### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth , innovation and competitiveness , especially infrastructure measures . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures , without adding to administrative burden or creating additional payment systems , which would undermine the efficiency of the efsi’s objectives , so as to ensure the most effective and strategic use of public money , without introducing additional bureaucracy or payment systems that have a negative impact on the effective attainment of efsi’s objectives . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of infrastructure , including in the areas of transport , particularly in industrial centres and rural areas ; energy , in particular energy interconnections ; and digital and telecommunication infrastructure , particularly in order to reduce rural isolation ;


### ’existing combustion plant’ means a combustion plant put into operation before [ 1 year after the date of transposition ] ; ### ’existing combustion plant’ means a combustion plant put into operation before [ 2 years after the date of transposition ] or for which a permit was granted before [ date of transposition ] pursuant to national legislation provided that the plant is put into operation no later than [ 2 years after date of transposition ] ;


### member states may exempt existing medium combustion plants which do not operate more than 500 operating hours per year from compliance with the emission limit values set out in part 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply . ### member states may exempt existing medium combustion plants which do not operate more than 1500 operating hours per year as a rolling average over a period of five years from compliance with the emission limit values set out in part 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply .


### for medium combustion plants applying secondary abatement equipment in order to meet the emission limit values , the effective operation of that equipment shall be monitored continuously and the results thereof recorded . ### for medium combustion plants applying secondary abatement equipment in order to meet the emission limit values , the effective continuous operation of that equipment shall be demonstrated and recorded .


### the first measurements shall be carried out within three months following the registration of the plant . ### the first measurements shall be carried out within six months following the permit or registration of the plant or the date of start of the operation , whichever is the latest .


### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs can be easily and reliably recognised by such vehicles . ### minimum performance requirements for the design and maintenance of road markings and road signs are an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs can be easily and reliably recognised by such vehicles .


### in order to achieve transparency and improve accountability , key performance indicators should be reported . ### in order to achieve transparency and improve accountability , key performance indicators , based on a common methodology , should be reported .


### ‘ network - wide road assessment’ means an assessment of the safety of the road network within the scope of this directive in order to benchmark accident and impact severity risk ; ### ‘ network - wide road analysis’ means an objective analysis based on facts of the safety of the road network within the scope of this directive in order to classify accident and impact severity risk ;


### member states shall provide a report to the commission by 31st october [ op : please insert the year calculated 24 months following the entry into force ] and every three years thereafter on the percentage of the road network assessed by network - wide road assessment in the preceding three years , and the safety rating of the road sections assessed by category of road users . ### member states shall provide a report to the commission by 31st october [ op : please insert the year calculated 24 months following the entry into force ] and every three years thereafter , based on a common methodology , on the percentage of the road network assessed by network - wide road assessment in the preceding three years , and the safety rating of the road sections assessed by category of road users .


### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement . the union ' s commitment to economy - wide emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 . ### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the eu ' s commitment in the paris agreement . the union ' s commitment to emission reductions was confirmed in the intended nationally determined contribution of the union and its member states that was submitted to the secretariat of the unfccc on 6 march 2015 .


### a member state may transfer the part of its annual emission allocation for a given year that exceeds its greenhouse gas emissions for that year , taking into account the use of flexibilities pursuant to paragraphs 2 to 4 and article 6 , to other member states . a receiving member state may use this quantity for compliance under article 9 for that year or subsequently until 2030 . ### a member state may transfer the part of its annual emission allocation for a given year that exceeds its greenhouse gas emissions for that year , taking into account the use of flexibilities pursuant to paragraphs 2 to 4 and article 6 , to other member states . a receiving member state may use this quantity for compliance under article 9 for that year or the following year .


### the union contributes to ensuring a high level of consumer protection and to placing consumers at the heart of the single market by supporting and complementing member states ' policies in seeking to ensure that citizens can fully reap the benefits of the internal market and that , in so doing , their legal and economic interests are properly addressed and defended . a well - functioning and trustworthy financial services sector is a key component of the single market . it requires a solid framework for regulation and supervision , which simultaneously ensures financial stability and focuses on supporting a sustainable economy . at the same time , it should provide a high level of protection to consumers and other financial services end - users , including retail investors , savers , insurance holders , pension fund participants , individual shareholders , borrowers or smes . ### the union should contribute to ensuring a high level of consumer protection and to placing consumers at the heart of the single market by supporting and complementing member states ' policies in seeking to ensure that citizens can fully reap the benefits of the internal market and that , in so doing , their legal and economic interests are properly addressed and defended . a well - functioning and trustworthy financial services sector is a key component of the single market . it requires a solid framework for regulation and supervision , which simultaneously ensures financial stability and focuses on supporting a sustainable economy . at the same time , it should provide a high level of protection to consumers and other financial services end - users , including retail investors , savers , insurance holders , pension fund participants , individual shareholders , borrowers or smes .


### since 2007 , the confidence of consumers in particular and of other financial services ' end - users has been shaken by the financial and economic crisis . to restore citizens ' confidence in the soundness of the financial sector , it is therefore important to increase the involvement of consumers and other end - users , as well as of stakeholders representing their interests , in the union decision - making process in the financial sector . ### since 2007 , the confidence of consumers in particular and of other financial services ' end - users , including retail investors and savers , has been shaken by the financial and economic crisis . to restore citizens ' confidence in the soundness of the financial sector , it is therefore important to increase the involvement of consumers and other end - users , as well as of stakeholders representing their interests , in the union decision - making process in the financial sector .


### as a result , the commission awarded between 2012 and 2015 via an open call for proposals operating grants to two non - profit entities , finance watch and better finance . these grants were awarded under a pilot project during two years , 2012 and 2013 , and a preparatory action since 2014 . since a preparatory action can be used up to three years3 , a legislative act is necessary to provide a legal basis for funding such actions as of 2017 . __________________ 3 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . ### as a result , the commission awarded between 2012 and 2015 via an open call for proposals operating grants to two non - profit entities , finance watch and better finance , aiming to enhance the involvement of consumers in the field of financial services . these grants were awarded under a pilot project during two years , 2012 and 2013 , and a preparatory action since 2014 . since a preparatory action can be used up to three years3 , a legislative act is necessary to provide a legal basis for funding such actions as of 2017 . __________________ 3 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 .


### finance watch was set up in 2011 as an international non - profit association under belgian law . its mission is to defend the interests of civil society in the financial sector . thanks to union grants , finance watch in a short period of time managed to set up a qualified team of experts , able to conduct studies , policy analysis and communication activities in the field of financial services . ### finance watch was set up in 2011 as an international non - profit association under belgian law , with union grants . its mission is to defend the interests of civil society in the financial sector . thanks to union grants , finance watch in a short period of time managed to set up a qualified team of experts , able to conduct studies , policy analysis and communication activities in the field of financial services .


### better finance results from successive re - organisations and rebranding of pre - existing european federations of investors and shareholders since 2009 . thanks to union grants , the organisation managed to form a financial centre of expertise , focusing mostly on the interests of consumers , individual investors , individual shareholders , savers and other end - users of financial services , in coherence with its membership base . ### better finance results from successive re - organisations and rebranding of pre - existing european federations of investors and shareholders since 2009 . thanks to union grants , the organisation managed to form a financial centre of expertise , focusing mostly on the interests of consumers , individual investors , individual shareholders , savers and other end - users of financial services , in coherence with its membership base and its resources .


### the evaluation of the pilot project and the subsequent preparatory action carried out in 2015 concluded that the policy objectives have been generally achieved . finance watch and better finance have been working on complementary policy areas and targeted different audiences . together they have covered , through their activities , most of the union financial political agenda since 2012 . ### the evaluation of the pilot project and the subsequent preparatory action carried out in 2015 concluded that the policy objectives concerning the financial sector , have been generally achieved . finance watch and better finance have been working on complementary policy areas and targeted different audiences . together they have covered , through their activities , most of the union financial political agenda since 2012 .


### however , despite regular efforts , both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry , and , therefore , remain heavily dependent on union funding . co - funding from the union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years , providing financial stability to those organisations who have so far managed to start - up their relevant activities in a short period of time . it is therefore necessary to establish a union programme for the period 2017 - 2020 to support the activities of finance watch and better finance . ### however , despite regular efforts , both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry , and , therefore , remain heavily dependent on union funding , in order to be financially sustainable . co - funding from the union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years , providing financial stability to those organisations who have so far managed to start - up their relevant activities in a short period of time . it is therefore necessary to establish a union programme for the period 2017 - 2020 to support the activities of finance watch and better finance .


### continuing funding of finance watch and better finance for the period 2017 - 2020 along the same lines as for the preparatory action would ensure that the positive impacts of the activities of those organisations assessed so far are maintained . the financial envelope for the implementation of the programme should be based on the average actual costs incurred by each beneficiary between 2012 and 2015 . the co - funding rate should remain unchanged . ### continuing funding of finance watch and better finance for the period 2017 - 2020 along the same lines as for the preparatory action would ensure that the positive impacts of the activities of those organisations assessed so far , in the financial sector , are maintained . the financial envelope for the implementation of the programme should be based on the average actual costs incurred by each beneficiary between 2012 and 2015 . the co - funding rate should remain unchanged .


### in order to implement the programme , the commission shall adopt annual work programmes . those annual work programmes shall set out the objectives to be pursued , the expected results of the actions performed by the beneficiaries , the method of implementation of those actions and the total amount required to perform those actions . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall set out priorities and essential award criteria . the maximum rate of co - financing shall be 60% of eligible costs . ### the commission shall implement the programme by means of annual work programmes in accordance with regulation no 966 / 2012 of the european parliament and of the council . the annual work programmes shall set out the objectives pursued , the expected results , the method of implementation and the total amount of the financing plan . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall include priorities and the essential award criteria and maximum rate of co - financing . the maximum rate of direct co - financing shall be 60% of eligible costs . the maximum rate of cumulative non - direct union funding shall not exceed 70% of eligible costs of the beneficiary and the commission shall limit its annual contribution awarded under this programme to comply with this maximum amount .


### no later than twelve months before the end of the programme , the commission shall submit to the european parliament and the council an evaluation report on the achievement of the programme ' s objectives . that report shall appraise the overall relevance and added value of the programme , the effectiveness and efficiency of its execution and the overall and individual effectiveness of the beneficiaries ' performance in terms of achievements of the objectives set out in article 2 . ### no later than eighteen months before the end of the programme , the commission shall submit to the european parliament and the council a mid - term evaluation report on the results obtained , on the quantitative and qualitative aspects of implementation of the programme and achievement of the programme ' s objectives . the report shall appraise the overall relevance and added value of the programme , the effectiveness and efficiency of its execution and the overall and individual effectiveness of the beneficiaries ' performance in terms of achievements of the objectives set out in article 2 . the mid - term evaluation report shall , in addition , make an assessment with regard to a possible prolongation or renewal of the programme .


### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . ### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , stimulating productivity , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . in implementing the regulation , member states should endeavour not to limit foreign direct investment in non - strategic sectors unnecessarily .


### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment on the grounds of security or public order , subject to certain requirements . ### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , foreign direct investments may have trade restrictive effects , if undertaken for national security reasons only ;


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this legal certainty should not interfere with the sole responsibility of member states to mandate and control the national security of their respective countries and should have due account for the provisions of article 346 tfeu .


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty for investors and to ensure coordination and cooperation between member states and the commission by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security , and for judging what is necessary to protect their essential security interests .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to monitor and address any risk to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances .


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


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should consider all relevant factors , including the effects on critical infrastructure , implications for national defence and the european defence industries , critical technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also take into account whether a foreign investor is controlled directly or indirectly by the government of a third country , bearing in mind that effective control can also stem from the use of extended credit and lending by the government of a third country or a state - owned financial institution , or any other state - owned enterprise of a third country .


### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . ### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of reasonable timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions , provided that the legal system of the member state concerned is not called into question , and that highly sensitive information is not made publicly available .


### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . ### it is appropriate for member states to lay down the essential elements of the procedural framework for the screening of foreign direct investment to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a coordination mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states can also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue a non - binding opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . this non - binding opinion shall not be made public .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , and critical technologies . for greater clarity , an indicative and non - exhaustive list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .


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


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


### the communication and cooperation at member state and union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each member state . ### the communication and cooperation at member state and union level should be ensured through the establishment of contact points for the screening of foreign direct investments in each member state , which should be coordinated by a central contact point . it should be possible for member states to use the contact points inter alia to obtain information from the commission about the ultimate investors and the ultimate host countries of the foreign direct investments in other member states .


### member states and the commission should take all necessary measures to ensure the protection of confidential and other sensitive information . ### member states and the commission should take all necessary measures for and take responsibility for ensuring the protection of confidential and other sensitive information .


### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . ### each year after the entry into force of this regulation , the commission should present the european parliament and the council with a report on the application of this regulation . that report should contain relevant information about the way the member states and the commission have used their screening systems . no later than three years after the entry into force of this regulation , the commission should present the european parliament and the council with an in - depth assessment of the frameworks for screening foreign direct investments and developments in screening systems in non - eu jurisdictions in europe , accompanied , where appropriate , by a legislative proposal .


### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ; ### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry out an economic activity in the territory or the exclusive economic zone of a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ;


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of security or public order , member states and the commission shall consider the potential effects , direct and indirect , on , inter alia :


### member states may maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions . ### member states shall maintain , amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions including those that relate to situations where , despite being registered in a member state , an undertaking is effectively controlled or owned by nationals of a third country .


### foreign direct investments screened and undergoing screening ; ### foreign direct investments screened and undergoing screening , including on projects and programmes of union interest ;


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes&#160 ; of union interest on grounds of security or public order , the commission may issue a non - binding&#160 ; opinion addressed to the member state where the foreign direct investment is planned or has been completed . this opinion should not be made publicly available .


### the commission may request from the member state where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1 . ### at the request of the commission , the member state where the foreign direct investment is planned or has been completed shall deliver the relevant information referred to in article 10 .


### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than 3 years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . ### each year after . . . [ date of the entry into force of this regulation ] , the commission shall present to the european parliament and the council a report on the application of this regulation setting out relevant information on the activities of member states ' and the commission ' s filtering systems . no later than . . . [ date three years after the entry into force of this regulation ] , the commission shall submit to the european parliament and the council an in - depth assessment of the frameworks for filtering foreign direct investment in europe and developments in filtering systems in non - eu jurisdictions , accompanied , where appropriate , by a legislative proposal .


### most mercury emissions and associated exposure risks result from anthropogenic activities , including primary mercury mining and processing , the use of mercury in products , industrial processes and artisanal and small - scale gold mining and mercury emissions originating in particular from coal combustion and the management of mercury waste . ### many mercury emissions and associated exposure risks result from anthropogenic activities , including primary mercury mining and processing , the use of mercury in products , industrial processes and artisanal and small - scale gold mining and mercury emissions originating in particular from coal combustion and the management of mercury waste .


### the strategy establishes that the negotiation and conclusion of an international legally - binding instrument should be a priority as union action alone cannot guarantee effective protection of the citizens of the union against the negative health effects of mercury . ### the strategy establishes that the negotiation and conclusion of an international instrument should be a priority as union action alone cannot guarantee effective protection of the citizens of the union against the negative health effects of mercury .


### the production of sodium or potassium methylate or ethylate shall be carried out in accordance with the following requirements : ### the production of potassium methylate or ethylate and vinyl chlorid monomer shall be carried out in accordance with point of part i and the following requirements :


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


### assist , advise and cooperate with the commission as well as nras , on request or on its own initiative , on any technical matter within its mandate , and assist and advise the european parliament and the council on request ; ### assist , advise , including by means of reports , and cooperate with the nras and the commission , on request or on its own initiative , on any matter regarding electronic communications within its competence ;


### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 . ### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may , where appropriate , consult the relevant nras and cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations .


### the support to the union ' s intervention in this area was expressed by the council60 and , by the european parliament61 . moreover , in 2017 nine member states signed the eurohpc declaration62 , a multi - government agreement where they commit to collaborate with the commission to build and deploy state - of - the - art hpc and data infrastructures in europe that would be available across the union for scientific communities , public and private partners . ### the support to the union ' s intervention in this area was expressed by the council and , by the european parliament . moreover , in 2017 nine member states , and since then another thirteen member states , signed the eurohpc declaration , a multi - government agreement where they commit to collaborate with the commission to build and deploy state - of - the - art hpc and data infrastructures in europe that would be available across the union for scientific communities , public and private partners .


### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes . ### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level , however should continue to be supported also at member states level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes .


### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to european citizens and businesses . the programme will : ### the programme has the following general objective : to support the digital transformation of the european economy , industry , mobility and society and bring its benefits to european citizens and businesses . the programme shall also aim to reinforce the strategic autonomy of the union . the programme will :


### deploy , coordinate at the union level and operate an integrated world - class exascale77 supercomputing and data infrastructure in the union that shall be accessible on a non - commercial basis to public and private users and for publicly funded research purposes ; _________________ 77 billions of billions of floating operations per second ### deploy , coordinate at the union level and operate an integrated world - class exascale77 supercomputing and data infrastructure in the union that shall be accessible to all businesses and public administrations , on a non - commercial basis to public and private users and for publicly funded research purposes ; _________________ 77 billions of billions of floating operations per second


### build up and strengthen core artificial intelligence capacities in the union , including data resources and libraries of algorithms in compliance with data protection legislation ; ### build up and strengthen core artificial intelligence capacities in the union , by respecting geographical balance in accordance with point of article 20 , including data resources and libraries of algorithms in compliance with data protection legislation ;


### make those capacities accessible to all businesses and public administrations ; ### make those capacities accessible to all businesses and public administrations , including universities and research or innovation centres ;


### reinforce and network existing artificial intelligence testing and experimentation facilities in member states ; ### reinforce and network existing artificial intelligence testing and experimentation facilities in member states , including existing and newly established high performance computing centres ;


### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in full compliance with data protection legislation ; ### support , together with member states , the procurement of advanced cybersecurity equipment , tools and data infrastructures in full compliance with data protection legislation , &#160 ; including those from existing and newly established high performance computing centres ;


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of long - term trainings and courses for students , educators , it professionals and the workforce ;


### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders and the workforce ; ### support the design and delivery of short - term trainings and courses for it professionals , educators , entrepreneurs , small business leaders and the workforce ;


### build up and strengthen the network of digital innovation hubs . ### build up and strengthen the network of digital innovation hubs ; where possible , the hubs should be built on and cooperate with existing national and european structures .


### during the first year of the implementation of the programme , an initial network of digital innovation hubs shall be established . ### during the first year of the implementation of the programme , an initial network of digital innovation hubs shall be established . where possible , the network should be built on and cooperate with existing national and european structures .


### appropriate competences related to the functions of the digital innovation hubs ; ### appropriate competences related to the functions of the digital innovation hubs ; where possible , including experience with managing existing structures ;


### the commission shall adopt a decision on the selection of entities forming the initial network . these entities shall be selected by the commission from candidate entities designated by member states on the basis of the criteria mentioned in paragraph 2 and the following additional criteria : ### the commission , taking utmost account of the recommendation adopted by an advisory group composed of representatives of member states , shall adopt a decision on the selection of entities forming the initial network , where at least one entity per member state shall be represented . these entities shall be selected by the commission from candidate entities designated by member states on the basis of the criteria mentioned in paragraph 2 and the following additional criteria :


### where applicable , a balanced geographical distribution across the union , including the outermost regions ; ### where applicable , a balanced geographical distribution across the union and associated countries , including the union ' s outermost regions ;


### a joint procurement framework for an integrated network of world - class hpc including exascale supercomputing and data infrastructure . it will be accessible on a non - economic basis to public and private users and for publicly funded research purposes . ### a joint procurement framework for an integrated network of world - class hpc including exascale supercomputing and data infrastructure . it will be accessible to all businesses and public administrations , and on a non - economic basis to public and private users and for publicly funded research purposes .


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should only target investments that are expected to be economically and technically viable and are thus are expected to repay creditors in order to avoid the socialisation of losses and the privatisation of gains . such investments may entail a degree of appropriate risk whilst still meeting the particular requirements for efsi financing .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi guarantee should be made by the investment committee , in conformity with the objectives laid down in this regulation . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the independence of the investment committee is a key factor in ensuring the trust and the participation of the private sector in the investment plan . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and mid - cap companies .


### in order to enable the efsi to support investments , the union should grant a guarantee of an amount equal to eur 16 000 000 000 . when provided on a portfolio basis , the guarantee coverage should be capped depending upon the type of instrument , such as debt , equity or guarantees , as a percentage of the volume of the portfolio of outstanding commitments . it is expected that when the guarantee is combined with eur 5 000 000 000 to be provided by the eib , that the efsi support should generate eur 60 800 000 000 additional investment by the eib and eif . this eur 60 800 000 000 supported by the efsi is expected to generate a total of eur 315 000 000 000 in investment in the union within the period 2015 to 2017 . guarantees that are attached to projects which are completed without a call on a guarantee are available for supporting new operations . ### in order to enable the efsi to support investments , the union should grant a temporary guarantee of an amount less or equal to eur 8 000 000 000 at any point in time . when provided on a portfolio basis , the guarantee coverage should be capped depending upon the type of instrument , such as debt , equity or guarantees , as a percentage of the volume of the portfolio of outstanding commitments .


### in order to cover the risks related to the eu guarantee to the eib , a guarantee fund should be established . the guarantee fund should be constituted by a gradual payment from the union budget . the guarantee fund should subsequently also receive revenues and repayments from projects that benefit from efsi support and amounts recovered from defaulting debtors where the guarantee fund has already honoured the guarantee to the eib . ### in order to cover the risks related to the eu guarantee to the eib , a guarantee fund should be established . the guarantee fund should be constituted by a gradual payment from the union budget , whilst fully respecting the relevant multiannual financial framework ceilings and authorised by the annual budgetary procedure . the guarantee fund should subsequently also receive revenues in proportion with its risk - taking and repayments from projects that benefit from efsi support and amounts recovered from defaulting debtors where the guarantee fund has already honoured the guarantee to the eib .


### eib funding to the eif enabling it to undertake loans , guarantees , counter - guarantees , any other form of credit enhancement instrument , capital market instruments and equity or quasi - equity participations . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , in compliance with this regulation and where eif financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled . ### eib funding to the eif enabling it to undertake loans , guarantees , counter - guarantees , any other form of credit enhancement instrument , capital market instruments and equity or quasi - equity participations . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , in compliance with this regulation and where eif financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled and respecting the timing specified in article 5 .


### from 1 january 2019 , if as a result of calls on the guarantee , the level of the guarantee fund falls below 50% of the target amount , the commission shall submit a report on exceptional measures that may be required to replenish it . ### if as a result of calls on the guarantee , the level of the guarantee fund falls below 50% of the target amount , the commission shall submit a report on exceptional measures that may be required to replenish it while fully respecting the mff .


### the eib , in cooperation with the eif as appropriate , shall report semi - annually to the commission on eib financing and investment operations under this regulation . the report shall include an assessment of compliance with the requirements on the use of the eu guarantee and the key performance indicators established pursuant to article 2 . the report shall also include statistical , financial and accounting data on each eib financing and investment operation and on an aggregated basis . ### the eib , in cooperation with the eif as appropriate , shall report semi - annually to the commission on eib financing and investment operations under this regulation . the report shall include an assessment of compliance with the requirements on the use of the eu guarantee and especially the principle of additionality . the report shall also include statistical , financial and accounting data on each eib financing and investment operation and on an aggregated basis .


### the eib , in cooperation with the eif as appropriate , shall report annually to the european parliament and to the council on eib financing and investment operations . the report shall be made public and include : ### the eib , in cooperation with the eif as appropriate , shall report annually to the european parliament and to the council on eib financing and successful and unsuccessful investment operations . the report shall be made public and include :


### the commission shall , by 30 june of each year , send to the european parliament , the council and the court of auditors an annual report on the situation of the guarantee fund and the management thereof in the previous calendar year . ### the commission shall , by 30 june of each year until the end of the programme , send to the european parliament , the council and the court of auditors an annual report on the situation of the guarantee fund and the management thereof in the previous calendar year , including an assessment of the adequacy of the target amount , of the level of the guarantee fund and of the need for replenishment of the guarantee fund . the annual report shall contain the presentation of the financial position of the guarantee fund at the end of the previous year , the financial flows during the previous calendar year as significant transactions and any relevant information on the financial accounts . the report will also include information about the financial management , the performance and the risk of the fund at the end of the previous year . .


### at the latest [ po insert date : 18 months after the entry into force of this regulation ] the eib shall evaluate the functioning of the efsi . the eib shall submit its evaluation to the european parliament , the council and the commission ; ### within 3 years after the entry into force of this regulation , the commission shall submit to the european parliament and the council a report containing an independent evaluation of the application of this regulation .


### the eib , in cooperation with the eif as appropriate , shall contribute to and provide the necessary information for the commission evaluation and report under paragraph 1 and 2 respectively . ### the eib , in cooperation with the eif as appropriate , shall contribute to and provide the necessary information for the commission evaluation and report under paragraph 1 .


### at union level , interoperability facilitates successful implementation of policies . the following policies in particular rely on interoperability for their effective and efficient implementation : ### at union level , interoperability can facilitate successful implementation of policies with a relevant cross - border dimension . the following policies in particular rely on interoperability for their effective and efficient implementation :


### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises . in order to mitigate this risk , member states and the union should step up joint efforts to avoid market fragmentation and ensure cross - border or cross - sector interoperability in the implementation of legislation , while reducing administrative burdens and costs , and promote commonly agreed ict solutions , while ensuring appropriate governance . ### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises . however it is important to recognise that there is a need for a targeted approach to the adoption of solutions regarding interoperability , given the different challenges posed by different policy objectives . in order to mitigate this risk , member states and the commission should , in conjunction , put in place targeted programmes to ensure that , where necessary , policies with a cross - border dimension are implemented appropriately through the development of interoperable systems .


### solutions established or operated under the present isa2 programme should , as far as possible , form part of a consistent environment of services facilitating interaction between european public administrations , enterprises and citizens , and ensuring , facilitating and enabling cross - border or cross - sector interoperability . ### solutions established or operated under the present isa2 programme should enhance the implementation of union policies which have a cross - border dimension .


### citizens and enterprises should also benefit from common , re - usable and interoperable front - office services resulting from better integration of processes and exchange of data through the european public administrations’ back - offices . ### in some targeted , specific cases , interoperable systems may help the public administrations of member states , which are required to implement union policies with a cross - border dimension , to become more accessible and transparent for citizens and enterprises .


### the isa2 programme should be an instrument for public - sector modernisation in the union . ### the isa2 programme is one of the many instruments for the encouragement of public - sector modernisation in the union .


### regulation no 1303 / 2013 includes a thematic objective of ‘ enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’ . in this context , the isa2 programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e . g . the dae , and related networks like e . g . the european public administration network and seek synergies with them . ### regulation no 1303 / 2013 includes a thematic objective of ‘ enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’ . in this context , the isa2 programme should tie into programmes and initiatives with a cross - border dimension contributing to the modernisation of public administrations like e . g . the dae , and related networks like e . g . the european public administration network .


### interoperability of european public administrations concerns all levels of administration : european , local , regional and national . it is therefore important that solutions take into account their respective needs , as well as those of citizens and enterprises where relevant . ### interoperability of european public administrations concerns those levels of administration which are tasked with implementing a union policy with a cross - border dimension : european , local , regional and national . it is therefore important that solutions take into account their respective needs , as well as those of citizens and enterprises where relevant , and only be implemented if there is a need and clear demand for them .


### the isa2 programme shall facilitate efficient and effective electronic cross - border or cross - sector interaction between european public administrations and between them and citizens and businesses , in order to enable the delivery of electronic public services supporting the implementation of union policies and activities . ### the isa2 programme shall facilitate , at the request of member states , efficient and effective electronic cross - border or cross - sector interaction between european public administrations and between them and citizens and businesses , in order to enable the delivery of electronic public services supporting the implementation of union policies and activities .


### through the isa2 programme , the union shall identify , create and operate interoperability solutions implementing union policies . these solutions shall subsequently be provided for unlimited use to other union institutions and bodies , and to national , regional and local public administrations , thus facilitating cross - border or cross - sector interaction between them . ### through the isa2 programme , the commission , in conjunction with the member states , represented by the committee on interoperability solutions for european public administrations , businesses and citizens established under regulation no 182 / 2011 , shall identify , create and operate interoperability solutions implementing union policies , where such solutions have been identified as being useful , cost - efficient and in demand . these solutions shall subsequently be provided for use to other union institutions and bodies , and to national , regional and local public administrations , thus facilitating cross - border or cross - sector interaction between them , where such solutions have been identified as being useful , cost - efficient and in demand .


### the isa2 programme succeeds the union programme on interoperability solutions for public administrations established by decision no 922 / 2009 / ec and shall consolidate , promote and expand its activities . ### the isa2 programme succeeds the union programme on interoperability solutions for public administrations established by decision no 922 / 2009 / ec and shall consolidate , promote and expand its activities , where such solutions have been identified as being useful , cost - efficient and in demand .


### ' interoperability ' means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals , involving the sharing of information and knowledge between the organisations , through the business processes they support , by means of the exchange of data between their respective information and communication technology systems ; ### ' interoperability ' means the ability of different organisations to interact towards mutually beneficial and agreed common goals , involving the sharing of information and knowledge between the organisations , through the business processes they support , by means of the exchange of data between their respective information and communication technology systems ;


### ’interoperability solutions’ means common frameworks , common services and generic tools facilitating cooperation between disparate and diverse organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ; ### ’interoperability solutions’ means common frameworks , common services and generic tools facilitating cooperation between different organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ;


### actions launched or continued under the isa2 programme shall : ### the isa2 committee shall decide which actions launched or continued under the isa2 programme shall continue . the decision to launch or continue an action shall be based upon whether such solutions have been identified as being useful , cost - efficient and in demand . when making a decision to launch an action , the isa2 committee shall consider , inter alia , the following principles :


### actions in the form of projects shall , where appropriate , consist of the following phases : ### where appropriate , actions in the form of projects may consist of multiple phases :


### the phases of specific projects shall be defined and specified at the time when the action is included in the rolling work programme . ### the phases of specific projects may be defined and specified at the time when the action is included in the rolling work programme . it should be possible to terminate a project at any point , should it no longer be needed or considered effective .


### in the implementation of the isa2 programme , due consideration shall be given to the european interoperability strategy , the european interoperability framework and their future updates . ### in the implementation of the isa2 programme , solutions shall only be developed if they are fully in line with the european interoperability strategy , the european interoperability framework and their future updates .


### all actions and interoperability solutions funded under the isa2 programme shall be encouraged , where appropriate , to re - use available interoperability solutions . ### all actions and interoperability solutions funded under the isa2 programme shall , where appropriate , re - use available interoperability solutions .


### the rolling work programme shall identify , prioritise , document , select , design , implement and evaluate the actions referred to in article 5 , as well as promote their results . ### the rolling work programme shall cover the actions referred to in article 5 .


### the inclusion of actions in the rolling work programme shall be subject to compliance with a set of rules and admission criteria before being included in the rolling work programme . those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme . ### the inclusion of actions in the rolling work programme shall be subject to compliance with a set of selection criteria , as set out in article 6a , before being included in the rolling work programme . the actions of the rolling work programme shall be prioritised in accordance with article 6b . those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme .


### the programme shall be subject to an interim evaluation and a final evaluation , the results of which shall be communicated to the european parliament and the council by 31 december 2018 and 31 december 2021 respectively . in this context , the responsible committee of the parliament may invite the commission to present the evaluation results and answer questions raised by its members . ### the programme shall be subject to an interim evaluation and a final evaluation , each of which shall be accompanied by a thorough impact assessment , and the results of which shall be communicated to the european parliament and the council by 31 december 2018 and 31 december 2021 respectively . in this context , the responsible committee of the parliament may invite the commission to present the evaluation results and answer questions raised by its members .


### this directive should also contribute to the achievement of the air quality objectives set in union legislation and to the mitigation of climate change impacts by reducing emissions of short - lived climate pollutants as well as to the improvement of air quality globally . ### this directive should also contribute to the achievement , in a cost - effective manner , of the air quality objectives set in union legislation and to the mitigation of climate change impacts by reducing emissions of short - lived climate pollutants as well as to the improvement of air quality globally .


### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council . 21 member states should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### in order to promote cost - effective achievement of the national emission reduction commitments , member states should have the possibility to jointly meet their commitments regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of such flexibility by a member state , should the conditions set out in this directive not be met . __________________ 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


### ‘ non - methane volatile organic compounds’ means all organic compounds of an anthropogenic nature , other than methane , that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight ; ### ‘ non - methane volatile organic compounds’ means all organic compounds of an anthropogenic origin , other than methane , that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight ;


### the following emissions are not accounted for the purpose of complying with paragraphs 1 and 2 : ### the following emissions are not taken into account for the purpose of complying with paragraph 1 :


### where the commission has raised no objections within nine months from the date of receipt of the relevant report referred to in article 7 , paragraphs 4 , 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year . where the commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria , it shall adopt a decision and inform the member state that it cannot be accepted . ### where the commission has raised no objections within six months from the date of receipt of the relevant report referred to in article 7 , paragraphs 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year . where the commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria , it shall , within nine months from the date of receipt of the relevant report , adopt a decision and inform the member state that it cannot be accepted , accompanied by an explanatory justification .


### member states shall draw up and adopt a national air pollution control programme in accordance with part 2 of annex iii in order to limit their annual anthropogenic emissions in accordance with article 4 . ### member states shall draw up and adopt a national air pollution control programme in accordance with part 2 of annex iii in order to limit their annual emissions in accordance with article 4 .


### member states shall from 2017 communicate their national emission inventories , emission projections , spatially disaggregated emission inventories , large point source inventories and reports referred to in article 7 , and and , where relevant , article 7 , and , to the commission and to the european environmental agency in accordance with the reporting dates set out in annex i . ### member states shall from 2017 communicate their national emission inventories , emission projections , spatially disaggregated emission inventories , large point source inventories and reports referred to in article 7 , and and , where relevant , article 7 and , to the commission and to the european environmental agency in accordance with the reporting dates set out in annex i .


### the delegation of power referred to in articles 6 , 7 and 8 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the power to adopt delegated acts referred to in articles 6 , 7 and 8 shall be conferred on the commission for a period of 5 years from . . . * . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five - year period . the delegation of power shall be tacitly extended for periods of identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . _______________ * oj : please insert the date of entry into force of this directive .


### member states shall lay down the rules on the penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . ### member states shall lay down the rules on the penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures by . . . * at the latest and furthermore shall notify without delay of any subsequent amendment thereto . _________________ * oj : please insert the date of transposition of this directive .


### nitrogen management , taking into account the full nitrogen cycle ; ### nitrogen management , taking into account the whole nitrogen cycle ;


### reduce emissions from slurry and solid manure application to arable land and grassland , by using methods that reduce emissions by at least 30 % compared with the reference method described in the ammonia guidance document and on the following conditions : ### reducing emissions from slurry and solid manure application to arable land and grassland , by using methods that reduce emissions by at least 30 % compared with the reference method described in the ammonia guidance document and on the following conditions :


### manures and slurries shall not be spread when the receiving land is water saturated , flooded , frozen or snow covered ; ### not spreading manures and slurries when the receiving land is water saturated , flooded , frozen or snow covered ;


### reduce emissions from manure storage outside of animal houses , by using the following approaches : ### reducing emissions from manure storage outside of animal houses , by using the following approaches :


### for slurry stores constructed after 1st january 2022 , low emission storage systems or techniques shall be used which have been shown to reduce ammonia emissions by at least 60% compared with the reference method described in the ammonia guidance document , and for existing slurry stores at least 40% ; ### for slurry stores constructed after 1st january 2022 , using&#160 ; low emission storage systems or techniques which have been shown to reduce ammonia emissions by at least 60% compared with the reference method described in the ammonia guidance document , and for existing slurry stores at least 40% ;


### reduce emissions from animal housing , by using systems which have been shown to reduce ammonia emissions by at least 20% compared with the reference method described in the ammonia guidance document . ### reducing emissions from animal housing , by using systems which have been shown to reduce ammonia emissions by at least 20% compared with the reference method described in the ammonia guidance document .


### reduce emissions from manure , by using low protein feeding strategies which have been shown to reduce ammonia emissions by at least 10% compared with the reference method described in the ammonia guidance document . ### reducing emissions from manure , by using low protein feeding strategies which have been shown to reduce ammonia emissions by at least 10% compared with the reference method described in the ammonia guidance document .


### to facilitate more consistent application of penalties , in particular in intra - union infringements , widespread infringements and widespread infringements with a union dimension referred to in regulation 2017 / 2394 , common non - exhaustive criteria should be introduced for the application of fines . these criteria should include the cross - border nature of the infringement , namely whether the infringement has harmed consumers also in other member states . any redress provided by the trader to consumers for the harm caused should also be taken into account . repeated infringements by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and , accordingly , of the need to increase the level of the penalty to achieve effective deterrence . the criterion of financial benefits gained , or losses avoided , due to the infringement is especially relevant where the national law provides for fines as penalties and sets the maximum fine as percentage of the trader’s turnover and where the infringement concerns only one or some of the markets in which the trader is operating . ### to facilitate more consistent application of penalties , in particular in intra - union infringements , widespread infringements and widespread infringements with a union dimension , as defined in regulation 2017 / 2394 , common non - exhaustive criteria should be introduced for the application of fines . any redress provided by the trader to consumers for the harm caused should be taken into account . repeated infringements by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and , accordingly , of the need to increase the level of the penalty to achieve effective deterrence . the criterion of financial benefits gained , or losses avoided , due to the infringement is especially relevant where the national law provides for fines as penalties and sets the maximum fine as percentage of the trader’s turnover and where the infringement concerns only one or some of the markets in which the trader is operating .


### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query . ### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should briefly list the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query .


### no 11 of annex i to directive 2005 / 29 / ec that prohibits hidden advertising in editorial content in media should be adjusted in order to make it clear that the same prohibition applies also where a trader provides information to a consumer in the form of search results in response to the consumer’s online search query . ### point 11 of annex i to directive 2005 / 29 / ec that prohibits hidden advertising in editorial content in media should be amended in order to make it clear that the same prohibition applies also where a trader provides information to a consumer in the form of search results in response to the consumer’s online search query where the paid content bypasses the algorithm which determines those search results . such prominent placement should be clearly marked .


### such a practice can therefore be qualified as contrary to directive 2005 / 29 / ec based on a case by case assessment of relevant elements . in order to facilitate the application of existing law by member states ' consumer and food authorities , guidance on the application of current eu rules to situations of dual quality of food products was provided in the commission notice of 26 . 9 . 2017 ' on the application of eu food and consumer protection law to issues of dual quality of products – the specific case of food ' . 46 in this context , the commission ' s joint research centre is currently developing a common approach to the comparative testing of food products . __________________ 46 c6532 . ### such a practice can therefore be qualified as contrary to directive 2005 / 29 / ec based on a case by case assessment of relevant elements . in order to facilitate the application of existing law by member states ' consumer and food authorities , guidance on the application of current union rules to situations of dual quality of food products was provided in the commission notice of 26 . 9 . 2017 ' on the application of eu food and consumer protection law to issues of dual quality of products – the specific case of food ' . 46 in this context , the commission ' s joint research centre is currently developing a common approach to the comparative testing of food products , which could have an application as a european - wide , harmonised methodology . __________________ 46 c6532 .


### while off - premises sales constitute a legitimate and well - established sales channel , like sales at a trader ' s business premises and distance–selling , some particularly aggressive or misleading marketing practices in the context of visits to the consumer ' s home without the consumer ' s prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and / or purchases at excessive prices , often involving immediate payment . such practices often target elderly or other vulnerable consumers . some member states consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off - premises sales within the meaning of directive 2011 / 83 / eu , such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer ' s home or commercial excursions , on grounds of public policy or the respect for consumers’ private life protected by article 7 of the charter of fundamental rights of the eu . in accordance with the principle of subsidiarity and in order to facilitate enforcement , it should therefore be clarified that directive 2005 / 29 / ec is without prejudice to member states ' freedom to make arrangements without the need for a case - by - case assessment of the specific practice , to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life . any such provisions should be proportionate and not discriminatory . member states should be required to notify any national provisions adopted in this regard to the commission so that the commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures . ### while off - premises sales constitute a legitimate and well - established sales channel , like sales at a trader ' s business premises and distance–selling , some particularly aggressive or misleading marketing practices in the context of visits to the consumer ' s home without the consumer ' s prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and / or purchases at excessive prices , often involving immediate payment . such practices often target elderly or other vulnerable consumers . in accordance with the principle of subsidiarity and in order to facilitate enforcement , it should therefore be clarified that directive 2005 / 29 / ec is without prejudice to member states ' freedom to make arrangements to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are proportionate , non - discriminatory and justified by overriding reasons in the public interest . any such provisions should be proportionate and not discriminatory . member states should be required to notify any national provisions adopted in this regard to the commission so that the commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures .


### the number of consumers affected , including those in other member state ; ### the number of consumers who have suffered damage in the member state concerned ;


### where appropriate , the intentional or negligent character of the infringement ; ### the intentional or negligent character of the infringement ;


### where the penalty to be imposed is a fine , the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of its amount . ### where the penalty to be imposed is a fine , any fines imposed for the same infringements of this directive in other member states shall also be taken into account in the determination of its amount .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension to be imposed following the conclusion of a coordinated action launched in accordance with chapter iv of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be 4 % of the trader ' s annual turnover in the member state or member states concerned .