### in defining the principles for setting ex - ante benchmarks in individual sectors or subsectors , the starting point shall be the average performance of the 10 % most efficient installations in a sector or subsector in the community in the years 2007 - 2008 . the commission shall consult the relevant stakeholders , including the sectors and subsectors concerned . the regulations pursuant to articles 14 and 15 shall provide for harmonised rules on monitoring , reporting and verification of production - related greenhouse gas emissions with a view to determining the ex - ante benchmarks . ### paragraph 2 is amended as follows : in defining the principles for setting ex - ante benchmarks in individual sectors or subsectors , the starting point shall be the average performance of the 10 % most efficient installations in a sector or subsector in the community in the years 2007 - 2008 . the commission shall consult the relevant stakeholders , including the sectors and subsectors concerned . free allocation shall only be given to sectors and subsectors for which data is provided in accordance with harmonised established methodology , in order to ensure equality and transparency . ' the regulations pursuant to articles 14 and 15 shall provide for harmonised rules on monitoring , reporting and verification of production - related greenhouse gas emissions with a view to determining the ex - ante benchmarks , taking into account the long term emissions reduction potential in view of achieving the union ' s long term climate goals .


### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases , together with 250 million allowances placed in the market stability reserve pursuant to article 1 of decision 2015 / … of the european parliament and of the council . ### 3% of the community wide quantity of allowances issued in accordance with articles 9 and 9a over the period from 2021 to 2030 shall be set aside for new entrants and significant production increases .


### from 2021 , allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the reserve . ### from 2021 , allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the market stability reserve .


### measures to support certain energy - intensive industries in the event of carbon leakage ### transitional measures to support certain energy - intensive industries in the event of carbon leakage


### an assessment of the added value in terms of energy efficiency or modernisation of the energy system achieved through the investment ; ### an assessment of the added value in terms of energy efficiency , emission reductions , or modernisation of the energy system achieved through the investment ;


### increases in the percentage of allowances to be auctioned by member states pursuant to article 10 for the purpose of solidarity and growth in order to reduce emissions and adapt to the effects of climate change ### distribution of additional funds in the modernisation fund up to 31 december 2030 , resulting from adding 10% of the total quantity of allowances to be auctioned as set out in article 10 point .


### 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 .


### “msy btrigger” means the spawning stock biomass reference point below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing msy in the long term . ### “msy btrigger” means the spawning stock biomass reference point below which additional specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing msy in the long term .


### the plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield . ### the plan shall achieve the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield . the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and , on a progressive , incremental basis at the latest by 2020 for all stocks , and shall be maintained thereafter .


### in accordance with article 16 of regulation no 1380 / 2013 , fishing opportunities shall comply with the target fishing mortality ranges set out in annex i , column a to this regulation . ### in accordance with article 16 of regulation no 1380 / 2013 , fishing opportunities shall comply with the target fishing mortality ranges set out in annex i to this regulation .


### notwithstanding paragraphs 1 and 2 , fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in annex i , column a . ### notwithstanding paragraphs 1 and 2 , fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in annex i .


### 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 :


### exemptions from the application of the landing obligation for species for which scientific evidence demonstrates high survival rates , taking into account the characteristics of the gear , of the fishing practices and of the ecosystem , to facilitate the implementation of the landing obligation ; and ### exemptions from the application of the landing obligation for species for which the best available scientific advice demonstrates high survival rates , taking into account the characteristics of the gear , of the fishing practices and of the ecosystem , to facilitate the implementation of the landing obligation ; and


### the combustion of fuel in small combustion plants and appliances can be covered by acts implementing directive 2009 / 125 / ec of the european parliament and of the council of 21 october 2009 establishing a framework for the setting of ecodesign requirements for energy - related products15 . combustion of fuel in large combustion plants is covered by directive 2010 / 75 / eu of the european parliament and of the council16 from 7 january 2013 , while directive 2001 / 80 / ec of the european parliament and of the council17 continues to apply to large combustion plants covered by article 30 of directive 2010 / 75 / eu until 31 december 2015 . __________________ 15 directive 2009 / 125 / ec of the european parliament and of the council of 21 october 2009 establishing a framework for the setting of ecodesign requirements for energy - related products . 16 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions . 17 directive 2001 / 80 / ec of the european parliament and of the council of 23 october 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants . ### the combustion of fuel in small combustion plants and appliances can be covered by acts implementing directive 2009 / 125 / ec of the european parliament and of the council15 . further measures are however needed under directive 2009 / 125 / ec in order to cover the remaining legislative gap . combustion of fuel in large combustion plants is covered by directive 2010 / 75 / eu of the european parliament and of the council16 from 7 january 2013 , while directive 2001 / 80 / ec of the european parliament and of the council17 continues to apply to large combustion plants covered by article 30 of directive 2010 / 75 / eu until 31 december 2015 . __________________ 15 directive 2009 / 125 / ec of the european parliament and of the council of 21 october 2009 establishing a framework for the setting of ecodesign requirements for energy - related products . 16 directive 2010 / 75 / eu of the european parliament and of the council of 24 november 2010 on industrial emissions . 17 directive 2001 / 80 / ec of the european parliament and of the council of 23 october 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants .


### 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 .


### combustion plants in which the gaseus products of combustion are used for the direct heating , drying or any other treatment of objects or materials ; ### combustion plants in which the products of combustion are used for the direct heating , drying or any other treatment of objects or materials , such as melting furnaces , reheating furnaces , furnaces for heat treatment ;


### ’particulate matter’ means particles , of any shape , structure or density , dispersed in the gas phase at the sampling point conditions which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed , and which remain upstream of the filter and on the filter after drying under specified conditions ; ### ’dust’ means particles , of any shape , structure or density , dispersed in the gas phase at the sampling point conditions which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed , and which remain upstream of the filter and on the filter after drying under specified conditions


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


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


### 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 union air quality limit values laid down in directive 2008 / 50 / ec , member states may apply , for individual medium combustion plants in those zones , emission limit values based on the benchmark values laid down in annex iii or on stricter values established by the member states , unless applying such emission limit values would entail disproportionate costs and that other measures ensuring compliance with the air quality limit values have been included in the air quality plans required under article 23 of directive 2008 / 50 / ec .


### 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 .


### member states should be allowed to take measures , in accordance with national law , in cases of genuine suspicion of fraud , which could require , not systematically but on a case - by - case basis , a physical presence of the applicant or their representative before any authority of a member state where the company or branch is to be registered . such genuine suspicion of fraud should be based on reasonable grounds , such as , on the basis of information available from the registers of beneficial owners , from criminal records or from indications of identity fraud or tax evasion . ### member states should be allowed to take measures , in accordance with national law , in cases of genuine suspicion of fraud , which could require , exceptionally and on a case - by - case basis , a physical presence of the applicant or their representative before any authority of a member state where the company or branch is to be registered . such genuine suspicion of fraud should be based on reasonable grounds , such as , on the basis of information available from the registers of beneficial owners , from criminal records or from indications of identity fraud or tax evasion .


### “template” means a model for the instrument of constitution of a company which is drawn up by member states in compliance with national law and is used for the online registration of a company ; ### “template” means a harmonised model for the instrument of constitution of a company which is drawn up by the commission in compliance with national laws , as communicated by the member states , and is used for the online registration of a company ;


### member states shall lay down detailed rules for the online registration of companies , including rules on the use of templates , as referred to in article 13g and the documents and information required for registering a company . as part of these rules member states shall ensure that the online registration may be carried out by submitting information or documents in the electronic form , including electronic copies of the documents and information referred to in article 16a . ### member states shall lay down detailed rules for the online registration of companies , including rules on the use of the european templates for online registration of a company , as referred to in article 13g and the documents and information required for registering a company . as part of these rules member states shall ensure that the online registration may be carried out by submitting information or documents in the electronic form , including electronic copies of the documents and information referred to in article 16a .


### this directive should create a legal framework to ensure the freedom to provide electronic communications networks and services , subject only to the conditions laid down in this directive and to any restrictions in conformity with article 52 of the treaty , in particular measures regarding public policy , public security and public health . ### this directive should create a legal framework to ensure the freedom to provide electronic communications networks and services , subject only to the conditions laid down in this directive and to any restrictions in conformity with article 52 of the treaty , in particular measures regarding public policy , public security and public health , and with article 52 of the charter of fundamental rights of the european union .


### 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 .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1 ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users and their rights are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from the perspective of end - users and the protection of their rights it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services regardless of their place of residence within the union . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu .


### - measures taken at union or national level , in compliance with union law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy ### - measures taken at union or national level , in compliance with union law , to pursue general interest objectives , in particular relating to the protection of personal data and privacy , content regulation and audio - visual policy


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ;


### ‘ security’ of networks and services means the ability of electronic communications networks and services to resist , at a given level of confidence , any action that compromises the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the related services offered by , or accessible via , those networks or services . ### ‘ security’ of networks and services means the technical and structural ability of electronic communications networks and services to resist , at a given level of confidence , any action that compromises the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the related services offered by , or accessible via , those networks or services .


### member states shall cooperate with each other and with the commission in the strategic planning , coordination and harmonisation of the use of radio spectrum in the union . to this end , they shall take into consideration , inter alia , the economic , safety , health , public interest , public security and defence , freedom of expression , cultural , scientific , social and technical aspects of eu policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference . ### member states shall cooperate with each other and with the commission in the strategic planning , coordination and harmonisation of the use of radio spectrum in the union . to this end , they shall take into consideration , inter alia , the economic , safety , health , public interest , public security and defence , data protection and privacy , freedom of expression , cultural , scientific , social and technical aspects of eu policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference .


### the head of a national regulatory authority , or , where applicable , the members of the collegiate body fulfilling that function within a national regulatory authority or their replacements , shall be appointed for a term of office of at least four years from among persons of recognised standing and professional experience , on the basis of merit , skills , knowledge and experience and following an open selection procedure . they shall not be allowed to serve more than two terms , either consecutive or not . member states shall ensure continuity of decision - making by providing for an appropriate rotation scheme for the members of the collegiate body or the top management , such as by appointing the first members of the collegiate body for different periods , in order for their mandates , as well as that of their successors not to elapse at the same moment . ### the head of a national regulatory authority , or , where applicable , the members of the collegiate body fulfilling that function within a national regulatory authority or their replacements , shall be appointed for a term of office of at least four years from among persons of recognised standing and professional experience , on the basis of merit , skills , knowledge and experience and following an open and transparent selection procedure . they shall not be allowed to serve more than two terms , either consecutive or not . member states shall ensure continuity of decision - making by providing for an appropriate rotation scheme for the members of the collegiate body or the top management , such as by appointing the first members of the collegiate body for different periods , in order for their mandates , as well as that of their successors not to elapse at the same moment .


### national regulatory authorities , other competent authorities under this directive , and national competition authorities shall provide each other with the information necessary for the application of the provisions of this directive . in respect of the information exchanged , the receiving authority shall ensure the same level of confidentiality as the originating authority . ### national regulatory authorities , other competent authorities under this directive , and national competition authorities shall provide each other with the information necessary for the application of the provisions of this directive . in respect of the information exchanged , union data protection rules shall apply , and the receiving authority shall ensure the same level of confidentiality as the originating authority .


### member states shall ensure the freedom to provide electronic communications networks and services , subject to the conditions set out in this directive . to this end , member states shall not prevent an undertaking from providing electronic communications networks or services , except where this is necessary for the reasons set out in article 52 of the treaty . any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned and shall be notified to the commission . ### member states shall ensure the freedom to provide electronic communications networks and services , subject to the conditions set out in this directive . to this end , member states shall not prevent an undertaking from providing electronic communications networks or services , except where this is necessary for the reasons set out in article 52 of the treaty . any such limitation to the freedom to provide electronic communications networks and services shall 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 and notified to the commission .


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


### 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 . ### in order to allow a smooth transition for pepp providers , the obligation of providing pepps comprising compartments for each member state will apply five years after the entry into force of this regulation . pepp providers should be able to enter into compartment partnerships if they are to fulfil this requirement . however , upon launching a pepp , the provider should provide , in the contract , information on which national compartments are immediately available , in order to avoid a possible misleading of consumers . where portability is not yet available , the pepp saver should be allowed to switch free of charge to ensure portability .


### in view of the long - term retirement objective of the pepp , the investment options granted to the pepp savers should be framed , covering the elements which allow investors to make an investment decision , including the number of investment options they can choose from . after the initial choice made upon the subscription of a pepp , the pepp saver should have the possibility to modify this choice at reasonable intervals , so that sufficient stability is offered to providers for their long - term investment strategy whilst at the same time investor protection is ensured . ### in view of the long - term retirement objective of the pepp , the investment options granted to the pepp savers should be framed , covering the elements which allow investors to make an investment decision .


### ' 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 ;


### “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 ;


### 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 its pepp .


### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on which national compartments are immediately available . ### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on which national compartments are immediately available , either from the pepp provider or from a registered partner .


### 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 .


### a breakdown of the costs deducted by the pepp provider at least over the last 12 months , indicating the costs of administration , costs of safekeeping of assets , costs related to portfolio transactions and other costs , as well as an estimation of the impact of the costs on the final benefits . ### information on the accrued pension entitlements or accumulated pension capital taking into consideration the specific nature of the pepp scheme ;


### 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 .


### to ensure the reliability and consistency of testing across the union in the market surveillance framework , the commission should designate union testing facilities . furthermore , a more comprehensive information system should be developed for sharing test results within the union in order to avoid unnecessary duplication and to ensure greater consistency at union level . ### to ensure the reliability and consistency of testing across the union in the market surveillance framework , the commission should designate union testing facilities . the market surveillance authorities should take full account of the results of tests carried out by these union testing facilities . furthermore , a more comprehensive information system should be developed for sharing test results within the union in order to avoid unnecessary duplication and to ensure greater consistency at union level .


### this regulation applies to all products that are subject to the union harmonisation legislation set out in the annex to this regulation . ### this regulation applies : from 1 january 2021 to 31 december 2024 , to products subject to legislation requiring a declaration of conformity and which have been aligned with decision 768 / 2008 ; from 1 january2025 , to other products covered by union harmonisation legislation as set out in delegated acts pursuant to this regulation . no later than 1 january 2023 , the commission shall review the scope of this regulation and shall present a report thereon to the european parliament and to the council . that report shall be accompanied by a legislative proposal pursuant to point , if appropriate .


### the identity and contact details of the manufacturer , importer or other person meeting the requirements of point are publicly available in accordance with paragraph 4 and are indicated or identifiable in accordance with paragraph 5 . ### the identity and contact details of the manufacturer , importer , distributor or other person meeting the requirements of point are publicly available in accordance with paragraph 4 and are indicated or identifiable in accordance with paragraph 5 .


### where union harmonisation legislation provides for the drawing up of an eu declaration of conformity , manufacturers shall make the declaration publicly available on their website or , in the absence of a website , by any other means that allows the declaration to be readily accessed by the general public in the union free of charge . ### where union harmonisation legislation provides for the drawing up of an eu declaration of conformity , manufacturers shall make the declaration available free of charge .


### any exchange of information between market surveillance authorities and businesses or organisations referred to in paragraph 1 for the purposes of preparing or implementing a memorandum of understanding entered into by them under that paragraph shall be deemed not to infringe the requirements of professional secrecy . ### any exchange of information between market surveillance authorities , the commission , or the eu product compliance board and businesses or organisations referred to in paragraph 1 for the purposes of preparing or implementing a memorandum of understanding entered into by them under that paragraph shall be treated in accordance with the requirements of professional secrecy . any further use of that information shall be subject to the strictest guarantees of confidentiality and of professional and commercial secrecy .


### market surveillance authorities shall publish any commitments given to them by economic operators , details of any corrective action taken by economic operators in their territory , and details of any temporary measures taken by the relevant market surveillance authority pursuant to this regulation . ### market surveillance authorities shall publish any commitments given to them by economic operators , details of any corrective action taken by economic operators in their territory , and details of any temporary measures taken by the relevant market surveillance authority pursuant to this regulation , subject to the strictest guarantees of confidentiality and of professional and commercial secrecy .


### market surveillance authorities shall observe the principle of confidentiality where necessary in order to protect professional and commercial secrets or to preserve personal data pursuant to national legislation , subject to the requirement that information be made public to the fullest extent possible in order to protect the interests of end - users in the union . ### market surveillance authorities shall ensure the strictest guarantees of confidentiality and of professional and commercial secrecy and shall preserve personal data pursuant to national legislation , subject to the requirement that information be made public to the fullest extent possible in order to protect the interests of end - users in the union .


### the commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations . ### the commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations , subject to the strictest guarantees of confidentiality and of professional and commercial secrecy .


### such discounts or reductions do not exceed 13 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction . ' ; ### such discounts or reductions do not exceed 13 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction . ; in the case of private vehicles used for a daily commute , such discounts or reductions may reach 50 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction . ;


### such discounts or reductions do not exceed 13 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction . ; ### such discounts or reductions do not exceed 20 % of the infrastructure charge paid which includes equivalent vehicles not eligible for the discount or reduction and those used for local and / or habitual transport . ;


### subject to the conditions provided for in article 7g and , toll rates may for specific projects of high european interest identified in annex i to regulation no 1315 / 2013 , be subject to other forms of variation in order to secure the commercial viability of such projects where they are exposed to direct competition with other modes of transport . the resulting charging structure shall be linear , proportionate , made public , and available to all users on equal terms and shall not lead to additional costs being passed on to other users in the form of higher tolls . ' ; ### subject to the conditions provided for in article 7g and , toll rates may for specific projects of high european interest identified in annex i to regulation no 1315 / 2013 , be subject to other forms of variation in order to secure the commercial viability of such projects where they are exposed to direct competition with other modes of transport . the resulting charging structure shall be made public and available to all users on equal terms ;


### ' to that end , member states shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day , at least at major sales outlets , using common means of payment , inside and outside the member states in which they are applied . ' ; ### ' to that end , member states shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day , at least at major sales outlets , with the option of a receipt , using common or electronic means of payment , inside and outside the member states in which they are applied . ' ;


### without prejudice to articles 107 and 108 of the treaty on the functioning of the european union , this directive does not affect the freedom of member states which introduce a system of tolls to provide for appropriate compensation . ' ; ### without prejudice to articles 107 and 108 of the treaty on the functioning of the european union , this directive does not affect the freedom of member states which introduce a system of tolls to provide for appropriate compensation provided that they do not distort or have a negative impact on local and / or habitual haulers . ;


### revenues generated from congestion charges , or the equivalent in financial value of these revenues , shall be used to address the problem of congestion , in particular by : ### revenues generated from congestion charges , or the equivalent in financial value of these revenues can be used to address the problem of congestion , for example by :


### 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


### as regards the amounts transferred from the cohesion fund , 30% of these amounts shall be made available immediately to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation , with priority to cross - border and missing links . until 31 december 2023 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund with regard to 70% of the resources transferred . as of 1 january 2024 , resources transferred to the programme which have not been committed to a transport infrastructure project shall be made available to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation . ### as regards the amounts transferred from the cohesion fund , 50% of these amounts shall be made available immediately to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation , with priority to cross - border and missing links . until 31 december 2023 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund with regard to 50% of the resources transferred . as of 1 january 2024 , resources transferred to the programme which have not been committed to a transport infrastructure project shall be made available to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation .


### other third countries , in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any union programme , provided that the agreement : ### other third countries , including strategic military partner countries , in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any union programme , provided that the agreement :


### studies aiming at the development and identification of projects of common interest in the area of digital connectivity infrastructure shall be eligible for funding under this regulation . ### studies aiming at the development and identification of projects of common interest , including military interest , in the area of digital connectivity infrastructure shall be eligible for funding under this regulation .


### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 50 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation and for actions located in outermost regions ; ### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 65 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation and for actions located in outermost regions ; the co - funding rates may be increased to a maximum of 65% for the specific objective referred to in article 3 in case of member states benefitting from the transfer from the cohesion fund ;


### the grant agreement may be terminated on the basis of the grounds specified in paragraph 1 . ### the grant agreement may be terminated on the basis of the grounds specified in paragraph 1 . in such case , the commission will make the unused funds available to other projects without delay .


### . ### article 9 - paragraph 1 - point f is added : ' the application of the rules deriving from the directive of the european parliament and of the council amending directive 2006 / 22 / ec as regards enforcement requirements and laying down specific rules with respect to directive 96 / 71 / ec and directive 2014 / 67 / eu for posting drivers in the road transport sector ; '


### 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 terrorism , cybercrime , financial investigation , and participation in union missions ;


### cepol shall contribute to the development of research relevant for training activities covered by this regulation particularly with regard to the fight against serious crime and more general cross border criminal matters in training activities . ### cepol shall contribute to the development of research relevant for training activities covered by this regulation particularly with regard to fundamental rights , the fight against serious crime and more general cross border criminal matters in training activities .


### no later than 5 years after the date referred to in article 43 and every 5 years thereafter , the commission shall commission an evaluation to assess particularly the impact , effectiveness and efficiency of cepol and its working practices . the evaluation shall , in particular , address the possible need to modify the mandate of cepol , and the financial implications of any such modification . ### no later than 3 years after the date of application of this regulation and every 5 years thereafter , the commission shall commission an evaluation to assess particularly the impact , effectiveness and efficiency of cepol and its working practices . the evaluation shall , in particular , address the possible need to modify the mandate of cepol , and the financial implications of any such modification .


### biodegradable municipal waste accounts for a large proportion of municipal waste . landfilling of untreated biodegradable waste poses significant negative enviornmental effects in terms of greenhouse gas emissions and pollution of surface water , groundwater , soil and air . while directive 1999 / 31 / ec already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste that has been separately collected in accordance with article 22 of directive 2008 / 98 / ec . ### biodegradable municipal waste accounts for a large proportion of municipal waste . landfilling of untreated biodegradable waste poses significant negative environmental effects in terms of greenhouse gas emissions and pollution of surface water , groundwater , soil and air . while directive 1999 / 31 / ec already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste , which should be separately collected in accordance with article 22 of directive 2008 / 98 / ec . the commission and the member states should encourage the use of alternative measures for the sustainable treatment of biodegradable waste in line with new technologies and techniques such as worm composting or bio - digestion .


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


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by establishing a harmonised methodology for data collection and processing and by introducing a single entry point for all waste data , which should be eurostat , and by deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report , which should be based on a harmonised format . reliable reporting of comparable statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 1999 / 31 / ec , member states should use the most recent methodology developed by the commission and the national statistical offices of the member states .


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be economically and technically viable and offer significant potential for creating jobs . the level of risk entailed by those investments should be appropriate to the achievement of the fund’s objectives , in particular as regards job creation , provided that the particular requirements for efsi financing are met .


### in order to allow for further increase in its resources , participation in the efsi should be open to third parties , including member states , national promotional banks or public agencies owned or controlled by member states , private sector entities and entities outside the union subject to the consent of existing contributors . third parties may contribute directly to the efsi and take part in the efsi governance structure . ### in order to allow for further increase in its resources , participation in the efsi should be open to third parties , including member states , national promotional banks or public agencies owned or controlled by member states , private sector entities and entities outside the union subject to the consent of existing contributors . third parties may contribute directly to the efsi and take part in the efsi governance structure , on condition that europe’s overall interests are upheld in decision - making and the definition of policies and strategies .


### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of sustainability . ### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact , notably as regards their social and economic impact , paying particular attention to job creation , and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of sustainability .


### to ensure accountability to european citizens , the eib should regularly report to the european parliament and the council on the progress and impact of the efsi . ### to ensure accountability to european citizens , the eib should regularly report to the european parliament and the council on the progress and real social and economic impact of the efsi , paying particular attention to job creation .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure increased and more accessible financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi is to be governed by a steering board , which is to determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 , subject to the prior approval of the criteria by the european parliament . in determining the investment policy of the efsi , the steering board shall take into consideration the socioeconomic indicators of european areas affected by large pockets of unemployment . the steering board shall elect one of its members to be chairperson .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be able to identify those projects which are more likely to be able to solve major social and economic problems . the experts shall be appointed by the steering board for a renewable fixed term of one year .


### at the latest [ po insert date three years after the entry into force of this regulation ] , the commission shall submit a report to the european parliament and the council on the application of this regulation accompanied by any relevant proposal . ### at the latest [ po insert date three years after the entry into force of this regulation ] , the commission shall submit to the european parliament and the council a comprehensive quality assessment to evaluate the true socio - economic effect of this special strategic plan on the application of this regulation accompanied by any relevant proposal


### control at external borders remains one of the main safeguards of the area without controls at internal borders . it is carried out in the interest of all member states . one of the purposes of such controls is to prevent any threat to the member states ' internal security and public policy , irrespectively of the origin of such threat . ### control at external borders remains one of the main safeguards of the schengen area without controls at internal borders . it is carried out in the interest of all the member states which have abolished internal border controls . the purposes of such controls notably include helping to combat illegal immigration and trafficking in human beings , and preventing any threat to the member states ' public policy , public health , international relations and internal security , irrespectively of the origin of such threat .


### control at external borders remains one of the main safeguards of the area without controls at internal borders . it is carried out in the interest of all member states . one of the purposes of such controls is to prevent any threat to the member states ' internal security and public policy , irrespectively of the origin of such threat . ### the control of external borders is the most efficient way to guarantee the sustainability of the area without controls at internal borders . it is carried out in the interest of all member states . one of the purposes of such controls is to prevent any threat to the member states ' internal security and public policy , irrespectively of the origin of such threat .


### the documents of persons enjoying the right of free movement under union law should therefore be checked systematically against relevant databases related to stolen , misappropriated , lost and invalidated travel documents in order to avoid that persons hide their real identity . ### the documents of persons enjoying the right of free movement under union law should therefore be checked systematically against relevant databases related to stolen , misappropriated , lost and invalidated travel documents in order to avoid that persons hide their real identity . to that end , the member states must ensure that there is an electronic connection to interpol ' s stolen and lost travel documents database at external border crossing points .


### border guards should for the same reason also systematically check persons enjoying the right of free movement under union law against relevant national and european databases in order to ensure that they do not represent a threat to internal security or public policy . ### border guards should for the same reason also systematically check persons enjoying the right of free movement under union law against relevant national and european databases in order to ensure that they do not represent a threat to internal security or public policy . to that end , the member states should ensure that their border guards have access to the relevant national and european data banks , including the schengen information system and the europol information system .


### verification that a person enjoying the right of free movement under union law is not considered to be a threat to the internal security , public policy , international relations of any of the member states or to public health , including by consulting the relevant union and national databases , in particular the schengen information system . ### verification that a person enjoying the right of free movement under union law is not considered to be a threat to the internal security , public policy , international relations of any of the member states or to public health , by consulting the schengen information system .


### where , at external land and sea borders , the checks referred to in points a ) and b ) of the first subparagraph would have a disproportionate impact on the flow of traffic , member states may carry out those checks on a targeted basis based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health . ### member states shall carry out checks either on a targeted or a systematic basis , depending on the results of a mandatory assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health , and the impact on the flow of traffic .


### each member state shall transmit its risk assessment to the agency for the management of operational cooperation at the external borders of the member states of the european union established by regulation no 2007 / 2004 and report every three months to the commission and to that agency on the application of the checks carried out on a targeted basis . ### each member state shall transmit its security risk and traffic flow assessment to the agency for the management of operational cooperation at the external borders of the member states of the european union established by regulation no 2007 / 2004 and report every three months to the commission and to that agency on the application of the checks carried out on a targeted or systematic basis . the agency for the management of operational cooperation at the external borders of the member states of the european union and the commission shall transmit their respective evaluations of a member state ' s initial assessment and subsequent reports to all member states , indicating whether or not they deem the member state concerned to have conducted an appropriate security risk and traffic flow analysis , and whether or not the member state concerned has appropriately decided to apply targeted or systematic checks on the basis of that analysis .


### at its annual sessions in 2011 and 2012 , the gfcm adopted measures for the sustainable exploitation of red coral in its area of competence to be implemented in union law . one of those measures concerns the use of remotely operated under - water vehicles . the gfcm decided that rovs in zones under national jurisdiction exclusively for observation and prospection of red coral on the basis of recommendation gfcm / 35 / 2011 / 2 , are no longer to be allowed after 2014 . according to another measure laid down in recommendation gfcm / 36 / 2012 / 1 , red coral catches are to be landed only in a limited number of ports with adequate port facilities and the lists of designated ports are to be communicated to the gfcm secretariat . any changes affecting the lists of ports designated by member states should be communicated to the european commission for further transmission to the gfcm secretariat . ### at its annual sessions in 2011 and 2012 , the gfcm adopted measures for the sustainable exploitation of red coral in its area of competence to be implemented in union law . one of those measures concerns the use of remotely operated under - water vehicles . the gfcm decided that rovs in zones under national jurisdiction exclusively for observation and prospection of red coral on the basis of recommendation gfcm / 35 / 2011 / 2 , are no longer to be allowed after 2014 . authorisation may be granted for the use of rovs up to the end of 2015 for scientific experimental campaigns , provided there are no scientific opinions that indicate they should not be used . according to another measure laid down in recommendation gfcm / 36 / 2012 / 1 , red coral catches are to be landed only in a limited number of ports with adequate port facilities and the lists of designated ports are to be communicated to the gfcm secretariat . any changes affecting the lists of ports designated by member states should be communicated to the european commission for further transmission to the gfcm secretariat .


### in order to ensure that the union continues to fulfil its obligations under the gfcm agreement , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission concerning authorisations to derogate from the prohibition to harvest red coral at depths less than 50 m and to depart from the minimum basal diameter of red coral colonies . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to ensure that the union continues to fulfil its obligations under the gfcm agreement , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission concerning authorisations to derogate from the prohibition to harvest red coral at depths less than 50 m and to depart from the minimum basal diameter of red coral colonies . the commission shall , in this regard , take into account the efforts made by member states which have responded to the gfcm’s recommendation and developed suitable national management plans . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the procedure for taking fingerprints and a facial image should take into account the specific needs of children and be applied in accordance with the safeguards laid down in article 24 the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking fingerprints and a facial image should pursue a strictly limited objective , take into account the specific needs of children and vulnerable persons , be implemented by qualified staff , under the regular supervision of the commission as well as of a supervisory authority and be applied in accordance with the safeguards laid down in article 24 the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child .


### introducing minimum security and format standards of identity cards should allow member states to rely on the authenticity of those documents when eu citizens exercise their free movement rights . while the possibility to provide for additional national features is maintained , it should be ensured that those features do not diminish the efficiency of the common security features or negatively affect the cross - border interoperability of the identity cards , such as the possibility that the identity cards can be read by machines used by member states other than those of issue . ### introducing minimum security and format standards of identity cards should allow member states to rely on the authenticity of those documents when eu citizens exercise their free movement rights . identity cards issued by the member states should be mutually recognised as both identity and travel documents . while the possibility to provide for additional national features is maintained , it should be ensured that those features do not diminish the efficiency of the common security features or negatively affect the cross - border interoperability of the identity cards , such as the possibility that the identity cards can be read by machines used by member states other than those of issue .


### it is necessary to specify in this regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents . in accordance with their national legislation or union law , member states may store other data on a storage medium for electronic services or other purposes relating to the identity card or residence document . the processing of such data including their collection and the purposes for which they can be used should be authorised by national or union law . all national data should be physically or logically separated from biometric data referred to in this regulation . ### it is necessary to specify in this regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents . in accordance with their national legislation or union law , member states may store other data on a storage medium for electronic services or other purposes relating to the identity card or residence document . this storage medium could contain information for emergency services , such as the blood group , known allergies , a contact person and could indicate the willingness or otherwise of the person to be an organ donor . the processing of such data including their collection and the purposes for which they can be used should be authorised by national or union law . all national data should be physically separated from biometric data referred to in this regulation .


### the commission should report on the implementation of this regulation after three years after its date of application , including on the appropriateness of the level of security . in accordance with paragraphs 22 and 23 of the interinstitutional agreement on better law - making41 the commission should carry out an evaluation of this regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the regulation and the need for any further action . __________________ 41 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### the commission should report on the implementation of this regulation for the first time after two years from its date of application and thereafter , every five years , including on the appropriateness of the level of security and on whether the implementation is compliant with the data collection purposes . in accordance with paragraphs 22 and 23 of the interinstitutional agreement on better law - making41 the commission should carry out an evaluation of this regulation six years from its date of application on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the regulation and the need for any further action . these evaluations should particularly focus on the impact of this regulation on fundamental rights , on the efficiency and improvement of the mobility of the union citizens and on levels of security . __________________ 41 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### this regulation strengthens the security standards applicable to identity cards issued by member states to their nationals and to residence documents issued by member states to union citizens and their family members when exercising their right to free movement . ### this regulation strengthens the security standards applicable to identity cards issued by member states to their nationals and to residence documents issued by member states to union citizens and their family members in order to facilitate the exercise of their right to freedom of movement within the union .


### identity cards issued by member states shall be produced in id - 1 format and shall comply with the minimum security standards set out in icao document 9303 . ### where member states issue identity cards having a validity period of more than 3 months , these shall be produced in id - 1 format and shall comply with the relevant minimum standards set out in icao document 9303 , as set out in annex i to this regulation .


### member states may enter details and observations for national use as required in the light of their national provisions . ### member states may enter details and observations for national use as required in the light of their national provisions . the effectiveness of minimum security standards and the cross - border interoperability of identity cards shall not be diminished .


### identity cards which do not meet the requirements of article 3 shall cease to be valid at their expiry or by five years after [ the date of application of the regulation ] , whichever is earlier . however , identity cards which do not include a functional machine - readable zone compliant with icao document 9303 part 3 shall cease to be valid at their expiry or by two years after [ the date of application of this regulation ] , whichever is earlier . ### except for those issued to persons under 12 of age or persons who are 70 years of age or over , identity cards which do not meet the requirements of article 3 shall cease to be valid at their expiry or by five years after [ the date of application of the regulation ] , whichever is earlier . however , identity cards which do not include a functional machine - readable zone compliant with icao document 9303 part 3 or which do not contain any of the two biometric data set out in article 3 shall cease to be valid at their expiry or by two years after [ the date of application of this regulation ] , whichever is earlier .


### residence documents issued by member states to citizens of the union shall indicate at least the following : ### residence documents issued by member states to citizens of the union are blue in colour and shall indicate , in the same order as provided for in international civil aviation organization document 93031a for national identity cards , at least the following : ______________ 1a machine readable travel documents .


### the title of the document in the official language or languages of the member state concerned and at least one other official language of the institutions of the union ; ### the title of the document , ' eu mobile citizen ' , also translated in the official language or languages of the member state concerned ;


### protection of personal data ### fundamental rights and protection of personal data


### without prejudice to the application of regulation 2016 / 679 , persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification or erasure . ### regulation 2016 / 679 shall apply to the processing of personal data under this regulation . persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification of inaccurate data or erasure and to receive a new document . the rights to access , rectification , completion , erasure and restriction of the processing , of the persons whose data are contained in the documents shall be exercised in accordance with chapter iii of regulation no . 2016 / 679 before the national authority responsible for issuing the documents . those rights shall be exercised in respect of the national authority responsible for issuing these documents .


### biometric data collected and stored in the storage medium of identity cards and residence documents shall only be used in accordance with union and national law for verifying : ### biometric data stored in the storage medium of identity cards and residence documents shall only be used in accordance with union and national law , by duly authorised staff of competent national authorities and eu agencies , for the purpose of verifying :


### four years after its date of application , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this regulation . ### two years from the date of application of this regulation and every five years thereafter , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this regulation , in particular on its compliance with fundamental rights , whether the implementation is compliant with the data collection purposes listed in article10 and on the appropriateness of the level of security .


### member states shall provide the commission with the information necessary for the preparation of the reports . ### member states and eu agencies shall provide the commission with the information necessary for the preparation of the reports .


### the european border and coast guard agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions . to this end , when launching rapid border interventions at the request of a member state or in the context of a situation requiring urgent action , the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the member states , which should amount to a minimum of 1 500 . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams as appropriate . ### the european border and coast guard agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions . to this end , when launching rapid border interventions at the request of a member state or in the context of a situation requiring urgent action , the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the member states , which should amount to a minimum of 1 500 . those teams should also include in their staff translators or fluent speakers of both the host member state ' s language and the language mostly spoken by those they need to address . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams as appropriate .


### the european border and coast guard agency should monitor and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the member states and to the commission . ### the european border and coast guard agency should monitor and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the member states , the commission and all other agencies involved , including the european fisheries control agency .


### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions . ### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states and to all other agencies involved , including the european fisheries control agency . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions .