### national plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty . updates of national plans should however be foreseen once during the ten - year period covered to give member states the opportunity to adapt to significant changing circumstances . for the plans covering the period from 2021 to 2030 , member states should be able to update their plans by 1 january 2024 . targets , objectives and contributions should only be modified to reflect an increased overall ambition in particular as regards the 2030 targets for energy and climate . as part of the updates , member states should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting . ### national plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty . updates of national plans should however be foreseen once during the ten - year period covered to give member states the opportunity to adapt to significant changing circumstances . for the plans covering the period from 2021 to 2030 , member states should be able to update their plans by 1 january 2024 . targets , objectives and contributions should be modified to reflect changing macroeconomic or economic conditions taking into consideration technological progress and changes in international conditions . as part of the updates , member states should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting .


### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 , and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it may issue recommendations to all member states pursuant to article 28 to mitigate such risk . the commission shall , as appropriate , take measures at union level in addition to the recommendations in order to ensure , in particular , the achievement of the union ' s 2030 targets for renewable energy and energy efficiency . with regard to renewable energy , such measures shall take into consideration ambitious early efforts by member states to contribute to the union ' s 2030 target . ### if , on the basis of its aggregate assessment of member states ' integrated national energy and climate progress reports pursuant to article 25 , and supported by other information sources , as appropriate , the commission concludes that the union is at risk of not meeting the objectives of the energy union and , in particular , for the first ten - years period , the targets of the union ' s 2030 framework for climate and energy , it may issue non - binding recommendations to all member states pursuant to article 28 to mitigate such risk .


### member states shall prepare and report to the commission by 1 january 2020 and every 10 years thereafter their long - term low emission strategies with a 50 years perspective , to contribute to : ### member states and the commission on behalf of the union shall prepare by 1 january 2019 and every five years thereafter their long - term energy and climate strategies with a 2050 perspective , to :


### member states shall prepare and report to the commission by 1 january 2020 and every 10 years thereafter their long - term low emission strategies with a 50 years perspective , to contribute to : ### member states shall prepare and report to the commission by 1 january 2020 and every 10 years thereafter their long - term low emission strategies with a 30 years perspective , to contribute to :


### where the commission has issued recommendations pursuant to article 27 or , the member state concerned shall include in its report referred to in paragraph 1 of this article information on the policies and measures adopted , or intended to be adopted and implemented , to address those recommendations . such information shall include a detailed timetable for implementation . ### where the commission has issued recommendations pursuant to article 27 or , the member state concerned may include in its report referred to in paragraph 1 of this article information on the policies and measures adopted , or intended to be adopted and implemented , to address those recommendations . such information may include a detailed timetable for implementation . in case a member state decides not to include the recommendations in its report , it shall explain to the commission in writing the reasons underlying its decision .


### trajectories on bioenergy demand , disaggregated between heat , electricity and transport , and on biomass supply , by feedstock and origin . for forest biomass , an assessment of its source and impact on the lulucf sink ; ### if applicable trajectories on bioenergy demand , disaggregated between heat , electricity and transport , and on biomass supply by feedstock , domestic production vs imports . for forest biomass , an assessment of its source and impact on the lulucf sink ;


### an assessment of the impacts of the planned policies and measures to meet the objectives referred to in point ; ### if applicable an assessment of the impacts of the planned policies and measures and investment strategies to meet the objectives referred to in point ;


### member states shall cooperate with each other at regional level to effectively meet the targets , objectives and contributions set out in their integrated national energy and climate plan . ### member states shall cooperate with each other at regional level to effectively meet the targets , objectives and contributions set out in their integrated national energy and climate plan , in so far as the provisions of directive 2001 / 42 / ec are applicable , consultations undertaken in accordance with that directive shall be deemed to satisfy also the obligations to consult the public under this regulation .


### the commission shall adopt provisions for the appropriate monitoring , reporting and verification of emissions for the purpose of implementing the global market - based measure being elaborated in icao . those provisions shall be based on the same principles as the regulation referred to in article 14 and shall ensure that the emissions reports submitted are verified in accordance with article 15 . ### the commission shall adopt provisions for the appropriate monitoring , reporting and verification of emissions for the purpose of implementing the global market - based measure being elaborated in icao . those provisions shall be entirely consistent with the principles contained in the regulation referred to in article 14 and shall ensure that the emissions reports submitted are verified in accordance with article 15 .


### given that key features of the global market - based measure have yet to be developed and that its implementation depends on domestic legislation by states and regions , it is considered appropriate for a review to take place once there is clarity about the nature and content and of these legal instruments in advance of the start of icao ' s global market - based measure , and a report submitted to the european parliament and council . that report should consider any standards or other instruments adopted through icao , the actions taken by third countries to implement the global market - based measure to apply to emissions from 2021 and other relevant international developments . that report should consider how to implement these instruments in union law through a revision of the eu ets . it should also consider the rules applicable to intra - eea flights as appropriate . that report should be accompanied by a proposal as appropriate to the european parliament and the council consistent with ensuring the contribution of aviation to the union ' s 2030 economy - wide greenhouse gas reduction commitment . ### given that key features of the global market - based measure have yet to be developed and that its implementation depends on domestic legislation by participating states and regions , the commission should report regularly to the european parliament and to the council on progress in the icao negotiations , in particular on relevant instruments adopted through icao , the actions taken by third countries to implement the global market - based measure to apply to emissions from 2021 and other relevant international developments and applicable instruments . once there is clarity about the nature and content of the icao instruments and in advance of the start of icao ' s global market - based measure , the commission should present a report in which it should consider how to implement these instruments in union law through a revision of the eu ets directive as well as consider the expected impact and the scope of possible application of the linear factor to the number of allowances issued to the aircraft operators from 1 january 2021 . that report should further consider the rules applicable to intra - eea flights , as appropriate . in doing so , that report should reflect projected administrative costs for member states and burdens that may be imposed on aircraft operators in order to minimise duplication and imposition of any undue administrative burden . that report could be accompanied by a proposal to the european parliament and the council consistent with ensuring the contribution of aviation to the union ' s 2030 economy - wide greenhouse gas reduction commitment .


### ' it shall be for member states to determine the use to be made of revenues generated from the auctioning of allowances . those revenues should be used to tackle climate change in the union and third countries , inter alia , to reduce greenhouse gas emissions , to adapt to the impacts of climate change in the union and third countries , especially developing countries , to fund research and development for mitigation and adaptation , including in particular in the fields of aeronautics and air transport , to reduce emissions through low - emission transport and to cover the cost of administering the community scheme . the proceeds of auctioning should also be used to fund contributions to the global energy efficiency and renewable energy fund , and measures to avoid deforestation . ' ### in article 3d , the first subparagraph is replaced by the following : ‘ revenues generated from the auctioning of allowances shall be used to tackle climate change in the union and third countries , inter alia , to reduce greenhouse gas emissions , to adapt to the impacts of climate change in the union and third countries , especially developing countries , to fund research and development for mitigation and adaptation , including in particular in the fields of aeronautics and air transport , to reduce emissions through low - emission transport and to cover the cost of administering the union scheme . the proceeds of auctioning may also be used to fund contributions to the global energy efficiency and renewable energy fund , and measures to avoid deforestation . special consideration shall be given to member states which use revenues for co - financing research and innovation programmes or initiatives under the ninth research framework programme .


### ‘ 2 . from 1 january 2013 , 15 % of allowances shall be auctioned . this percentage may be increased as part of the general review of this directive’ . ### in article 3d , paragraph 2 is replaced by the following : ‘ 2 . from 1 january 2021 , 50 % of allowances shall be auctioned . ’


### the report may be accompanied by proposals , as appropriate to the european parliament and the council to amend , delete , extend or replace the derogations provided for in article 28a , consistent with the union economy - wide greenhouse gas emission reduction commitment for 2030 . ### within six months of the publication of this report , the commission shall present legislative proposals , as appropriate , to the european parliament and the council to amend , delete , extend or replace the derogations provided for in article 28a , consistent with the union economy - wide greenhouse gas emission reduction commitment for 2030 .


### the third subparagraph is deleted . ### the third subparagraph is replaced by the following : as regards activity in the period from 1 january 2017 to 31 december 2020 , member states shall publish the number of aviation allowances allocated to each aircraft operator by 1 september 2018 .


### from 1 january 2017 , by way of derogation from articles 3d to 3f and until amendments subsequent to the review referred to in article 28b have entered into force , aircraft operators shall be issued , each year , the number of allowances that corresponds to the year 2016 . from 2021 onwards that number of allowances shall be subject to the application of the linear factor in article 9 . ### by way of derogation from articles 3e and 3f , aircraft operators benefiting from the derogations provided for in points and of paragraph 1 of this article shall be issued , each year , a number of free allowances reduced in proportion to the reduction of the surrender obligation provided for in those points .


### the commission shall report to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . ### the commission shall regularly , and at least once a year , report to the european parliament and the council on the relevant icao standards and recommended practices , icao council - approved recommendations relevant to the global market - based measure or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . the commission shall also report on the icao ' s efforts to establish a credible long - term goal for the sector .


### the report should consider ways for those icao instruments to be implemented in union law through a revision of this directive . the report shall also consider the rules applicable in respect of flights within the european economic area as appropriate . ### within 12 months of the adoption by icao of the relevant instruments , and before the global market - based measure becomes operational , the commission shall present a report to the european parliament and to the council in which it shall consider ways for those instruments to be implemented in union law through a revision of this directive , including through the [ potential ] application of the linear factor in article 9 to the number of allowances allocated to the aircraft operators . the commission shall , in that report , also consider the rules applicable in respect of flights within the european economic area , as appropriate .


### the report should consider ways for those icao instruments to be implemented in union law through a revision of this directive . the report shall also consider the rules applicable in respect of flights within the european economic area as appropriate . ### the report should consider ways for those icao instruments to be implemented in union law through a revision of this directive . the report shall also consider the rules applicable in respect of flights within the european economic area as appropriate . the report shall also examine the ambition and overall environmental integrity of the global market - based measure including its general ambition in relation to targets under the paris agreement , level of participation , enforceability , transparency , penalties for non - compliance , processes for public input , quality of offset credits , monitoring , reporting and verification of emissions , registries , rules on the use of biofuels . in addition , the report shall consider whether the delegated act adopted under article 28c needs to be revised .


### in order to adopt non - legislative acts of general application to supplement or amend certain non - essential elements of a legislative act , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt measures for the monitoring , reporting and verification of emissions applicable to aircraft operators for the purpose of the global market - based measure being elaborated in icao . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### to prepare for the implementation of the icao global market - based measure , it is necessary to dispose of relevant data regarding the emissions from aviation activities . these emissions should be monitored , reported and verified in accordance with the same principles as those applicable to the monitoring , reporting and verification of emissions from aviation activities under the eu ets directive . in order to ensure uniform conditions for the implementation of the mrv of emissions applicable to aircraft operators for the purpose of implementing the icao global market - based measure , implementing powers should be conferred on the commission . those implementing powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council3 . the mrv provisions should be without prejudice to the review and possible proposal in advance of the start of icao ' s global market - based measure .


### by way of derogation from article 3d , the number of allowances to be auctioned by each member state from 1 january 2013 shall be reduced to correspond to its share of attributed aviation emissions from flights which are not subject to the derogations provided for in points and of paragraph 1 of this article . ; ### by way of derogation from article 3d , the number of allowances to be auctioned by each member state in respect of the period from 1 january 2013 to 31 december 2020 shall be reduced to correspond to its share of attributed aviation emissions from flights which are not subject to the derogations provided for in points and of paragraph 1 of this article .


### all emissions from flights to and from aerodromes located in countries outside the european economic area in each calendar year from 1 january 2013 , subject to the review referred to in article 28b ' . ### all emissions from flights to and from aerodromes located in countries outside the european economic area in each calendar year from 1 january 2013 to 31 december 2020 , subject to the review referred to in article 28b ' .


### it shall be for member states to determine the use to be made of revenues generated from the auctioning of allowances . those revenues should be used to tackle climate change in the eu and third countries , inter alia , to reduce greenhouse gas emissions , to adapt to the impacts of climate change in the eu and third countries , especially developing countries , to fund research and development for mitigation and adaptation , including in particular in the fields of aeronautics and air transport , to reduce emissions through low - emission transport and to cover the cost of administering the community scheme . the proceeds of auctioning should be used to fund contributions to the global energy efficiency and renewable energy fund , and measures to avoid deforestation . ### in article 3d , the first subparagraph is replaced by the following : it shall be for member states to determine the use to be made of revenues generated from the auctioning of allowances , provided that those revenues are ring - fenced for financing research and common projects to reduce greenhouse gas emissions from the aviation sector , such as the sesar joint undertaking and the clean sky joint technology initiatives and any initiatives enabling the widespread use of gnss for satellite - based navigation and interoperable capabilities within all member states , in particular those improving air navigation infrastructure , the provision of air navigation services and the use of airspace . transparency on the use of revenues generated from the auctioning of allowances under directive 2003 / 87 / ec is fundamental to underpinning union commitments .


### the flag member state shall withdraw the fishing authorisation for bluefin tuna and shall require the vessel to proceed immediately to a port designated by it when the individual quota is deemed to be exhausted . ### the flag member state shall withdraw the fishing authorisation for bluefin tuna and may require the vessel to proceed immediately to a port designated by it when the individual quota is deemed to be exhausted .


### the delegation of powers referred to in article 4 shall be conferred for an indeterminate period of time from [ xx - xx - xxx ] onwards . ### the power to adopt delegated acts referred to in article 9 shall be conferred on the commission for a period of five years from [ xx - xx - xxx ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content hosted on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all users from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical , mental or moral development of minors ; ### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical or mental development of minors ;


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga has made a positive contribution towards consistent regulatory practice and has provided high level and independent advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive .


### in light of the nature of the providers ' involvement with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### in light of the nature of the providers ' involvement with the content hosted on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting judicial orders by national authorities in accordance with national legislation . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### providing for parental control systems with respect to content which may impair the physical , mental or moral development of minors ; ### providing for parental control systems with respect to content which may impair the physical or mental development of minors ;


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in addition , the decision to remove such content , being often dependent on a subjective interpretation , can undermine the freedom of expression and information . in this context , it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred hosted on video - sharing platforms , but also to protect and guarantee the fundamental rights of users , to set out common and proportionate rules on those matters . such rules should , in particular , further define at union level the characteristics of ' harmful content ' and ' incitement to violence and hatred ' , taking into account the intention and effect of such content . self - regulatory and co - regulatory measures implemented or approved by member states or by the commission should fully respect the obligations of the charter of fundamental rights of the european union , in particular article 52 thereof .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### specifying the characteristics of and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ;


### member states shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical , mental or moral development of minors . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service . ### member states shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical or mental development of minors . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service .


### by [ date – no later than four years after adoption ] at the latest , and every three years thereafter , the commission shall submit to the european parliament , to the council and to the european economic and social committee a report on the application of this directive . ### by [ date – no later than four years after adoption ] at the latest , and every three years thereafter , the commission shall submit to the european parliament , to the council and to the european economic and social committee a report on the application of this directive , including pertaining to the implementation of freedom of expression as regards article 11 of the charter of fundamental rights .


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . _________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve the video - sharing platform providers actively when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . _________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha .


### protect minors from content which may impair their physical , mental or moral development ; ### protect minors from content which may impair their physical or mental development ;


### a unique electronic identifying link can be established between the data processed and the physical shipment of a determined set of goods to which that data is related , from origin to destination , under the terms of a single transport contract , irrespective of the quantity or number of containers , packages , or pieces ; ### a unique electronic identifying link can be established between the data processed and the physical shipment of a determined set of goods to which that data is related , from origin to destination ;


### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch providers during the accumulation and the decumulation phases , through a clear , quick and safe procedure . ### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch to a different provider located in the same or another member state during the accumulation phase , through a clear , quick and safe procedure .


### in the case of the establishment of a branch or a permanent presence in another member state , it is appropriate to distribute responsibility for enforcement between home and host member states . while responsibility for compliance with obligations affecting the business as a whole – such as the rules on professional requirements – should remain with the competent authority of the home member state under the same regime as in the case of provision of services , the competent authority of the host member state should assume responsibility for enforcing the rules on information requirements and conduct of business with regard to the services provided within its territory . however , where the competent authority of a host member state becomes aware of any breaches of obligations occurring within its territory with respect to which this directive does not confer responsibility on the host member state , a close cooperation demands that that authority informs the competent authority of the home member state so that the latter takes the appropriate measures . such is the case in particular as regards breaches of the rules on good repute , professional knowledge and competence requirements . moreover , in view of protecting consumers , the competent authority of the host member state should be entitled to intervene if the home member state fails to take appropriate measures or if the measures taken are insufficient . ### in the case of the establishment of a branch or a permanent presence in another member state , it is appropriate to distribute responsibility for enforcement between home and host member states . while responsibility for compliance with obligations affecting the business as a whole – such as the rules on professional requirements – should remain with the competent authority of the home member state under the same regime as in the case of provision of services , the competent authority of the host member state should assume responsibility for enforcing the rules on information requirements , advertisements and conduct of business with regard to the services provided within its territory . however , where the competent authority of a host member state becomes aware of any breaches of obligations occurring within its territory with respect to which this directive does not confer responsibility on the host member state , a close cooperation demands that that authority informs the competent authority of the home member state so that the latter takes the appropriate measures . such is the case in particular as regards breaches of the rules on good repute , professional knowledge and competence requirements . moreover , in view of protecting consumers , the competent authority of the host member state should be entitled to intervene if the home member state fails to take appropriate measures or if the measures taken are insufficient .


### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing pension products and schemes , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , addressing the demographical challenge and providing a powerful new source of private capital for long - term investment . this framework will not replace or harmonise existing national personal pension schemes . ### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing statutory and occupational pension schemes and products , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , addressing the demographic challenge and providing a powerful new source of private capital for long - term investment . this framework will not replace or harmonise existing national personal pension schemes , nor will it affect existing national statutory and occupational pension schemes and products . the pepp will neither directly nor indirectly be linked to the occupation or the employment status of the pepp saver .


### 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 at least 8 member states 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 .


### pepp providers and distributors shall make every possible effort to reply , on paper or , if agreed between the pepp provider or distributor and the pepp customer , on another durable medium , to the pepp customers’ complaints . the reply shall address all points raised , within an adequate timeframe and at the latest within 15 business days of receipt of the complaint . in exceptional situations , if the answer cannot be given within 15 business days for reasons beyond the control of the pepp provider or distributor , it shall be required to send a holding reply , clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the pepp customer will receive the final reply . in any event , the deadline for receiving the final reply shall not exceed 35 business days . ### pepp providers and distributors shall make every possible effort to reply , on paper or by email or , if agreed between the pepp provider or distributor and the pepp customer , on another durable medium , to the pepp customers’ complaints . the reply shall address all points raised , within an adequate timeframe and at the latest within 15 business days of receipt of the complaint . in exceptional situations , if the answer cannot be given within 15 business days for reasons beyond the control of the pepp provider or distributor , it shall be required to send a holding reply , clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the pepp customer will receive the final reply . in any event , the deadline for receiving the final reply shall not exceed 35 business days .


### in order to ensure a high quality of service and effective consumer protection , home and host member states should closely cooperate in the enforcement of the obligations set out in this regulation . where pepp providers and distributors pursue business in different member states under the freedom to provide services , the competent authority of the home member state should be responsible for ensuring compliance with the obligations set out in this regulation , because of its closer links with the pepp provider . in order to ensure fair sharing of responsibilities between the competent authorities from the home and the host member states , if the competent authority of a host member state becomes aware of any breaches of obligations occurring within its territory , it should inform the competent authority of the home member state which should then be obliged to take the appropriate measures . moreover , the competent authority of the host member state should be entitled to intervene if the home member state fails to take appropriate measures or if the measures taken are insufficient . ### in order to ensure a high quality of service and effective consumer protection , home and host member states of the provider and distributors of pepps should closely cooperate in the enforcement of the obligations set out in this regulation . where pepp providers and distributors pursue business in different member states under the freedom to provide services , the competent authority of the home member state should be responsible for ensuring compliance with the obligations set out in this regulation , because of its closer links with the pepp provider . in order to ensure fair sharing of responsibilities between the competent authorities from the home and the host member states , if the competent authority of a host member state becomes aware of any breaches of obligations occurring within its territory , it should inform the competent authority of the home member state which should then be obliged to take the appropriate measures . moreover , the competent authority of the host member state should be entitled to intervene if the home member state fails to take appropriate measures or if the measures taken are insufficient .


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time not longer than [ po : 5 years from the date of entry into force of this directive ] , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , the efficient functioning of the regulated system to which the infrastructure is connected , or to the diversification and security of the supply of natural gas to and within the union or any member state . '


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


### ‘ interconnector’ means a transmission line which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction ; ### ‘ interconnector’ means a transmission line which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction , including territorial waters and exclusive economic zones of the member states ;


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and if the following cumulative conditions are fulfilled : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition in the relevant markets which are likely to be affected by the investment , the effective functioning of the internal market in natural gas , the efficient functioning of the concerned regulated systems . '


### where the infrastructure in question is under the jurisdiction of a member state and one third countries , the national regulatory authority shall consult the relevant authorities of the third countries prior to adopting a decision . ; ### “prior to adopting the decision the national regulatory authority shall consult : the national regulatory authorities of the member states whose markets are likely to be affected by the new infrastructure ; and the relevant authorities of the third countries , where the infrastructure in question is under jurisdiction of a member state and one third countries . ”


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following cumulative conditions : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition in the relevant markets , which are likely to be affected by the investment , the effective functioning of the internal market in natural gas , the efficient functioning of the concerned regulated systems ; no eu restrictive measures , such as economic sanctions were imposed on the third country involved in the investment . '


### the derogation shall be limited in time and may be subject to conditions which contribute to the achievement of the above conditions . ### the derogation shall be limited in time and may be subject to conditions which contribute to the achievement of the above conditions . the derogation may be granted for a period not exceeding 5 years .


### in respect of gas pipelines to and from third countries completed before [ po : date of entry into force of this directive ] , member states may decide to derogate from articles 9 , 10 , 11 and 32 and article 41 , and for the sections of such pipelines between the border of union jurisdiction and the first interconnection point , provided that the derogation would not be detrimental to competition on or the effective functioning of the internal market in natural gas in the union , or the security of supply in the union . ### in respect of gas pipelines to and from third countries completed before [ po : date of adoption of this proposal ] , the competent authority of the member state may apply to the commission for a temporary derogation from articles 9 , 32 and article 41 , and for the sections of such pipelines between the border of union jurisdiction and the first interconnection point , provided that the third country is not subject to any eu restrictive measures , such as economic sanctions and the derogation would not be detrimental to competition on or the effective functioning of the internal market in natural gas in the union , or the security of supply in the union . within a period of three months from the day following the receipt of an application , the commission shall take a decision on whether to grant a derogation in accordance with the above conditions , as well as with the core objectives of the energy union . that three - month period may be extended by additional three months where further information is sought by the commission .


### to take account of the previous lack of specific union rules applicable to gas pipelines to and from third countries , member states should be able to grant derogations from certain provisions of directive 2009 / 73 / ec to such pipelines which are completed at the date of entry into force of this directive . the relevant date for the application of unbundling models other than ownership unbundling should be adapted for gas pipelines to and from third countries . ### to take account of the previous lack of specific union rules applicable to gas pipelines to and from third countries , the commission should be able to grant derogations from certain provisions of directive 2009 / 73 / ec to such pipelines which are completed before the date of adoption of this proposal . the relevant date for the application of unbundling models other than ownership unbundling should be adapted for gas pipelines to and from third countries after the approval by the commission . no derogation from the provisions of directive 2009 / 73 / ec should be granted to gas pipelines to and from third countries , which are subject to any eu restrictive measures , such as economic sanctions .


### strengthening economic and social cohesion by reinforcing structural reforms is crucial for successful participation in the economic and monetary union . that is particularly important for member states whose currency is not the euro , in their preparation to join the euro area . ### strengthening economic , social and territorial cohesion through structural reforms which are of interest to the union is crucial for successful participation and enhanced convergence in the economic and monetary union . that is particularly important for member states whose currency is not the euro , in their preparation to join the euro area .


### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms in member states whose currency is not the euro , the financial allocation for the programme should be increased to a sufficient level that allows the union to provide support that meets the needs of the requesting member states . ### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms which are of interest to the union in member states whose currency is not the euro , the financial allocation for the programme should be increased , by using the flexibility instrument under council regulation no 1311 / 2013 1a , to a sufficient level that allows the union to provide support that meets the needs of the requesting member states . ___________ 1a council regulation no 1311 / 2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014 - 2020 .


### the structural reform support programme was established with the objective of strengthening the capacity of member states to prepare and implement growth - sustaining administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . support under the programme is provided by the commission , upon request by a member state , and can cover a wide range of policy areas . developing resilient economies built on strong economic and social structures , which allow member states to efficiently absorb shocks and swiftly recover from them , contributes to economic and social cohesion . the implementation of institutional , administrative and growth - sustaining structural reforms is an appropriate tool for achieving such a development . ### the structural reform support programme was established with the objective of strengthening the capacity of member states to prepare and implement growth - sustaining administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . support under the programme is provided by the commission , upon request by a member state , and can cover a wide range of policy areas . developing resilient economies built on strong economic and social structures , which allow member states to efficiently absorb shocks and swiftly recover from them , contributes to economic , social and territorial cohesion . the implementation of institutional , administrative and growth - sustaining structural reforms , and the ownership on the ground of structural reforms which are of interest to the union , in particular through local and regional authorities and social partners , are appropriate tools for achieving such a development .


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states , and to bring european added value in policy areas relating to competences shared between the union and the member states which are not already targeted by a technical assistance programme , by providing support to member states’ public authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### when the commission has well - founded indications of the possible existence of one or more significant distortions as referred to in point , a detailed report describing the market circumstances as per point in a certain country or a certain sector shall be produced or updated . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made definitively by the commission no later than three months following initiation of an investigation . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission ' s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission’s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report . in any event , the european commission shall carry out a review of the report every two years .


### the union industry may rely on the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 . ### the union industry may rely on evidence in the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 or in a request for an investigation in accordance with article 12 .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard should be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country sacrificing of fact and law an adequate corporate governance ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws ; wage rates are not the result of free bargaining between labour and management ; the absence of a transparent set of laws produces discriminatory effects with regard to joint - ventures and other foreign investment and access to finance granted by institutions implementing public policy objectives and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . the existence of significant distortions in the economy as a whole or in sector of the economy of the exporting country should lead automatically to the use of undistorted international , third country or eu prices , costs or benchmarks for each factor of production in the construction of the normal value . however , if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted , those costs should be used in the construction of its normal value . it is further appropriate to provide that the commission services issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; for those countries for which a substantial number of anti - dumping cases have been recorded , the report should be completed and adopted before the entry into force of this regulation . the union industry should be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . in accordance with its role , the european parliament is to monitor the report drafting process . on the request of the european parliament or in the case of a change of circumstances in a specific country or sector , the commission shall update the report . in any event the european commission should carry out a review of the report every two years .


### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . ### significant distortions within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard shall be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country sacrificing of fact and law an adequate corporate governance ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws ; wage rates are not the result of free bargaining between labour and management ; the absence of a transparent set of laws produces discriminatory effects with regard to joint - ventures and others foreign investments ; access to finance granted by institutions implementing public policy objectives and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . the existence of significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or eu prices , costs or benchmarks for each factor of production in the construction of the normal value . if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted , those costs shall be used in the construction of its normal value .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the market circumstances as per point in a certain country or a certain sector . such report and the evidence on which it is based shall be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made as to the existence of significant distortions for a country or a sector shall take into account all of the relevant evidence on the file and shall be made definitely by the commission no later than three months following the initiation of investigation .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms or other circumstances allowing the state to interfere with respect to prices or costs , including through the allocation of resources and decisions taken by enterprises , public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the report should cover both sector / company specific and macro / systemic distortions , the latter being of particular importance for sectors with high share of smes . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based shall be placed on the file of any investigation relating to that country or sector . in the absence of a report the commission shall use any available information or data to establish the existence of one or more significant distortions and use the methodology referred to in point if the relevant requirements are met . at the initiation of an investigation related to imports from a country or sector in which the commission has well - founded indications of the possible existence of significant distortions , the commission shall make a provisional determination as to the existence of significant distortions for that country or sectors and inform the parties of the investigations . the definitive determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made by the commission no later than 45 days following initiation of an investigation . interested parties shall be given 10 days to comment on these determinations . any determination that significant distortions exist in a given country or sector shall stand as long as sufficient evidence has not conclusively shown that that country or sector is not anymore affected by significant distortions and shall remain in effect until revoked . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission ' s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report .


### in order to ensure transparency across the union , the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other member states and to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions . ### in order to ensure transparency across the union , a non - confidential version of the analysis of a national regulatory authority should be submitted to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission in accordance with article 22a of directive 97 / 67 / ec . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions .


### the national regulatory authority shall submit its assessment , including any information and / or justification provided in accordance with paragraph 3 , to the commission , the national regulatory authorities of the other member states and the national authorities within the member state of the submitting national regulatory authority entrusted with the implementation of competition law . a non - confidential version of that assessment shall also be provided to the commission . that information shall be provided by 31 march of each calendar year at the latest . ### the national regulatory authority shall submit a non - confidential version of its assessment , to the commission and the national regulatory authorities of other member states . that information shall be provided by 31 march of each calendar year at the latest .


### the transparency of tariffs and terminal rates for certain cross - border parcel delivery services and the assessment of the affordability of certain cross - border tariffs ; ### the transparency of tariffs for certain cross - border parcel delivery services and the assessment of the affordability of certain cross - border tariffs ;


### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account : ### the national regulatory authority may assess the affordability for users of cross - border tariffs forming part of the universal service included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information in accordance with article 12 of directive 97 / 67 / ec .


### ' parcel delivery services ' means services involving the clearance , sorting , transport or distribution of postal items other than items of correspondence ; transport alone shall not be considered a parcel delivery service ; delivery of such items exceeding 31 , 5 kg shall not be considered a parcel delivery service ; ### ' parcel delivery services ' means services involving the clearance , sorting , transport and distribution of postal items other than items of correspondence ;


### article 4transparency of tariffs and terminal rates ### article 4transparency of tariffs


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by those definitions . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector .


### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across all categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . the objective is to ensure a level - playing field between suppliers of different categories of digital content . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods .


### as a second step , the consumer should be entitled to have the price reduced or the contract terminated . the right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non - conformity impairs the main performance features of the digital content . where the consumer terminates the contract , the supplier should reimburse the price paid by the consumer or , where the digital content is supplied not in exchange for a price but against access to data provided by the consumer , the supplier should refrain from using it , from transferring that data to third parties or allowing third parties to access it after termination of the contract . fulfilling the obligation to refrain from using data should mean in the case when the counter - performance consists of personal data , that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person . without prejudice to obligations of a controller under directive 95 / 46 / ec the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content . ### as a second step , the consumer should be entitled to have the price reduced or the contract terminated . where the consumer terminates the contract , the supplier should reimburse the price paid by the consumer or , where the digital content is supplied not in exchange for a price but against access to data provided by the consumer , the supplier should refrain from using it , from transferring that data to third parties or allowing third parties to access it after termination of the contract . fulfilling the obligation to refrain from using data should mean in the case when the counter - performance consists of personal data , that the supplier should take all measures in order to comply with data protection rules by deleting it .


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### as regards digital content supplied not in exchange for a price but against counter - performance other than money , the european data protection supervisor could , in cooperation with the eu member states , assess the impact of such content on personal data protection .


### reserved activities , existing alongside protected professional title ; ### reserved activities , protected professional title , or any other form of regulation of one of the modes of pursuit of a profession ;


### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available by the commission . ### assessments undertaken in accordance with this directive , which are communicated to the commission pursuant to paragraph 5 of article 59 of directive 2005 / 36 / ec , shall be recorded by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available by the commission .


### the relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . ### member states shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , guaranteeing the quality of craft work , research and development , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives .


### member states shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies . ### member states shall take the necessary measures to ensure that the assessment referred to in paragraph 1 is carried out in an objective and independent manner .


### the scope of the professional activities reserved to holders of a particular professional qualification , namely whether and why the activities reserved to certain professions can or cannot be shared with other professions ; ### whether and why the activities reserved to certain professions can or cannot be shared with other professions ;


### when assessing the necessity and the proportionality of the provisions , the relevant competent authorities shall consider in particular : ### when assessing the proportionality of the provisions , member states shall consider in particular :


### the reasons for considering that a provision is justified , necessary and proportionate shall be substantiated by qualitative and , wherever possible , quantitative evidence . ### the reasons for considering that a provision is justified and proportionate shall be substantiated by qualitative and , wherever possible , quantitative evidence .


### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available by the commission . ### the reasons for considering that provisions , assessed in accordance with this directive , are non - discriminatory , justified and proportionate , and which are communicated to the commission pursuant to paragraphs 5 of article 59 of directive 2005 / 36 / ec , shall be recorded by the member states in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter , unless the member state concerned objects , made publicly available by the commission .


### for the purposes of paragraph 2 , the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements : ### for the purposes of paragraph 2 , member states shall assess all regulation in place and in particular the effect of the new or amended requirement in combination with the following requirements , it being understood that there might be positive as well as negative effects :