### (26) the commission should regularly monitor the functioning of the eu single window environment for customs to evaluate the performance of eu csw-certex and to ensure the efficient enforcement of union non-customs formalities covered by eu csw-certex. the commission should submit regular assessment reports on the functioning of the eu single window environment for customs to the european parliament and to the council. those reports should take stock of progress , identify areas for improvement and propose recommendations for the future in light of progress made towards an improved digital collaboration between customs and partner competent authorities involved in goods clearance to ensure simplified processes for economic operators and the efficient enforcement of union non-customs formalities. ### (26) the commission should regularly monitor the functioning of the eu single window environment for customs to evaluate the performance of eu csw-certex and to ensure the efficient enforcement of union non-customs formalities covered by eu csw-certex. the commission should submit regular assessment reports on the functioning of the eu single window environment for customs to the european parliament and to the council. those reports should take stock of progress , identify areas for improvement and propose recommendations for the future in light of progress made towards an improved digital collaboration between customs and partner competent authorities involved in goods clearance to ensure simplified processes for economic operators and the efficient enforcement of union non-customs formalities. the commission should also regularly monitor the need to update the list of union non-customs formalities and union non-customs systems to ensure a comprehensive coverage of all areas linked to the fields covered by this regulation. the commission should submit regular reports on the results of this monitoring , including the review of the legislative developments , to the european parliament and to the council.


### digital cooperation - information exchange and other procedural rules ### digital cooperation - information exchange , other procedural rules , data sharing and cybersecurity framework


### other procedural rules for the union non-customs formalities ### other procedural rules for the union non-customs formalities , data sharing and cybersecurity framework


### 3. by 31 december 2027 and every three years thereafter , the commission shall submit to the european parliament and to the council a report on the implementation of this regulation. the report shall also include information on the monitoring and evaluation carried out in accordance with paragraphs 1 and 2 , respectively. ### 3. by 31 december 2027 and every three years thereafter , the commission shall submit to the european parliament and to the council a report on the implementation of this regulation. the report shall also include information on the monitoring and evaluation carried out in accordance with paragraphs 1 and 2 , respectively and shall also include the review of the legislative developments.


### (2) despite existing measures at union19 and national level aimed at supporting the protection of critical infrastructures in the union , the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. this is due to a dynamic threat landscape with an evolving terrorist threat and growing interdependencies between infrastructures and sectors , as well as an increased physical risk due to natural disasters and climate change , which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. moreover , relevant sectors and types of entities are not recognised consistently as critical in all member states. ### (2) despite existing measures at union19 and national level aimed at supporting the protection of critical infrastructures in the union , the entities operating those infrastructures are not always adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. this is due to a dynamic threat landscape with evolving manmade threats , such as terrorism and cyber attacks , and growing interdependencies between infrastructures and sectors , as well as an increased physical risk due to natural disasters and climate change , which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. moreover , relevant sectors and types of entities are not recognised consistently as critical in all member states.


### (4) the entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the member states. the fact that some member states have less stringent security requirements on these entities not only risks impacting negatively on the maintenance of vital societal functions or economic activities across the union , it also leads to obstacles to the proper functioning of the internal market. similar types of entities are considered as critical in some member states but not in others , and those which are identified as critical are subject to divergent requirements in different member states. this results in additional and unnecessary administrative burdens for companies operating across borders , notably for companies active in member states with more stringent requirements. ### (4) the entities involved in the provision of essential services are subject to diverging requirements imposed under the laws of the member states. the fact that some member states have less stringent security requirements on these entities not only risks impacting negatively on the maintenance of vital societal functions or economic activities across the union , it also leads to obstacles to the proper functioning of the internal market. similar types of entities are considered as critical in some member states but not in others , and those which are identified as critical are subject to divergent requirements in different member states. this results in additional and unnecessary administrative burdens for companies operating across borders , notably for companies active in member states with more stringent requirements.


### (5) it is therefore necessary to lay down harmonised minimum rules to ensure the provision of essential services in the internal market and enhance the resilience of critical entities. ### (5) it is therefore necessary to lay down harmonised minimum rules to ensure the provision of essential services in the internal market and enhance the resilience of critical entities. it is essential that those rules are future-proof.


### (11) the actions of member states to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. in order to ensure such a targeted approach , each member state should carry out , within a harmonised framework , an assessment of all relevant natural and man-made risks that may affect the provision of essential services , including accidents , natural disasters , public health emergencies such as pandemics , and antagonistic threats , including terrorist offences. when carrying out those risk assessments , member states should take into account other general or sector-specific risk assessment carried out pursuant to other acts of union law and should consider the dependencies between sectors , including from other member states and third countries. the outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this directive. ### (11) the actions of member states to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. in order to ensure such a targeted approach , each member state should carry out , within a harmonised framework , an assessment of all relevant natural and man-made risks that may affect the provision of essential services , including accidents , natural disasters , public health emergencies such as pandemics , and antagonistic threats , including threats from or sabotage by insiders and terrorist offences. when carrying out those risk assessments , member states should take into account other general or sector-specific risk assessment carried out pursuant to other acts of union law and should consider the dependencies between sectors , including from other member states and third countries. the outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this directive.


### (11) the actions of member states to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. in order to ensure such a targeted approach , each member state should carry out , within a harmonised framework , an assessment of all relevant natural and man-made risks that may affect the provision of essential services , including accidents , natural disasters , public health emergencies such as pandemics , and antagonistic threats , including terrorist offences. when carrying out those risk assessments , member states should take into account other general or sector-specific risk assessment carried out pursuant to other acts of union law and should consider the dependencies between sectors , including from other member states and third countries. the outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this directive. ### (11) the actions of member states to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. in order to ensure such a targeted approach , each member state should carry out , within a harmonised framework , an assessment of all relevant natural and man-made risks that may affect the provision of essential services , including accidents , natural disasters , public health emergencies such as pandemics , and antagonistic threats , including terrorist offences. when carrying out those risk assessments , member states should take into account other general or sector-specific risk assessment carried out pursuant to other acts of union law and should consider the dependencies between sectors , including from other member states and third countries. while the civil emergency planning committee of nato can serve as an important ally in this task as it has outlined the seven key resilience preparedness factors that are taken into account when measuring resilience. the outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this directive.


### (12) in order to ensure that all relevant entities are subject to those requirements and to reduce divergences in this respect , it is important to lay down harmonised rules allowing for a consistent identification of critical entities across the union , while also allowing member states to reflect national specificities. therefore , criteria to identify critical entities should be laid down. in the interest of effectiveness , efficiency , consistency and legal certainty , appropriate rules should also be set on notification and cooperation relating to , as well as the legal consequences of , such identification. in order to enable the commission to assess the correct application of this directive , member states should submit to the commission , in a manner that is as detailed and specific as possible , relevant information and , in any event , the list of essential services , the number of critical entities identified for each sector and subsector referred to in the annex and the essential service or services that each entity provides and any thresholds applied. ### (12) in order to ensure that all relevant entities are subject to those requirements and to reduce divergences in this respect , it is important to lay down harmonised minimum rules allowing for a consistent identification of critical entities across the union , while also allowing member states to reflect national specificities. therefore , criteria to identify critical entities should be laid down. in the interest of effectiveness , efficiency , consistency and legal certainty , appropriate rules should also be set on notification and cooperation relating to , as well as the legal consequences of , such identification. in order to enable the commission to assess the correct application of this directive , member states should submit to the commission , in a manner that is as detailed and specific as possible and taking into account security requirements , relevant information and , in any event , the list of essential services , the number of critical entities identified for each sector and subsector referred to in the annex and the essential service or services that each entity provides and any thresholds applied.


### (16) member states should designate authorities competent to supervise the application of and , where necessary , enforce the rules of this directive and ensure that those authorities are adequately empowered and resourced. in view of the differences in national governance structures and in order to safeguard already existing sectoral arrangements or union supervisory and regulatory bodies , and to avoid duplication , member states should be able to designate more than one competent authority. in that case , they should however clearly delineate the respective tasks of the authorities concerned and ensure that they cooperate smoothly and effectively. all competent authorities should also cooperate more generally with other relevant authorities , both at national and union level. ### (16) member states should designate authorities competent to supervise the application of and , where necessary , enforce the rules of this directive and ensure that those authorities are adequately empowered and resourced. in view of the differences in national governance structures and in order to safeguard already existing sectoral arrangements or union supervisory and regulatory bodies , and to avoid duplication , member states should be able to designate more than one competent authority. in that case , they should however clearly delineate the respective tasks of the authorities concerned and ensure that they cooperate smoothly and effectively , including across borders. all competent authorities should also cooperate more generally with other relevant authorities , both at national and union level.


### (20) in order to be able to ensure their resilience , critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. to that aim , they should carry out risks assessments , whenever necessary in view of their particular circumstances and the evolution of those risks , yet in any event every four years. the risk assessments by critical entities should be based on the risk assessment carried out by member states. ### (20) in order to be able to ensure their resilience , critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. to that aim , they should carry out risks assessments , whenever necessary in view of their particular circumstances and the evolution of those risks , yet in any event every four years. the risk assessments by critical entities should be based on the risk assessment carried out by member states. they should also be based on common specifications and methodologies for each sector. they should include minimum indicators , in order to avoid further divergences between member states , and contingency protocols.


### (25) critical entities should notify , as soon as reasonably possible under the given circumstances , member states’ competent authorities of incidents that significantly disrupt or have the potential to significantly disrupt their operations. the notification should allow the competent authorities to respond to the incidents rapidly and adequately and to have a comprehensive overview of the overall risks that critical entities face. for that purpose , a procedure should be established for the notification of certain incidents and parameters should be provided for to determine when the actual or potential disruption is significant and the incidents should thus be notified. given the potential cross-border impacts of such disruptions , a procedure should be established for member states to inform other affected member states via single points of contacts. ### (25) critical entities should notify , as soon as reasonably possible under the given circumstances but no later than 24 hours after the discovery , member states’ competent authorities of incidents that significantly disrupt or have the potential to significantly disrupt their operations. the notification should allow the competent authorities to respond to the incidents rapidly and adequately and to have a comprehensive overview of the overall risks that critical entities face. for that purpose , a procedure should be established for the notification of certain incidents and parameters should be provided for to determine when the actual or potential disruption is significant and the incidents should thus be notified. given the potential cross-border impacts of such disruptions , a procedure should be established for member states to inform other affected member states via single points of contacts.


### lays down obligations for member states to take certain measures aimed at ensuring the provision in the internal market of services essential for the maintenance of vital societal functions or economic activities , in particular to identify critical entities and entities to be treated as equivalent in certain respects , and to enable them to meet their obligations; ### lays down obligations for member states to take specified measures aimed at ensuring the provision in the internal market of services essential for the maintenance of vital societal functions or economic activities , in particular to identify critical entities and entities to be treated as equivalent in certain respects , and to enable them to meet their obligations;


### (5) “essential service” means a service which is essential for the maintenance of vital societal functions or economic activities; ### (5) “essential service” means a service which is essential for the maintenance of vital societal functions or economic activities and the provision of that service or of other essential services would be significantly disrupted by an incident;


### (6) “risk” means any circumstance or event having a potential adverse effect on the resilience of critical entities; ### (6) “risk” means any circumstance or event having a potential adverse effect on the ability of critical entities to perform their function;


### competent authorities designated pursuant to article 8 shall establish a list of essential services in the sectors referred to in the annex. they shall carry out by [three years after entry into force of this directive] , and subsequently where necessary , and at least every four years , an assessment of all relevant risks that may affect the provision of those essential services , with a view to identifying critical entities in accordance with article 5(1) , and assisting those critical entities to take measures pursuant to article 11. ### competent authorities designated pursuant to article 8 shall establish a list of essential services in the sectors referred to in the annex. they shall carry out by [three years after entry into force of this directive] , and subsequently where necessary , and at least every four years , an assessment of all relevant risks with a view to identifying essential services , and the corresponding critical entities in accordance with article 5(1) and assisting those critical entities to take measures pursuant to article 11.


### the risk assessment shall account for all relevant natural and man-made risks , including accidents , natural disasters , public health emergencies , antagonistic threats , including terrorist offences pursuant to directive (eu) 2017/541 of the european parliament and of the council34 . ### the risk assessment shall account for all relevant natural and man-made risks , including accidents , natural disasters , public health emergencies , antagonistic threats , including terrorist offences pursuant to directive (eu) 2017/541 of the european parliament and of the council34 . whereas the emphasis on maintaining continuity of government , energy supply , population movement , water and food resources , emergency response , civil transportation and communications systems are the most essential components to maintaining resilience in the event of a crisis.


### the risk assessment shall account for all relevant natural and man-made risks , including accidents , natural disasters , public health emergencies , antagonistic threats , including terrorist offences pursuant to directive (eu) 2017/541 of the european parliament and of the council34 . ### the risk assessment shall account for all relevant natural and man-made risks , including accidents , natural disasters , public health emergencies , antagonistic threats , including threats from and sabotage by insiders , as well as terrorist offences pursuant to directive (eu) 2017/541 of the european parliament and of the council34 .


### 4. each member state shall provide the commission with data on the types of risks identified and the outcomes of the risk assessments , per sector and sub-sector referred to in the annex , by [three years after entry into force of this directive] and subsequently where necessary and at least every four years. ### 4. each member state shall provide the commission with data on the types of risks identified and the outcomes of the risk assessments , per sector and sub-sector referred to in the annex , by [three years after entry into force of this directive] and subsequently where necessary and at least every five years.


### 5. the commission may , in cooperation with the member states , develop a voluntary common reporting template for the purposes of complying with paragraph 4. ### 5. the commission , in cooperation with the member states , shall develop a voluntary common reporting template for the purposes of complying with paragraph 4.


### an incident would have significant disruptive effects on the provision of the service or of other essential services in the sectors referred to in the annex that depend on the service. ### deleted


### each member state shall establish a list of the critical entities identified and ensure that those critical entities are notified of their identification as critical entities within one month of that identification , informing them of their obligations pursuant to chapters ii and iii and the date from which the provisions of those chapters apply to them. ### each member state shall establish a list of the critical entities identified and ensure that those critical entities are notified of their identification as critical entities within three months of that identification , informing them of their obligations pursuant to chapters ii and iii and the date from which the provisions of those chapters apply to them.


### 1. when determining the significance of a disruptive effect as referred to in point (c) of article 5(2) , member states shall take into account the following criteria: ### 1. when determining the significance of a disruptive effect as referred to in point (5) of article 2(1) , member states shall take into account the following criteria:


### the risk assessment shall account for all relevant risks referred to in article 4(1) which could lead to the disruption of the provision of essential services. it shall take into account any dependency of other sectors referred to in the annex on the essential service provided by the critical entity , including in neighbouring member states and third countries where relevant , and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity. ### the risk assessment shall account for all relevant risks referred to in article 4(1) which could lead to the disruption of the provision of essential services which would hinder the proper functioning of the internal market. it shall take into account any dependency of other sectors referred to in the annex on the essential service provided by the critical entity , including in neighbouring member states and third countries where relevant , and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.


### 2. member states shall ensure that critical entities have in place and apply a resilience plan or equivalent document or documents , describing in detail the measures pursuant to paragraph 1. where critical entities have taken measures pursuant to obligations contained in other acts of union law that are also relevant for the measures referred to in paragraph 1 , they shall also describe those measures in the resilience plan or equivalent document or documents. ### 2. member states shall ensure that critical entities have in place and apply a resilience plan or equivalent document or documents detailing the measures in accordance with paragraph 1. where critical entities have put in place measures pursuant to obligations laid down in other union legislation that are also relevant to the measures referred to in paragraph 1 , they shall also describe those measures in the resilience plan or equivalent document or documents. the resilience plan shall further describe the critical entity's organisational arrangements to ensure business continuity in accordance with iso 22301 and adequate information security in accordance with iso/iec 27001;


### 4. the commission is empowered to adopt delegated acts in accordance with article 21 supplementing paragraph 1 by establishing detailed rules specifying some or all of the measures to be taken pursuant to that paragraph. it shall adopt those delegated acts in as far as necessary for the effective and consistent application of that paragraph in accordance with the objectives of this directive , having regard to any relevant developments in risks , technology or the provision of the services concerned as well as to any specificities relating to particular sectors and types of entities. ### deleted


### 4. the commission is empowered to adopt delegated acts in accordance with article 21 supplementing paragraph 1 by establishing detailed rules specifying some or all of the measures to be taken pursuant to that paragraph. it shall adopt those delegated acts in as far as necessary for the effective and consistent application of that paragraph in accordance with the objectives of this directive , having regard to any relevant developments in risks , technology or the provision of the services concerned as well as to any specificities relating to particular sectors and types of entities. ### 4. the commission is empowered to adopt delegated acts in accordance with article 21 supplementing paragraph 1 by establishing detailed rules specifying some or all of the measures to be taken pursuant to that paragraph. it shall adopt those delegated acts , with the view to union-wide harmonisation of national rules , as far as necessary for the effective and consistent application of that paragraph in accordance with the objectives of this directive. the delegated acts shall regard to any relevant developments in risks , technology or the provision of the services concerned as well as to any specificities relating to particular sectors and types of entities.


### cover previous employments , education and any gaps in education or employment in the person’s resume during at least the preceding five years and for a maximum of ten years. ### cover possible links to extremist groups as well as previous employments , education and any gaps in education or employment in the person’s resume during at least the preceding five years and for a maximum of ten years ,


### 1. member states shall ensure that critical entities notify without undue delay the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability. ### 1. member states shall ensure that critical entities notify without undue delay , but no later than 24 hours after the detection of the incident the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability.


### 1. member states shall ensure that critical entities notify without undue delay the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability. ### 1. member states shall ensure that critical entities notify without undue delay and within 24 hours the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability.


### 1. member states shall ensure that critical entities notify without undue delay the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability. ### 1. member states shall ensure that critical entities notify within 24 hours the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability.


### 1. member states shall ensure that critical entities notify without undue delay the competent authority of incidents that significantly disrupt or have the potential to significantly disrupt their operations. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability. ### 1. member states shall ensure that critical entities only notify the competent authority of incidents that significantly disrupt their operations without undue delay , in order to avoid over-information and unnecessary data flow , and to guarantee the effective functioning of national authorities and private entities. notifications shall include any available information necessary to enable the competent authority to understand the nature , cause and possible consequences of the incident , including so as to determine any cross-border impact of the incident. such notification shall not make the critical entities subject to increased liability.


### the number of users affected by the disruption or potential disruption; ### the estimated number of users affected by the disruption or potential disruption;


### 1. upon request of one or more member states or of the commission , the member state where the infrastructure of the critical entity of particular european significance is located shall , together with that entity , inform the commission and the critical entities resilience group of the outcome of the risk assessment carried out pursuant to article 10 and the measures taken in accordance with article 11. ### 1. upon request of one or more member states or of the commission , the member state where the european headquarters or principal operation of the critical entity of particular european significance is located shall , together with that entity , inform the commission and the critical entities resilience group of the outcome of the risk assessment carried out pursuant to article 10 and the measures taken in accordance with article 11.


### 2. upon request of one or more member states , or at its own initiative , and in agreement with the member state where the infrastructure of the critical entity of particular european significance is located , the commission shall organise an advisory mission to assess the measures that that entity put in place to meet its obligations pursuant to chapter iii. where needed , the advisory missions may request specific expertise in the area of disaster risk management through the emergency response coordination centre. ### 2. upon request of one or more member states , or at its own initiative , and in agreement with the member state where the european headquarters or the principal operation of the critical entity of particular european significance is located , the commission shall organise an advisory mission to assess the measures that that entity put in place to meet its obligations pursuant to chapter iii. where needed , the advisory missions may request specific expertise in the area of disaster risk management through the emergency response coordination centre.


### (6) in order to achieve that objective , member states should identify critical entities that should be subject to specific requirements and oversight , but also particular support and guidance aimed at achieving a high level of resilience in the face of all relevant risks. ### (6) in order to achieve that objective , member states should identify critical entities that should be subject to specific requirements and oversight , but also particular support and guidance aimed at achieving a high level of resilience in the face of current and future risks.


### (7) certain sectors of the economy such as energy and transport are already regulated or may be regulated in the future by sector-specific acts of union law that contain rules related to certain aspects of resilience of entities operating in those sectors. in order to address in a comprehensive manner the resilience of those entities that are critical for the proper functioning of the internal market , those sector-specific measures should be complemented by the ones provided for in this directive , which creates an overarching framework that addresses critical entities’ resilience in respect of all hazards , that is , natural and man-made , accidental and intentional. ### (7) certain sectors of the economy such as energy and transport are already regulated or may be regulated in the future by sector-specific acts of union law that contain rules related to certain aspects of resilience of entities operating in those sectors. in order to address in a comprehensive manner the resilience of those entities that are critical for the proper functioning of the internal market , those sector-specific measures should be complemented by the ones provided for in this directive , which creates an overarching framework that addresses critical entities’ resilience in respect of all hazards , that is , natural and man-made , accidental and intentional and ensures collaboration with likeminded international organisations in maintaining resilience.


### (4) “infrastructure” means an asset , system or part thereof , which is necessary for the delivery of an essential service; ### (4) “infrastructure” means assets , including facilities , systems and equipment , or parts thereof , which are necessary for the delivery of an essential service;


### the strategy shall be updated where necessary and at least every four years. ### the strategy shall be updated where necessary and shall be completely reviewed at least every four years.


### the number of critical entities identified for each sector and subsector referred to in the annex and the service or services referred to in article 4(1) that each entity provides; ### the number of critical entities identified for each sector and subsector referred to in the annex , and a quantitative summary of the services referred to in article 4(1) that are provided by these entities;


### 3. the commission may , after consultation of the critical entities resilience group , adopt guidelines to facilitate the application of the criteria referred to in paragraph 1 , taking into account the information referred to in paragraph 2. ### 3. the commission shall , after consultation of the critical entities resilience group , adopt guidelines to facilitate the application of the criteria referred to in paragraph 1 , taking into account the information referred to in paragraph 2.


### member states shall lay down the rules on 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 those provisions to the commission by [two years after entry into force of this directive] at the latest and shall notify it without delay of any subsequent amendment affecting them. ### member states ensure the imposition of administrative fines applicable to infringements of the obligations laid down in 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 those provisions to the commission by [two years after entry into force of this directive] at the latest and shall notify it without delay of any subsequent amendment affecting them.


### (29) in order to achieve the objectives of this directive , and without prejudice to the legal responsibility of member states and critical entities to ensure compliance with their respective obligations set out therein , the commission should , where it considers it appropriate , undertake certain supporting activities aimed at facilitating compliance with those obligations. when providing support to member states and critical entities in the implementation of obligations under this directive , the commission should build on existing structures and tools , such as those under the union civil protection mechanism and the european reference network for critical infrastructure protection. ### (29) in order to achieve the objectives of this directive , and without prejudice to the legal responsibility of member states and critical entities to ensure compliance with their respective obligations set out therein , the commission should , where it considers it appropriate , undertake certain supporting activities aimed at facilitating compliance with those obligations. such activities should also include training courses on different aspects of the resilience of critical entities and that special focus of these courses be dedicated to emerging disruptive technologies such as quantum computing. when providing support to member states and critical entities in the implementation of obligations under this directive , the commission should build on existing structures and tools , such as those under the union civil protection mechanism and the european reference network for critical infrastructure protection.


### 3. member states shall communicate their strategies , and any updates of their strategies , to the commission within three months from their adoption. ### 3. member states shall communicate their strategies , and any updates of their strategies , to the commission within six months from their adoption.


### (4) as regulation (eu) no 531/2012 expires on 30 june 2022 , the aim of this regulation is to recast it while introducing new measures to increase transparency , including on the use of value added services in roaming and ensure a genuine rlah experience in terms of quality of service and access to emergency services while roaming. the duration of this new regulation is set for 10 years , until 2032 , to provide certainty in the market and minimise regulatory burden while introducing a mechanism for intervening at wholesale level in the interim if market developments so require. ### (4) as regulation (eu) no 531/2012 expires on 30 june 2022 , the aim of this regulation is to recast it while introducing new measures to increase transparency , including on the use of value added services in roaming , use of non-terrestrial networks in roaming on vessels and aircrafts , and ensure a genuine rlah experience in terms of quality of service and access to emergency services while roaming. the duration of this new regulation is set for 10 years , until 2032 , to provide certainty in the market and minimise regulatory burden while introducing a mechanism for intervening at wholesale level in the interim if market developments so require.


### (9) the widespread use of internet-enabled mobile devices means that data roaming is of great economic significance. this is relevant for both users and providers of applications and content. in order to stimulate the development of this market , charges for data transport should not impede growth , in particular considering that the deployment of 5g networks and services is expected to grow steadily . ### (9) the widespread use of internet-enabled mobile devices means that data roaming is of great economic significance , especially given the growing importance of the internet of things (iot) and a number of these devices moved during travels abroad. this is relevant for both users and providers of applications and content. in order to stimulate the development of this market , charges for data transport should not impede growth , in particular considering that the deployment of 5g networks and services is expected to grow steadily.


### (14) in order to allow for the development of a more efficient , integrated and competitive market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers. ### (14) in order to allow for the development of a more efficient , integrated and competitive market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically and ensuring that mobile network operators cannot put the inbound roaming customers in a disadvantaged position compared to those mobile network operators’ own domestic customers as regards the quality of services. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.


### (15) therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . such access should be in line with the needs of those seeking access. end-users of services requiring modern technologies and retail roaming services should be able to enjoy the same quality of service when roaming as domestically. a wholesale roaming access obligation should therefore ensure that access seekers can replicate the retail services offered domestically , unless mobile network operators requested to provide access can prove that it is technically unfeasible to do so. access should be refused only on the basis of objective criteria , such as technical feasibility and the need to maintain network integrity. where access is refused , the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this regulation. in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. a consistent regulatory approach to the wholesale access for the provision of roaming services should contribute to avoiding distortions between member states. berec should , in coordination with the commission and in collaboration with the relevant stakeholders , issue guidelines for wholesale access for the purpose of providing roaming services. ### (15) therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . such access should be to the greatest extent possible in line with the needs of those seeking access. access should be refused only on the basis of objective criteria , such as technical feasibility and the need to maintain network integrity. where access is refused , the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this regulation. in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. a consistent regulatory approach to the wholesale access for the provision of roaming services should contribute to avoiding distortions between member states. berec should , in coordination with the commission and in collaboration with the relevant stakeholders , issue guidelines for wholesale access for the purpose of providing roaming services.


### (28) roaming customers should , to the greatest extent possible , be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home , when roaming in the union. to that end , roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. in particular , the same quality of service should be offered to customers when roaming , if technically feasible. ### (28) roaming customers should , to the greatest extent possible , be able to use the retail services that they subscribe to.


### (28) roaming customers should , to the greatest extent possible , be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home , when roaming in the union. to that end , roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. in particular , the same quality of service should be offered to customers when roaming , if technically feasible. ### (28) roaming customers should , to the greatest extent possible , be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home , when roaming in the union. to that end , roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. in particular , the same as advertised quality of service should be offered to customers when roaming , if technically feasible. additionally , roaming providers should make it possible for the consumer to verify the estimated download and upload speed , latency and available data transfer technology.


### (35) a contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service , including the expected level of quality of service. the provider should make available information on relevant factors that can affect the quality of service , such as availability of certain technologies , coverage or variation due to external factors such as topography. ### (35) a contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service. the provider should make available information on relevant factors that can affect the quality of service , such as availability of certain technologies , coverage or variation due to external factors such as topography.


### (36) roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the union and on the wholesale prices charged for value added services. communications to certain numbers which are used for providing value added services , for example , premium-rate numbers , freephone numbers or shared cost numbers , are subject to particular pricing conditions at the national level. this regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. neverthelss , the rlah principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. however , this is not always the case when roaming. end-users are confronted with increased costs , even when they call numbers that are free when called domestically. this could erode customers’ confidence in using their phones when roaming and could result in bill shocks , thus having a negative impact on a genuine rlah experience. this is mainly caused , at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. to that end , roaming customers should be informed in their contract and notified and warned , in a timely manner and free of charge , that communications to value added services numbers in roaming can entail additional charges. ### (36) roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the union and on the wholesale prices charged for value added services. communications to certain numbers which are used for providing value added services , for example , premium-rate numbers , freephone numbers or shared cost numbers , are subject to particular pricing conditions at the national level. this regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. nevertheless , the rlah principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. however , this is not always the case when roaming. end-users are confronted with increased costs , even when they call numbers that are free when called domestically. this could erode customers’ confidence in using their phones when roaming and could result in bill shocks , thus having a negative impact on a genuine rlah experience. this is mainly caused , at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. to that end , roaming customers should be informed in their contract and notified and warned , in a timely manner and free of charge , that communications to value added services numbers in roaming can entail additional charges and how they could easily access and verify a particular value added service number via the publicly available web page.


### (43) in order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad , providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited member state. since certain customer groups might be well informed about roaming charges , roaming providers should provide a possibility to easily opt-out from this automatic message service. in addition , roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and sms) that may be subject to increased costs. moreover , providers should actively give their customers , provided that the latter are located in the union , on request and free of charge , additional information on the per-minute , per-sms or per-megabyte data charges (including vat) for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state. ### (43) in order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad , providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited member state. since certain customer groups might be well informed about roaming charges , roaming providers should provide a possibility to easily opt-out from this automatic message service. in addition , roaming customers should be provided with a text message including a link to a free of charge web page giving detailed information about the types of services (calls and sms) that may be subject to increased costs. moreover , providers should actively give their customers , provided that the latter are located in the union , on request and free of charge , additional information on the per-minute , per-sms or per-megabyte data charges (including vat) for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state.


### (45) customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming. roaming providers should therefore take reasonable steps to protect customers against incurring roaming charges while they are located in their member state. this should include adequate information measures in order to empower customers to actively prevent such instances of inadvertent roaming. national regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their member state and should take appropriate steps to mitigate the problem. ### (45) customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming. roaming providers should therefore take reasonable steps to protect customers against incurring roaming charges while they are located in their member state , including by enrolling a dedicated software , equipment and algorithms preventing inadvertent roaming. this should include adequate information measures in order to empower customers to actively prevent such instances of inadvertent roaming. national regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their member state and should take appropriate steps to mitigate the problem.


### (47) in addition , in order to avoid bill shocks , roaming providers should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services , expressed in the currency in which the roaming customer is billed , and which they should offer to all their roaming customers , free of charge , with an appropriate notification , in a media format that can be consulted again subsequently , when that limit is being approached. upon reaching that maximum limit , customers should no longer receive or be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. in such a case , they should receive free confirmation , in a media format that can be consulted again subsequently. roaming customers should be given the opportunity to opt for any of those maximum financial or volume limits within a reasonable period or to choose not to have such a limit. unless customers state otherwise , they should be put on a default limit system. ### (47) in addition , in order to avoid bill shocks , roaming providers should define one or more maximum financial and/or volume limits for their outstanding charges for all data roaming services , expressed in the currency in which the roaming customer is billed , and which they should offer to all their roaming customers , free of charge , with an appropriate notification unless the roaming customer opts-out from the measure , in a media format that can be consulted again subsequently , when that limit is being approached. upon reaching that maximum limit , customers should no longer receive or be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. in such a case , they should receive free confirmation , in a media format that can be consulted again subsequently. roaming customers should be given the opportunity to opt out of those maximum financial or volume limits within a reasonable period or to choose not to have such a limit. customer should be further notified of such opportunity before conclusion of the contract. unless customers state otherwise , they should be put on a default limit system.


### (53) number ranges , including those used for value added services , are set in the national numbering plans and are not harmonised at union level. operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. while this is understood to roaming providers , the level of the wholesale charges they will incur may still be unexpectedly high. in a roaming scenario , operators are unable to address this issue , because they lack information on number ranges used for value added services throughout the union. to address this problem berec should establish and maintain a single union-wide , secure database for value added services’ numbering ranges. the database is intended as a transparency tool that will enable national regulatory authorities (nras) and operators to have direct access to information about which numbering ranges can generate higher costs (termination rates) in all member states. it represents a necessary intermediate step to increase transparency at retail level as it could be used to inform roaming customers about the types of services that may be subject to increased charges when roaming. berec should establish the procedures by which the competent authorities are to provide and update the information requested under article 17. ### (53) number ranges , including those used for value added services , are set in the national numbering plans and are not harmonised at union level. operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. while this is understood to roaming providers , the level of the wholesale charges they will incur may still be unexpectedly high. in a roaming scenario , operators are unable to address this issue , because they lack information on number ranges used for value added services throughout the union. to address this problem berec should establish and maintain a single union-wide , secure database for value added services’ numbering ranges. the database is intended as a transparency tool that will enable national regulatory authorities (nras) and operators to have direct access to information about which numbering ranges can generate higher costs (termination rates) in all member states. if properly justified , berec can enable access to relevant data for individuals and organisations , including via application programming interface. the database represents a necessary intermediate step to increase transparency at retail level as it could be used to inform roaming customers about the types of services that may be subject to increased charges when roaming. berec should establish the procedures by which the competent authorities are to provide and update the information requested under article 17.


### 1. mobile network operators shall meet all reasonable requests for wholesale roaming access , in particular allowing the roaming provider to replicate the retail mobile services offered domestically , when technically feasible . ### 1. mobile network operators shall meet all reasonable requests for wholesale roaming access , in particular allowing the roaming provider to offer the retail mobile services adequate to those offered domestically , when available and technically feasible within the visited framework .


### 3. wholesale roaming access shall cover access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of regulated roaming services to customers , on any network technology and generation available . ### 3. wholesale roaming access shall cover access to all network elements and associated facilities , relevant services , software and information systems , necessary for the provision of regulated roaming services to customers in accordance with paragraph 1 .


### 2. roaming providers shall ensure , when technically feasible , that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically , in particular in terms of quality of service. ### deleted


### the quality of service that can reasonably be expected when roaming in the union. ### deleted


### roaming providers shall , except when the roaming customer has notified the roaming provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when the roaming customer enters a member state other than that of his domestic provider , with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and , if available , information on value added services number ranges. ### following the establishment of the berec database , roaming providers shall , except when the roaming customer has notified the roaming provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when the roaming customer enters a member state other than that of his domestic provider , with information on the potential risk of increased charges due to the use of value added services including a link to a access free of charge dedicated webpage providing information about the types of services that may be subject to increased costs and , if available , information on value added services number ranges.


### berec shall establish and maintain a single union-wide database of value added services numbering ranges in each member state to be made accessible for national regulatory authorities and operators. the database shall be established by 31 december 2023. to that end , the nra or other competent authorities shall , by electronic means , provide the necessary information and the relevant updates to berec without undue delay. ### berec shall establish and maintain a single union-wide database of value added services numbering ranges in each member state to be made accessible for national regulatory authorities and operators. the database shall be established at latest by 30 june 2022. to that end , the nra or other competent authorities shall , by electronic means , provide the necessary information and the relevant updates to berec without undue delay.


### the evolution of the machine-to-machine roaming; ### the evolution of the machine-to-machine and iot roaming , including for consumer devices;


### the extent to which roaming customers and operators face problems in relation to value added services; ### the extent to which roaming customers and operators face problems in relation to value added services and the extent to which berec database addressed these problems;


### in order to assess competitive developments in the union-wide roaming markets , berec shall collect data regularly from national regulatory authorities on developments in retail and wholesale charges for regulated voice , sms and data roaming services , including wholesale charges applied for balanced and unbalanced roaming traffic respectively , on the use of trading platforms and similar instruments , on the development of machine-to-machine roaming , and on the extent to which wholesale roaming agreements cover quality of service and give access to different network technologies and generations. berec shall also collect data regularly from national regulatory authorities on the application of fair use policy by operators , the developments of domestic-only tariffs , the application of the sustainability mechanisms and complaints on roaming. when consulted pursuant to paragraph 1 , berec shall collect and provide additional information on transparency , the application of measures on emergency communication and on value added services . ### in order to assess competitive developments in the union-wide roaming markets , berec shall collect data regularly from national regulatory authorities on developments in retail and wholesale charges for regulated voice , sms and data roaming services , including wholesale charges applied for balanced and unbalanced roaming traffic respectively , on the use of trading platforms and similar instruments , on the development of machine-to-machine roaming. berec shall also collect data regularly from national regulatory authorities on the application of fair use policy by operators , the developments of domestic-only tariffs , the application of the sustainability mechanisms and complaints on roaming , including complains on the quality of service. when consulted pursuant to paragraph 1 , berec shall collect and provide additional information on transparency , the application of measures on emergency communication and on value added services .


### article 22 ### deleted


### article 23 ### deleted


### 2. reiterates that internal market objectives such as improving competitiveness , digitalisation , sustainability and consumer protection should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (refit) and the regulatory scrutiny board; ### 2. reiterates that internal market objectives such as improving competitiveness , digitalisation , sustainability and consumer protection and welfare should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (refit) and the regulatory scrutiny board;


### 2. recalls that the principle of subsidiarity enshrined in article 5 of the treaty on european union aims to ensure that decisions are taken as closely as possible to citizens and that constant checks are carried out to verify that action at eu level is justified in the light of the possibilities available at national , regional or local level and to guarantee that the eu does not take action , except in the areas that fall within its exclusive competence , unless it is more effective than action taken at national , regional or local level; recalls , too , that the principle of proportionality requires that any action taken by the eu should not go beyond what is necessary to achieve the objectives of the treaties; ### 2. recalls that the principle of subsidiarity enshrined in article 5 of the treaty on european union aims to ensure that decisions are taken as closely as possible to citizens and that constant checks are carried out to verify that action at eu level is justified in the light of the possibilities available at national , regional or local level and to guarantee that the eu does not take action , except in the areas that fall within its exclusive competence; recalls , too , that the principle of proportionality requires that any action taken by the eu should not go beyond what is strictly necessary to achieve the objectives of the treaties;


### 3. underlines that smes in particular will continue to face serious repercussions due to the covid-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that cutting red tape , the ‘think small first’ principle and fostering a society that values entrepreneurship need to be priorities within internal market legislation; ### 3. underlines that smes in particular will continue to face serious repercussions due to the covid-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that cutting red tape , the ‘think small first’ principle , taking decisions transparently , coordinating policies at the union and national levels and fostering a society that values entrepreneurship need to be priorities within internal market legislation;


### 4. calls on the member states’ authorities at national and regional level , and on stakeholders to become more closely involved at an early stage of the decision-making process , with subsidiarity and proportionality checks and administrative burden assessments of eu legislation; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation , and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; ### 4. calls on the member states’ authorities at national and regional level , and on stakeholders to become more closely involved at an early stage of the decision-making process , with subsidiarity and proportionality checks and administrative burden assessments of eu legislation; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation , and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; calls on the commission to provide guidance to member states on how to simplify unnecessarily complex and/or burdensome rules for internal market and avoid gold-plating;


### 8. believes that the refit platform should be expanded to widen its focus from regulatory burdens to matters of subsidiarity and proportionality; warns against the rigid application by the commission of a ‘one in , one out’ principle in the implementation of better law-making processes. ### 8. believes that the refit platform should be expanded to widen its focus from regulatory burdens to matters of subsidiarity and proportionality; encourages the commission to reduce as much as possible red tape or any kind of burden to businesses and eu citizens going even beyond the ‘one in , one out’ principle in any law-making process.


### 8. acknowledges the fact that 2019 was the first year since the introduction of the subsidiarity control mechanism in which national parliaments did not submit any reasoned opinions , as a result of a sharp drop in the commission’s legislative activities during the transitional year between two commissions; ### 8. acknowledges the fact that 2019 was the first year since the introduction of the subsidiarity control mechanism in which national parliaments did not submit any reasoned opinions , as a result of a sharp drop in the commission’s legislative activities during the transitional year between two commissions , meaning that the absence of reasoned opinions stemmed from the lack of legislative activity rather than from observance of the principles of subsidiarity and proportionality in union legislative acts;


### a. whereas in july 2017 the juncker commission adopted a revised set of better regulation guidelines and an accompanying toolbox; whereas it expanded its better regulation portal to make it easier for citizens to navigate it online; whereas it undertook to place subsidiarity at the heart of the european democratic process and throughout the legislative process by setting up a task force on subsidiarity , proportionality and ‘doing less more efficiently’ , which delivered its report on 10 july 2018; ### a. whereas in july 2017 the juncker commission adopted a revised set of better regulation guidelines and an accompanying toolbox; whereas it expanded its better regulation portal to make it easier for citizens to navigate it online; whereas it undertook to place the principles of subsidiarity and proportionality at the heart of the european democratic process and throughout the legislative process by setting up a task force on subsidiarity , proportionality and ‘doing less more efficiently’ , which delivered its report on 10 july 2018;


### h. whereas the current crisis has strengthened the need to alleviate unnecessary regulatory burdens to make sure that eu laws deliver their intended benefits while reducing unnecessary costs , particularly for small and medium-sized enterprises (smes); ### h. whereas the current crisis has strengthened the need to alleviate the unnecessary regulatory and bureaucratic burdens that exist in eu laws; whereas it is essential that community laws reduce superfluous costs and deliver their intended benefits within reasonable time-scales , and particularly that they expedite support measures for small and medium-sized enterprises (smes) and for workers;


### 11. notes that in 2017 the regulatory scrutiny board examined a total of 53 impact assessments , that in 12 cases it estimated that it was necessary to improve their analysis of subsidiarity and eu added value , and that 30 opinions contained comments on proportionality; notes that in 2018 it examined 75 impact assessments , that in 16 cases it was necessary to improve their analysis of subsidiarity and eu added value , and that 47 opinions contained remarks aimed at improving the analysis of proportionality and comparisons of policy options; underlines that in 2019 the board examined only one impact assessment; ### 11. notes that in 2017 the regulatory scrutiny board examined a total of 53 impact assessments , that in 12 cases it estimated that it was necessary to improve their analysis of subsidiarity and eu added value , and that 30 opinions contained comments on proportionality; notes that in 2018 it examined 75 impact assessments , that in 16 cases it was necessary to improve their analysis of subsidiarity and eu added value , and that 47 opinions contained remarks aimed at improving the analysis of proportionality and comparisons of policy options; considers it regretful that in 2019 the board examined only one impact assessment;


### 14. welcome the ‘one-in , one-out’ approach based on stakeholder involvement , through which the commission aims to offset newly introduced burdens by relieving people and businesses of equivalent burdens at eu level in the same policy area; emphasises , however , that the implementation of this approach should not lead to mechanical decisions to repeal legislation or lower standards; ### 14. welcomes the commission's commitment to the ‘one-in , one-out’ principle based on stakeholder involvement , through which the commission must offset newly introduced burdens by relieving people and businesses of equivalent burdens at eu level in the same policy area;


### 1. calls on the commission to bring forward , on the basis of article 169(3) and article 114(1) of the treaty on the functioning of the european union , a legislative proposal introducing mandatory screening for the presence of asbestos in buildings before their sale or rental and laying down minimum requirements for locating and identifying all materials containing asbestos in buildings constructed before 2005 , or the year in which the national ban on asbestos was introduced , under the following conditions: ### 1. calls on the commission to bring forward , on the basis of article 169(3) and article 114(1) of the treaty on the functioning of the european union and taking into account existing national regulations , a legislative proposal introducing mandatory screening for the presence of asbestos following an in-depth analysis to determine the technical framework and conditions for monitoring the presence of asbestos in buildings; stresses that the monitoring should concern buildings constructed before 2005 or the year in which the national ban on asbestos was introduced and should be carried out under the following conditions:


### 3. recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking; ### 3. recalls that different cancers and various diseases of the lungs have been observed in populations living or having lived in the vicinity of industrial sites or premises with friable asbestos;


### 5. calls on the commission to set out a european strategy for the complete elimination of asbestos; calls on all member states to adopt national action plans to implement that strategy; considers that the commission should coordinate the national action plans , in particular through the adoption of a framework directive on this matter; ### 5. believes that additional european legislation is not the right approach to control asbestos; considers a non-legislative approach that improves the awareness of asbestos risks , educates employers and workers on the legislative requirements that already exist , and provides practical guidance on how to comply with those requirements would be a far more effective approach in reducing exposure to asbestos; notes moreover that this approach could be targeted to areas of particular risk , or groups of vulnerable people , and involve the social partners and other stakeholders at eu , national and regional levels;


### 5. the establishment of a european framework for public and accessible asbestos registers , together with a mapping of the exact location of asbestos on public and private sites; ### 5. the establishment of a european framework for public and accessible asbestos registers , which could start at the local level for public buildings and public infrastructure;


### 6. a roadmap for asbestos-free workplaces and an asbestos-free environment , which could establish priority sectors and be subject to periodic evaluation every five years of the progress made by the national and regional authorities; ### 6. a roadmap for reviewing the effectiveness of all existing legal requirements , which acknowledges , as part of this evaluation , that as long as asbestos and asbestos-containing materials are in good condition or encapsulated and not likely to be disturbed , then for safety reasons it is better to leave them in place and manage any resulting risks. recalls that if asbestos is in poor condition and is likely to be disturbed , then removal could be required , but this should be based on an assessment of the risk on a case-by-case basis;


### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market by providing a fair and level playing field for all market participants , enabling the growth of innovative businesses , and guaranteeing a high level of consumer protection and choice; ### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market by providing a fair and level playing field for all market participants , enabling the growth of innovative businesses , ensuring competitiveness of eu companies at global level and guaranteeing a high level of consumer protection and choice; stresses that consumer welfare must remain the ultimate goal of the competition policy;


### 2. notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the commission’s focus on modernising its competition policy to adequately tackle serious problems and market failures in the digital sector; ### 2. notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the commission’s focus on modernising its competition policy to adequately tackle market failures in the digital sector;


### 3. recalls that regulating digital markets constitutes a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement; ### 3. recalls that efficient regulating digital markets constitutes a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention should address the identified gaps in ex post competition law enforcement , which cannot be addressed by revised competition policy or by full enforcement of existing rules;


### 4. highlights the importance of a few online operators acting as gatekeepers to the digital economy , including access to e-commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines , therefore , the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcoming digital markets act proposal; ### 4. highlights the importance of a major online operators acting as intermediaries to the digital economy , including access to e-commerce markets and the positive and negative consequences on freedom of choice for consumers and access to markets for companies; stresses that successful growth strategies , even leading to market dominance , scale and scope efficiencies , should not automatically trigger remedies as they can generate economic and consumer benefits and it may prevent companies from growing; underlines , therefore , the need to assess their potential gatekeepers´ role and the need for an internal market ex ante regulatory instrument to ensure consumer welfare and fair and competitive markets; acknowledges the instrument in the forthcoming digital markets act proposal;


### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; ### 6. stresses the importance of clear , predictable , future-proof and comprehensive eu framework to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties and that eu law should be equally enforced in all member states; asks the commission for establishing the clear guidance and best practices on enforcement in order to avoid legal uncertainty , arbitrary decisions and to prevent from the gaps between the member states in terms of implementation and oversight of the ex-ante tool;


### 7. calls on the commission to ensure fair and secure access to data for all market participants; notes that it should empower consumers to control their data and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on european values and fair competition. ### 7. calls on the commission to ensure fair and secure access to data for all market participants; notes that it should empower consumers to control their data and provide them with adequate rights in terms of data portability as laid down in union law in order to ensure that the single market for data is based on european values and fair competition;


### (3) it is necessary to improve the conditions for data sharing in the internal market , by creating a harmonised framework for data exchanges. sector-specific legislation can develop , adapt and propose new and complementary elements , depending on the specificities of the sector , such as the envisaged legislation on the european health data space25 and on access to vehicle data. moreover , certain sectors of the economy are already regulated by sector-specific union law that include rules relating to cross-border or union wide sharing or access to data26 . this regulation is therefore without prejudice to regulation (eu) 2016/679 of the european parliament and of the council (27 ) , and in particular the implementation of this regulation shall not prevent cross border transfers of data in accordance with chapter v of regulation (eu) 2016/679 from taking place , directive (eu) 2016/680 of the european parliament and of the council (28 ) , directive (eu) 2016/943 of the european parliament and of the council (29 ) , regulation (eu) 2018/1807 of the european parliament and of the council (30 ) , regulation (ec) no 223/2009 of the european parliament and of the council (31 ) , directive 2000/31/ec of the european parliament and of the council (32 ) , directive 2001/29/ec of the european parliament and of the council (33 ) , directive (eu) 2019/790 of the european parliament and of the council (34 ) , directive 2004/48/ec of the european parliament and of the council (35 ) , directive (eu) 2019/1024 of the european parliament and of the council (36 ) , as well as regulation 2018/858/eu of the european parliament and of the council (37 ) , directive 2010/40/eu of the european parliament and of the council (38 ) and delegated regulations adopted on its basis , and any other sector-specific union legislation that organises the access to and re-use of data. this regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties. a horizontal regime for the re-use of certain categories of protected data held by public sector bodies , the provision of data sharing services and of services based on data altruism in the union should be established. specific characteristics of different sectors may require the design of sectoral data-based systems , while building on the requirements of this regulation. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act should also apply. ### (3) it is necessary to improve the conditions for data sharing in the internal market , by creating a harmonised framework for data exchanges and laying down requirements for data governance. sector-specific legislation can develop , adapt and propose new and complementary elements , depending on the specificities of the sector , such as the envisaged legislation on the european health data space25 and on access to vehicle data. moreover , certain sectors of the economy are already regulated by sector-specific union law that include rules relating to cross-border or union wide sharing or access to data26 . this regulation is therefore without prejudice to regulation (eu) 2016/679 of the european parliament and of the council (27 ) , and in particular the implementation of this regulation shall not prevent cross border transfers of data in accordance with chapter v of regulation (eu) 2016/679 from taking place , directive (eu) 2016/680 of the european parliament and of the council (28 ) , directive (eu) 2016/943 of the european parliament and of the council (29 ) , regulation (eu) 2018/1807 of the european parliament and of the council (30 ) , regulation (ec) no 223/2009 of the european parliament and of the council (31 ) , directive 2000/31/ec of the european parliament and of the council (32 ) , directive 2001/29/ec of the european parliament and of the council (33 ) , directive (eu) 2019/790 of the european parliament and of the council (34 ) , directive 2004/48/ec of the european parliament and of the council (35 ) , directive (eu) 2019/1024 of the european parliament and of the council (36 ) , as well as regulation 2018/858/eu of the european parliament and of the council (37 ) , directive 2010/40/eu of the european parliament and of the council (38 ) and delegated regulations adopted on its basis , and any other sector-specific union legislation that organises the access to and re-use of data. this regulation should be without prejudice to union and national law on the access and use of data for the purpose prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , as well as international cooperation in this context. this regulation should be without prejudice to the competences of the member states regarding activities concerning public security , defence and national security. a horizontal regime for the re-use of certain categories of protected data held by public sector bodies , the provision of data sharing services and of services based on data altruism in the union should be established. specific characteristics of different sectors may require the design of sectoral data-based systems , while building on the requirements of this regulation. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act should also apply.


### (4) action at union level is necessary in order to address the barriers to a well-functioning data-driven economy and to create a union-wide governance framework for data access and use , in particular regarding the re-use of certain types of data held by the public sector , the provision of services by data sharing providers to business users and to data subjects , as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. ### (4) action at union level can help to increase trust in data sharing by establishing proper mechanisms for control over data and in order to address different barriers to a well-functioning data-driven economy and to create a union-wide governance framework for data access and use , in particular regarding the re-use of certain types of data held by the public sector , the provision of services by data sharing providers to business users and to data subjects , as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. this action is without prejudice to the international trade agreements concluded by the union.