitation . ### in exceptional cases where member states decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy , public security or public health , such limitations should be duly reasoned , provided for by law , respect the essence of the rights and freedoms recognised by the charter and be subject to the principle of proportionality , in accordance with article 52 of the charter . furthermore , any national law allowing public authorities to obtain access to networks or the contents of electronic communications on a generalised basis should be regarded as compromising the essence of the fundamental right to respect for private life , as guaranteed by article 7 of the charter .


### the aim of this directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take - up of very high capacity networks , sustainable competition , interoperability of electronic communications services and end - user benefits . ### the aim of this directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take - up of very high capacity secured networks , sustainable competition , interoperability of electronic communications services , accessibility and end - user benefits .


### without prejudice to the provisions of article 10 , national regulatory authorities shall act independently and objectively , and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing union law . this shall not prevent supervision in accordance with national constitutional law . only appeal bodies set up in accordance with article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities . ### without prejudice to the provisions of article 10 , national regulatory authorities shall act independently and objectively , be legally distinct and functionally independent from the government , operate in a transparent and accountable manner in accordance with union law and national law , have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing union law . this shall not prevent supervision in accordance with national constitutional law . only appeal bodies set up in accordance with article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities .


### prior to the conclusion of a pepp - related contract , the pepp provider or distributor referred to in article 19 of this regulation shall specify , on the basis of information obtained from the pepp saver , the retirement - related demands and the needs of that pepp saver and shall provide the pepp saver with objective information about the pepp in a comprehensible form to allow that pepp saver to make an informed decision . ### prior to the conclusion of a pepp - related contract , the pepp provider or distributor shall specify , on the basis of information obtained from the pepp saver , the retirement - related demands and the needs of that pepp saver and shall provide the pepp saver with objective information about the pepp in a comprehensible form to allow that pepp saver to make an informed decision . any contract proposed shall be consistent with the pepp saver’s retirement - related demands and needs .


### in order to allow a smooth transition for pepp providers , the obligation of providing pepps comprising compartments for each member state will apply three years after the entry into force of this regulation . however , upon launching a pepp , the provider should provide information on which national compartments are immediately available , in order to avoid a possible misleading of consumers . ### upon launching a pepp , the provider should provide information on which national compartments are immediately available in the contract .


### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 1 , 5 % of the positive balance to be transferred to the receiving pepp provider . ### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 0 , 5 % of the positive balance to be transferred to the receiving pepp provider .


### in order to ensure optimal product transparency , pepp manufacturers should draw up the pepp key information document for the pepps that they manufacture before the product can be distributed to pepp savers . they should also be responsible for the accuracy of the pepp key information document . the pepp key information document should replace and adapt the key information document for packaged retail and insurance - based investment products under regulation no 1286 / 2014 of the european parliament and of the council33 which would not have to be provided for pepps . __________________ 33 regulation no 1286 / 2014 of the european parliament and of the council of 26 november 2014 on key information documents for packaged retail and insurance - based investment products , oj l 352 , 9 . 12 . 2014 , p . 1 . ### in order to ensure optimal product transparency , pepp providers should draw up the pepp key information document for the pepps that they manufacture before the product can be distributed to pepp savers . they should also be responsible for the accuracy of the pepp key information document . __________________ 33 regulation no 1286 / 2014 of the european parliament and of the council of 26 november 2014 on key information documents for packaged retail and insurance - based investment products , oj l 352 , 9 . 12 . 2014 , p . 1 .


### provision of information on portability to the national authorities ### provision of information on portability to the competent authorities


### the choice of the form of out - payments for the decumulation phase shall be exercised by pepp savers upon conclusion of a pepp contract and can be changed once every five years thereafter during the accumulation phase , if applicable . ### for the basic pepp a minimum of 35% of out - payments in the form of annuities shall be mandatory .


### the pepp saver shall be able to opt for a different investment option once every five years of accumulation in the pepp . ### the pepp saver shall be able to opt only once , no later than after six years , for a different investment option .


### where advice is provided prior to the conclusion of any specific contract , the pepp provider or distributor referred to in article 19 of this regulation shall provide the pepp saver with a personalised recommendation explaining why a particular pepp would best meet the pepp savers’s demands and needs . ### where advice is provided prior to the conclusion of any specific contract , the pepp provider or distributor shall provide the pepp saver with a personalised recommendation explaining why a particular pepp would best meet the pepp saver’s demands and needs .


### the pepp saver shall be able to opt for a different investment option once every five years of accumulation in the pepp . ### the terms for modification of the investment option shall be listed in the pepp contract .


### within two working days from receipt of the authorisation referred to in paragraph 2 , the receiving pepp provider shall request the transferring pepp provider to carry out the following tasks , if provided for in the pepp saver’s authorisation : ### within five working days from receipt of the authorisation referred to in paragraph 2 , the receiving pepp provider shall request the transferring pepp provider to carry out the following tasks , if provided for in the pepp saver’s authorisation :


### pepp providers may offer pepps with an option ensuring the coverage of the risk of biometric risks . for the purpose of this regulation , ' biometric risks ' mean risks linked to longevity , disability and death . ### without prejudice to article 5 , pepp providers may offer pepps with a supplementary option ensuring the coverage of the risk of biometric risks .


### in case of using the portability service , pepp savers are entitled to retain all advantages and incentives granted by the pepp provider and connected with continuous investment in the same pepp . ### in case of using the portability service , pepp savers are entitled to retain all advantages and incentives granted by the pepp provider and connected with continuous investment in the same pepp and shall have the right to simultaneously save in more than one compartment .


### is based on a contract between an individual saver and an entity on a voluntary basis ; ### is based on a contract between an individual saver and an entity on a voluntary and complementary basis ;


### without prejudice to the deadline under article 13 , pepp providers shall ensure that within each individual pepp account a new compartment could be opened , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp by the member state to which the pepp saver moves . ### pepp providers shall ensure that within each individual pepp account a new compartment could be opened , either by transferral or addition , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp of the member state where the compartment shall be opened .


### ' pan - european personal pension product ' means a long - term savings personal pension product , which is provided under an agreed pepp scheme by a regulated financial undertaking authorised under union law to manage collective or individual investments or savings , and subscribed to voluntarily by an individual pepp saver in view of retirement , with no or strictly limited redeemability ; ### ' pan - european personal pension product ' means a long - term savings personal pension product , which is provided under an agreed pepp scheme by a financial undertaking as listed in article 5 , authorised under union law to manage collective or individual investments or savings , and subscribed to voluntarily by an individual pepp saver in view of retirement , with no or strictly limited redeemability ;


### all contractual arrangements for providing the portability service shall be notified by the pepp provider to the respective national authority exercising prudential supervision over it . ### all contractual arrangements for providing the portability service shall be notified by the pepp provider to eiopa .


### the information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one month of opening the new compartment and shall contain at least : ### the information under paragraph 1 shall be filed electronically in a central database held with eiopa within one month of opening the new compartment . the database shall be accessible to the national competent authorities , who shall automatically receive information concerning the local compartments in the case of any changes . the database shall contain at least :


### without prejudice to the deadline under article 13 , immediately after being informed about the pepp saver ' s intention to exercise his right of mobility between member states , the pepp provider shall inform the pepp saver about the possibility to open a new compartment within the pepp saver ' s individual account and about the deadline within which such compartment could be opened . ### immediately after being informed about the pepp saver ' s intention to exercise his right of mobility between member states , the pepp provider shall inform the pepp saver about the possibility to open a new compartment within the pepp saver ' s individual account and about the deadline within which such compartment could be opened .


### although the ongoing supervision of pepp providers is to be exercised by the respective competent national authorities , eiopa should coordinate the supervision with regards to pepps , in order to guarantee the application of a unified supervisory methodology , contributing in this way to the pane - european nature of the pension product . ### although the ongoing supervision of pepp providers is to be exercised by the respective competent national authorities , eiopa should coordinate the supervision with regards to pepps , in order to guarantee the consistent application of a unified supervisory methodology , contributing in this way to the pan - european nature of the pension product .


### ' capital ' means aggregate capital contributions and uncalled committed capital , calculated on the basis of amounts investible after deduction of all fees , charges and expenses that are directly or indirectly borne by investors ; ### ' capital ' means aggregate capital contributions and uncalled committed capital , calculated on the basis of amounts investible before deduction of all fees , charges and expenses that are directly or indirectly borne by investors ;


### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing pension products and schemes , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , addressing the demographical challenge and providing a powerful new source of private capital for long - term investment . this framework will not replace or harmonise existing national personal pension schemes . ### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . this framework will not replace or harmonise existing national personal pension schemes .


### cooperating with the market surveillance authorities , at their request , on any action taken to eliminate or , if that is not possible , mitigate the risks posed by the product . ### cooperating with the market surveillance authorities , on their own initiative or at the request of those authorities , to take all the necessary immediate action to eliminate or , if that is not possible , mitigate the risks posed by the product .


### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , or the importer , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 . ### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers , distributors and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , the importer or the distributor , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 .


### market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product . ### market surveillance authorities may enter into memoranda of understanding with the customs , port and airport authorities , businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product .


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100 % above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75 % compared to the highest rate . ### within one year from the entry into force of the delegated act , member states may vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100 % above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced significantly compared to the highest rate .


### where a member state levies a toll on a vehicle , the total amount of the toll , the amount of the infrastructure charge , the amount of the external - cost charge , and the amount of the congestion charge , where applied , shall be indicated in a receipt provided to the road user , where possible by electronic means . ' ; ### where a member state levies a toll on a vehicle , the total amount of the toll , the amount of the infrastructure charge , the amount of the external - cost charge , and the amount of the congestion charge , where applied , shall be indicated in a receipt , upon request , provided to the road user , where possible by electronic means . ;


### in order to exploit potential synergies among existing road charging systems so as to reduce operating costs , the commission should be fully involved in the cooperation among member states intending to introduce common road charging schemes . ### in order to exploit potential synergies among existing road charging systems so as to reduce operating costs , a european road transport agency should be set up to coordinate measures taken by member states intending to introduce common road charging schemes .


### the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed five hours per day ; ### the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed five hours per day or the number of hours during which the ratio of congestion exceeds 100% of capacity ;


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . ### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . from . . . [ date of entry into force of this directive ] , zero - emission vehicles shall benefit from infrastructure charges reduced by 75 % compared to the highest rate . likewise , zero - emission operation shall benefit from the same reduction , provided that such operation can be proven .


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . ### within one year from the entry into force of the delegated act , member states may vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate .


### ‘ substantially amended tolling or charging arrangement’ means a tolling or charging arrangement , which has been amended in such a way that costs or revenues are affected by at least 5% in comparison with the previous year , after correcting for inflation measured by changes in the eu - wide harmonised index of consumer prices , and excluding energy and unprocessed food , as published by the commission . ### ‘ substantially amended tolling or charging arrangement’ means a tolling or charging arrangement , which has been amended in such a way that costs or revenues are affected by at least 5% in comparison with the previous year , after correcting for inflation measured by changes in the eu - wide harmonised index of consumer prices , and excluding energy and unprocessed food , as published by the commission . in concession contracts , modifications that fulfil the criteria of paragraphs 1 and 2 of article 43 of directive 2014 / 23 / eu shall not be considered substantial .


### ‘ concession contract’ means a ‘ public works contract’ as defined in article 1 of directive 2014 / 24 / eu of the european parliament and of the council** ; ### ‘ concession contract’ means a ‘ concession’ as defined in article 5 of directive 2014 / 23 / eu of the european parliament and of the council1a** ; _________________ 1a directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts .


### ‘ concession contract’ means a ‘ public works contract’ as defined in article 1 of directive 2014 / 24 / eu of the european parliament and of the council** ; ### ‘ concession contract’ means a concession as defined in article 1 of directive 2014 / 23 / eu of the european parliament and of the council** ;


### the revenue generated from the mark - up is invested in financing the construction of transport infrastructure of the core network identified in accordance with chapter iii of regulation no 1315 / 2013 , which contribute directly to the alleviation of the congestion or environmental damage and which are located in the same corridor as the road section on which the mark - up is applied ; ### the revenue generated from the mark - up is invested in financing the construction of overall transport infrastructure or other sections of the toll road network identified in accordance with chapter i of regulation no 1315 / 2013 , which contribute directly to the alleviation of the congestion or environmental damage ;


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use a part of the revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging .


### member states may maintain or introduce an external - cost charge , related to the cost of traffic - based air or noise pollution or both . ### member states may maintain or introduce an external - cost charge , related to the cost of traffic - based air or noise pollution or both , including on sections of the networks which are not subject to infrastructure charges .


### from 1 january 2021 , member states that levy tolls shall apply an external - cost charge to heavy duty vehicles on at least the part of the network referred to in article 7 where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in annex iiia . ' ; ### from 1 january 2021 , member states that levy tolls may apply an external - cost charge to heavy duty vehicles on at least the part of the network referred to in article 7 where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in annex iiia . ;


### in order to achieve smart , sustainable and inclusive growth and to stimulate job creation , the union needs an up - to - date , high - performance infrastructure to help connect and integrate the union and all its regions , in the transport , telecommunications and energy sectors . those connections should help to improve the free movement of persons , goods , capital and services . the trans - european networks should facilitate cross - border connections , foster greater economic , social and territorial cohesion and contribute to a more competitive social market economy and to combating climate change . ### in order to achieve smart , sustainable and inclusive growth and to stimulate job creation , the union needs an up - to - date , high - performance infrastructure to help connect and integrate the union and all its regions , in the transport , telecommunications and energy sectors . those connections should help to improve the free movement of persons , goods , capital and services . the trans - european networks should facilitate cross - border connections for civil and military purposes , foster greater economic , social and territorial cohesion and contribute to a more competitive social market economy and to combating climate change .


### following the joint communication on improving military mobility in the european union of november 20179 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy10 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for military transport , including necessary upgrades of existing infrastructure . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . __________________ 9 join 41 10 join 5 ### following the joint communication on improving military mobility in the european union of november 20179 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy10 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for military transport , including necessary upgrades of existing infrastructure . it is important that the timetable in the action plan is adhered to , both by the eu and by member states . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . dual - use military mobility projects financed under cef will enhance overall european security as they will not only enhance the safety of the infrastructure for citizens but will also improve the credibility of the eu ' s defence and deterrence . efficient military mobility is a crucial element for strong external borders and will help eu member states that are also nato member states to meet their article 5 commitments . __________________ 9 join 41 10 join 5


### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting transport infrastructure on the ten - t network in order to adapt it to military mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure . ### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting new and existing transport infrastructure on the ten - t network in order to adapt it to military mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure .


### in view of their potential to considerably affect the road haulage market , as well as the social protection of workers , serious infringements of union rules on the posting of workers and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute . ### in view of their potential to considerably affect the road haulage market , as well as the social protection of workers , serious infringements of union rules on the posting of workers , cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute .


### to this end , and in order to facilitate checks and to eliminate uncertainty , the limitation on the number of cabotage operations subsequent to an international carriage should be abolished , while the number of days available for such operations should be reduced . ### to this end , and in order to facilitate checks , eliminate uncertainty and take into account the fact that cabotage is not an ordinary form of haulage operation , the limitation on the number of cabotage operations subsequent to an international carriage should be maintained .


### undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing , to ensure that they have the means to carry out operations on a stable and long - lasting basis . however , since the operations concerned are generally of a limited size , the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit . ### in order to avoid distortions of competition and take account of the development of international transport activities of undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or with combinations of vehicles not exceeding that limit , they should be subject to requirements similar to those applicable to operators using vehicles or combinations of vehicles above that limit .


### national road haulage services carried out in the host member state by a non - resident haulier shall only be deemed to comply with this regulation if the haulier can produce clear evidence of the preceding international carriage . ; ### national road haulage services carried out in the host member state by a non - resident haulier shall only be deemed to comply with this regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out with a consignment note . the consignment notes should be readily available on the vehicle . each consignment note shall contain the number plates of the motor vehicle and trailer used . the consignment note may be presented electronically , using a revisable structured format which can be used directly for storage and processing by computers such as ecmr . no additional documents shall be required in order to prove that the conditions laid down in this article have been met . records shall be kept covering the previous 28 days . records should be kept at the undertaking . during a roadside check the driver shall be allowed to contact the head office of the undertaking , the transport manager or any other person or entity which may provide the consignment notes of the previous 28 days .


### ' law enforcement officers ' means officers of police , customs and of other relevant services , including union bodies , responsible for preventing and combating serious crime affecting two or more member states , terrorism and forms of crime that affect a common interest covered by a union policy and for crisis management and international policing of major events . ### ' law enforcement officials ' means officers of police , customs and of other relevant services , responsible for preventing and combating serious crime affecting two or more member states , terrorism and forms of crime that affect a common interest covered by a union policy , public order , crisis management and international policing of major events , including employees or experts of union institutions , bodies , offices and departments whose competences are related to those tasks .


### common curricula to raise awareness , address gaps and / or facilitate a common approach in relation to cross - border criminal phenomena ; ### common curricula to raise awareness and knowledge , address gaps and / or facilitate a common approach in relation to cross - border criminal phenomena , in particular with regard to cybercrime , financial investigation , and participation in union missions ;


### member states shall set up a national strategy for the implementation of the reduction of biodegradable waste going to landfills , not later than two years after the date laid down in article 18 and notify the commission of this strategy . this strategy should include measures to achieve the targets set out in paragraph 2 by means of in particular , recycling , composting , biogas production or materials / energy recovery . within 30 months of the date laid down in article 18 the commission shall provide the european parliament and the council with a report drawing together the national strategies . ### paragraph 1 is replaced by the following : member states shall set up a national strategy for the implementation of the accelerated reduction of biodegradable waste going to landfills , not later than two years after the date laid down in article 18 and notify the commission of this strategy . this strategy should include measures to achieve the targets set out in paragraph 2 by means of in particular , recycling , composting , biogas production or materials / energy recovery . within 30 months of the date laid down in article 18 the commission shall provide the european parliament and the council with a report drawing together the national strategies .


### many member states have not yet completely developed the necessary waste management infrastructure . the setting of landfill reduction targets will further facilitate separate collection , sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy . ### many member states have not yet completely developed the necessary waste management infrastructure . the setting of landfill reduction targets will require investments to facilitate separate collection , sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy .


### in order to ensure better , timelier , and more uniform implementation of this directive and anticipate implementation weaknesses , an early warning system should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets . ### in order to ensure better , timelier , and more uniform implementation of this directive and anticipate implementation weaknesses , an early warning system should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets and the exchange of best practice among the various stakeholders should be promoted .