### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of parcels falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest .


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas and for those who are disabled or with reduced mobility , it is necessary to improve the transparency of tariffs and terminal rates for a limited set of cross - border parcel delivery services offered by parcel delivery service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between domestic and cross - border parcel delivery services .


### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the provider is established , broken down in parcel delivery services relating to national , incoming and outgoing cross - border postal items ; ### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the parcel delivery service provider is established , broken down in parcel delivery services relating to domestic , incoming and outgoing cross - border parcels ;


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


### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by universal service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services . parcel delivery service providers other than universal service providers may voluntarily provide , in a comparable form , their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee . ### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to that national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by parcel delivery service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage .


### transparency of tariffs and terminal rates ### transparency of tariffs


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons employed by the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market on the basis of appropriate authorisations procedures or other legal requirements . new business models are widespread , especially in the parcel and express industry , non - standard employment contracts are commonly used by parcel operators , who also use contract service subcontractors and self - employed staff to carry out the delivery tasks . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market a threshold of 10 persons should be applied , based on the number of persons working over the previous calendar year for the service provider including subcontractors and involved in the provision of parcel delivery services unless that provider is established in more than one member state . this threshold is in line with commission recommendation 2003 / 361 of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises , reflects the labour intensive nature of the sector and captures most of the parcel delivery market and level of market share , especially in countries with low volumes of parcels flows . the average number of persons should include full - time , part - time and temporary employees as well as self - employed workers persons and employees of subcontractors involved .


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


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state or member states in which the service provider is established , broken down into domestic , incoming and outgoing cross - border parcels .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### there is a lack of exact definition , what is essential difference between , , postal” , , , express” or , , courier” services . taking into account , that for e - commerce purposes universal service providers offer also additional options , such as track - and - trace , electronic notifications of delivery , choice of delivery at the home or other premises , that to a certain extent are similar to the services offered by other parcel delivery companies , for the purpose of implementing this regulation , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by these definitions . this concerns in particular postal items , other than correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , parcels weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids and are subjects of the freight transport and logistics sector regulation . providers of parcel delivery services using alternative business models , for example those drawing on the collaborative economy and e - commerce platforms can involve other contractual undertakings to provide some steps in the postal delivery chain such as clearance , sorting and delivery of parcel . the latters should not be subject to this regulation , if they provide these services as subcontractors of other parcel delivery service providers . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it should in this case be assumed that this activity is part of the transport sector .


### “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services ; ### “parcel delivery service provider” means an undertaking that provides one or more parcel delivery services and which has appropriate authorization for the provision of parcel delivery services relevant to the national legislation of country where services referred to in paragraph 2 are provided ; undertaking that only provides domestic parcel delivery services as part of a sales contract as defined by point 5 of article 2 . 5 of directive 2011 / 83 / eu and as part of that contract the undertaking personally delivers those goods to the consumer , or undertaking that provides the clearance , sorting , transport or distribution of parcels and other subcontracting companies that provides services for the parcel delivery service provider on contractual basis shall not be considered as parcel delivery service provider ;


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


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the average number of persons employed directly or indirectly by the parcel delivery service provider and involved in the provision of parcel delivery services in the member state in which that provider is established over the previous calendar year , and an overview of the working conditions for all persons working for the provider ; the number of persons is to be calculated on the basis of the average annual number of full - time , part - time , and temporary employees and the self - employed , as well as persons working for subcontractors or companies to which the parcel delivery service provider outsources clearance , sorting , transport or distribution of parcels and shall include any person who , during the previous calendar year , who have performed services related to any step of the value chain for and under the direction of a parcel services provider or its subsidiaries in return for which he receives remuneration ;


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers and transparency of tariffs , for certain cross - border parcel delivery services and the assessment of the affordability of tariffs for certain cross - border parcel delivery services . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


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


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the evaluation of cross - border parcel delivery services , especially for users in remote or sparsely populated areas and for those who are disabled or with reduced mobility , it is necessary to improve the transparency of tariffs for a limited set of cross - border parcel delivery services offered by parcel delivery service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between domestic and cross - border parcel delivery services .


### where the national regulatory authority concludes that cross - border tariffs referred to in paragraph 1 are not affordable , it shall request further necessary information and / or justification in relation to the level of those tariffs from the universal service provider . ### in carrying out its initial assessment referred to in paragraph 1 , the national regulatory authority shall in particular take into account the likely impact of the applicable cross - border tariffs on the following : individual users with little disposable income ; individual users who are disabled or those with reduced mobility ; individual and small and medium - sized enterprise users living or situated in remote or sparsely populated areas ; and individual and small and medium - sized enterprise users that regularly use parcel delivery services .


### the parcels shall not be smaller than the size prescribed for letters ### the size of parcels listed in point 1 to shall not be smaller than the size prescribed for letters listed in point 1 to .


### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### parcel delivery service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . it is important that any practices in this respect that might be in breach of principles of union competition law and of the provisions of directive 97 / 67 / ec are properly investigated and addressed by member states , national regulatory authorities and by the european commission in a timely and effective manner .


### &#8220 ; parcel delivery services&#8221 ; means services involving the clearance , sorting , transport or distribution of postal items other than items of correspondence ; transport alone shall not be considered a parcel delivery service ; delivery of such items exceeding 31 , 5 kg shall not be considered a parcel delivery service ; ### &#8220 ; parcel delivery services&#8221 ; means services involving the clearance , sorting , transport and distribution of postal items other than items of correspondence ; transport alone shall not be considered a parcel delivery service ; delivery of such items exceeding 31 , 5 kg shall not be considered a parcel delivery service ;


### the size limits of the postal items a - i shall follow the following rule : length , width and depth combined : 900 mm , the greatest dimension may not exceed 600 mm the smallest dimension shall exceed 20mm ; ### the size limits of the postal items listed in point 1 to shall follow the following rule : length , width and thickness combined : 900 mm , the greatest dimension shall not exceed 600 mm the smallest dimension shall exceed 20mm , weight shall exceed 500 grams ;


### subject matter and definitions ### objectives and scope


### the national regulatory authorities shall without delay and by 28 february of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the commission . the commission shall publish them on a dedicated website by 30 april of each calendar year at the latest . ### the national regulatory authorities shall without delay and by 31 march of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the commission . the commission shall publish them on a dedicated website by 30 april of each calendar year at the latest .


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market on the basis of appropriate authorisations procedures or other legal requirements . new business models are widespread , especially in the parcel and express industry , non - standard employment contracts are commonly used by parcel operators , who also use contract service subcontractors and self - employed staff to carry out the delivery tasks . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market a threshold of 10 persons should be applied , based on the number of persons working over the previous calendar year for the service provider including subcontractors and involved in the provision of parcel delivery services unless that provider is established in more than one member state . this threshold is in line with commission recommendation 2003 / 361 of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises , reflects the labour intensive nature of the sector and captures most of the parcel delivery market and level of market share , especially in countries with low volumes of parcels flows . the average number of persons should include full - time , part - time and temporary employees as well as self - employed workers persons and employees of subcontractors involved .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their qualifications , knowledge and experience are collectively adequate in relation to the activities performed for the institution ; and


### the objectives of the cfp are , amongst others , to ensure that fishing and aquaculture activities are environmentally sustainable in the long term , to apply the precautionary approach to fisheries management and to implement the ecosystem - based approach to fisheries management . ### the objectives of the cfp are , amongst others , to ensure that fishing and aquaculture activities are environmentally and socio - economically sustainable in the long term , to apply the precautionary approach to fisheries management and to implement the ecosystem - based approach to fisheries management .


### to ensure that the solidarity activities that are offered to the european solidarity corps participants contribute to addressing concrete , unmet societal needs and strengthening communities , are of high quality and properly validated . ### to ensure that the solidarity activities that are offered to the european solidarity corps participants contribute to addressing concrete , unmet public interest needs and strengthening national or local communities , are of high quality and properly validated .


### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering placement” means a full - time32 unpaid voluntary service for a period of up to twelve months , which , as a primary goal , provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out and includes , as a secondary goal , a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , artistic , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### “solidarity placement” means a volunteering activity , traineeship or job in a solidarity - related area , which is organised by a participating organisation and which contributes to addressing key societal challenges while enhancing the personal , educational , social , civic and professional development and the employability of the european solidarity corps participant who undertakes it , either in a country other than the country of residence or in the country of residence of the participant ; ### “solidarity placement” means a volunteering , traineeship or job placement in a solidarity - related area , which is organised by a participating organisation and which contributes to addressing common good challenges while enhancing the personal , educational , social , civic and professional development and the employability of the european solidarity corps participant who undertakes it , either in a country other than the country of residence or in the country of residence of the participant ;


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeship or job placements in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee .


### solidarity placements , projects and networking activities ### solidarity placements , in the form of volunteering ; traineeships or jobs ; projects and networking activities ;


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a main entry point for solidarity activities undertaken by young people throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service , and should not jeopardise financing of the already existing relevant programmes in the area of solidarity . it should also complement the efforts made by member states to support young people in accessing volunteering opportunities and those developed to ease their school - to - work transition by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , the european youth forum , the european volunteer centre and other relevant civil society organisations including the social partners , should also be ensured . partnerships with european networks which are specialised in certain urgent social problems which are insufficiently tackled by member states such as extreme poverty , homelessness , destitution among roma communities , exclusion of asylum seekers , should be established . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate .


### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering placement” means a unpaid voluntary service , either full - time32 , part - time or during free time , for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of public authorities , not - for - profit organisations , foundations and social enterprises , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteerto gain skills and competences , which will be useful for their personal , educational , social and professional development ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### where the duration of the exemptions referred to in paragraph 1 exceeds eight consecutive months or where a member state has granted the same exemptions repetitively and their total duration exceeds eight months , the agency shall assess whether the conditions of paragraph 1 have been met and issue , within three months from the date of the reception of the notification referred to in paragraph 1 , a recommendation to the commission as regards the outcome of that assessment . the agency shall include that recommendation in the repository established under article 63 . ### where the duration of the exemptions referred to in paragraph 1 exceeds two consecutive months or where a member state has granted the same exemptions repetitively and their total duration exceeds two months , the agency shall assess whether the conditions of paragraph 1 have been met and issue , within three months from the date of the reception of the notification referred to in paragraph 1 , a recommendation to the commission as regards the outcome of that assessment . the agency shall include that recommendation in the repository established under article 63 .


### the member states , the commission and the agency shall cooperate on security matters related to civil aviation , including cyber security , with a view to ensuring that interdependencies between civil aviation safety and security are taken into account . ### the agency , in cooperation with member states and the commission , shall tackle security matters related to civil aviation safety , including cyber security , where interdependencies between civil aviation safety and security exist .


### when the agency , pursuant to article 65 and , develops opinions , certification specifications , acceptable means of compliance and guidance material , it shall establish a procedure for the prior consultation of the member states . to that effect , it may create a working group in which each member state is entitled to designate an expert . when consultation relating to military aspects is required , the agency shall also involve the european defence agency . when consultation relating to the possible social impact of those measures of the agency is required , the agency shall involve stakeholders , including the eu social partners . ### when the agency , pursuant to article 65 and , develops opinions , certification specifications , acceptable means of compliance and guidance material , it shall establish a procedure for the prior consultation of the member states . to that effect , it may create a working group in which each member state is entitled to designate an expert . when consultation relating to military aspects is required , the agency shall also involve the european defence agency . when consultation relating to the possible social impact and workplace health and safety impact of measures taken by the agency is required , the agency shall involve stakeholders , including the eu social partners .


### as regards aerodromes , aerodrome equipment , the operation of aerodromes , and ground handling and apron management services the commission shall be empowered , by means of delegated acts adopted in accordance with article 117 , to amend or supplement annex vii and , if applicable , annex viii , where necessary for reasons of technical , operational or scientific developments or safety evidence related to the aerodromes , in order and to the extent required to achieve the objectives laid down in article 1 . ### as regards aerodromes , aerodrome equipment , the operation of aerodromes , and ground handling and apron management services the commission shall be empowered , by means of implementing acts adopted in accordance with article 117 , to amend or supplement annex vii and , if applicable , annex viii , where necessary for reasons of technical , operational or scientific developments or safety evidence related to the aerodromes , in order and to the extent required to achieve the objectives laid down in article 1 .


### to protect civil aviation against acts of unlawful interference , the agency may take the necessary measures under article 65 and article 66 . before taking such measures , the agency shall obtain the agreement of the commission and consult the member states . ### to contribute to protecting civil aviation against acts of unlawful interference , the agency may , where necessary , react without undue delay to an urgent problem of common concern to member states and where interdependencies between civil aviation and security exist , and which falls within the scope of this regulation by : taking measures under article 66 to address vulnerabilities in aircraft design ; recommending actions to be taken by national competent authorities or legal and natural persons subject to the provisions of this regulation , and / or disseminating relevant information to those authorities and persons , when the problem affects aircraft operations , including risks to civil aviation arising from conflict zones . before taking the measures referred to in subparagraphs and , the agency shall obtain the agreement of the commission and consult the member states . the agency shall base those measures , where possible , on common union risk assessments and take into account the need for rapid reaction in emergency situations .


### the agency shall react without undue delay to an urgent safety problem falling within the scope of this regulation by determining corrective action to be taken by national competent authorities or legal and natural persons subject to the provisions of this regulation and by disseminating related information to those national competent authorities and persons , including directives or recommendations , where this is necessary to safeguard the objectives set out in article 1 . ### the agency shall react without undue delay to an urgent safety problem falling within the scope of this regulation and its area of competence by determining corrective action to be taken by national competent authorities or legal and natural persons subject to the provisions of this regulation to safeguard the objectives set out in article 1 . the agency shall disseminate information on the corrective action to those national competent authorities and to those persons for which it is the competent authority .


### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on that transition plan before it is finalised . ### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons , including all relevant stakeholders , concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted during the establishment of that transition plan , and again before it is finalised . it shall carry out jointly with the agency or with the other member state , where applicable , and in consultation with relevant stakeholders , an impact assessment . the transition plan shall include means to effectively mitigate against any negative impacts identified in the impact assessment .


### the agency may cooperate with the competent authorities of third countries and with international organisations competent in matters covered by this regulation . to this end , the agency may , subject to prior approval by the commission , establish working arrangements with those authorities and international organisations . ### the agency may cooperate with the competent authorities of third countries and with international organisations competent in matters covered by this regulation . to this end , the agency may establish working arrangements with those authorities and international organisations .


### aeroplanes having the stall speed or the minimum steady flight speed in landing configuration not exceeding 35 knots calibrated air speed and having no more than two seats , as well as helicopters and powered parachutes having no more than two seats , that have a maximum take - off mass , as recorded by the member states , of no more than : ### aircraft having measurable stall speed or the minimum steady flight speed in landing configuration not exceeding 45 knots calibrated air speed and having no more than two seats , as well as helicopters gyroplanes , balloons and powered parachutes having no more than two seats , that have a maximum take - off mass of no more than 600 kg , and an empty mass , excluding fuel , of no more than 350 kg , as recorded by the member states


### the power to adopt delegated acts referred to in article 2 , article 18 , article 25 , article 28 , article 34 , article 39 , article 44 , article 47 , article 50 , article 51 , article 52 , article 72 and article 115 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts referred to in article 2 , article 18 , article 25 , article 28 , article 34 , article 39 , article 44 , article 47 , article 50 , article 51 , article 52 , article 72 and article 115 shall be conferred on the commission following approval by the agency and experts on the management board to ensure appropriate use of delegated acts . this power shall be conferred for an indeterminate period of time .


### where the delegated acts adopted pursuant to article 47 so provide with a view to achieving adequate levels of safety , having regard to the principles laid down in article 4 , the design , production , maintenance and operation of unmanned aircraft shall be subject to certification . certificates shall be issued upon application , where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to article 47 to ensure compliance with the essential requirements referred to in article 45 . the certificate shall specify the safety - related limitations , operating conditions and privileges . ### where the delegated acts adopted pursuant to article 47 so provide with a view to achieving a high uniform level of safety , having regard to the principles laid down in article 4 , the design , production , maintenance and operation of unmanned aircraft as well as the personnel and organisations involved in these activities , shall be subject to certification . certificates shall be issued upon application , where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to article 47 to ensure compliance with the essential requirements referred to in article 45 . the certificate shall specify the safety - related limitations , operating conditions and privileges .


### the member states , the commission , the agency and other union institutions , bodies , offices and agencies shall , within their respective fields of competence , cooperate on environmental matters , including those addressed in regulation no 1907 / 2006 of the european parliament and of the council21 , with a view to ensuring that interdependencies between environmental protection , human health and other technical domains of civil aviation are taken into account . __________________ 21 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec . ### the member states , the commission , the agency and other union institutions , bodies , offices and agencies shall , within their respective fields of competence , cooperate on environmental matters , including , but not limited to those addressed in regulation no 1907 / 2006 of the european parliament and of the council21 , with a view to ensuring that interdependencies between environmental protection , human health and other technical domains of civil aviation are taken into account . __________________ 21 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec .


### the advisory body referred to in article 85 shall appoint four of its members to participate with observer status in the management board . they shall represent , as broadly as possible , the different views represented in the advisory body . the term of office shall be 24 months and shall be extendable once for a further 24 months . ### the advisory body referred to in article 85 shall appoint four of its members to participate with observer status in the management board . they shall represent , as broadly as possible , the different views represented in the advisory body . the term of office shall be 24 months and shall be extendable .


### where the agency considers that it can effectively exercise the responsibilities for the certification , oversight and enforcement , as requested , in compliance with this regulation and the delegated acts adopted on the basis thereof , it shall establish , jointly with the member state or member states concerned , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the organisations that requested the transfer shall be consulted on this transition plan before it is finalised . ### the agency shall determine , in consultation with the member states concerned , whether it can effectively exercise the responsibilities for the certification , oversight and enforcement , as requested , and if it is best placed to exercise such responsibilities in compliance with this regulation and the delegated acts adopted on the basis thereof . if the agency determines that it should take on this responsibility it shall establish , jointly with the member state or member states concerned , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the organisations that requested the transfer shall be consulted on this transition plan before it is finalised .


### not later than [ five years after the date referred to in article 127 &#8211 ; op please insert the exact date ] , and every five years thereafter , the commission shall commission an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . ### not later than [ five years after the date referred to in article 127 &#8211 ; op please insert the exact date ] , and every five years thereafter , the management board shall commission an independent external evaluation in compliance with the commission guidelines to assess the implementation of this regulation . the evaluation shall , in particular , examine how effectively the agency is fulfilling its mission and address the possible need to modify the mandate of the agency , and the financial implications of any such modification . the evaluation shall take into account the views of stakeholders at both european and national level .


### in order to promote best practices and uniformity in the implementation of this regulation and the measures adopted on the basis thereof , the agency may provide training , including through external providers , to national competent authorities , competent authorities of third countries , international organisations , the legal and natural persons subject to the provisions of this regulation and other interested parties . the agency shall establish and publish in its official publication the conditions to be met by external training providers when used by the agency for the purposes of this article . ### in order to promote best practices and uniformity in the implementation of this regulation and measures adopted on the basis thereof , the agency may recognise training institutes , according to the standards set by the agency , to conduct training to national competent authorities , competent authorities of third countries , international organisations , the legal and natural persons subject to the provisions of this regulation and other interested parties .


### as regards the provision of atm / ans , the commission shall be empowered , by means of delegated acts adopted in accordance with article 117 , to amend or supplement annex viii and if applicable vii , where necessary for reasons of technical , operational or scientific developments or safety evidence related to the atm / ans , in order and to the extent required to achieve the objectives laid down in article 1 . ### as regards the provision of atm / ans , the commission shall be empowered , by means of implementing acts adopted in accordance with article 117 , to amend or supplement annex viii and if applicable vii , where necessary for reasons of technical , operational or scientific developments or safety evidence related to the atm / ans , in order and to the extent required to achieve the objectives laid down in article 1 .


### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on that transition plan before it is finalised . ### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons , including all relevant stakeholders , concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on during the establishment of that transition plan , and again before it is finalised . it shall carry out jointly with the agency or with the other member state , as applicable , and in consultation with relevant stakeholders , an impact assessment covering , among others , any social , economic or employment repercussions . the transition plan shall include means to effectively mitigate against any negative impacts identified in the impact assessment .


### the agency shall assist member states in respecting their obligations under international agreements relating to matters covered by this regulation , in particular their obligations under the chicago convention . ### the agency shall assist member states in respecting their obligations under international agreements relating to matters covered by this regulation , in particular their obligations under the chicago convention and the eurocontrol international convention .


### where a member state considers that the compliance with the applicable essential requirements set out in the annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this regulation , and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this regulation or for the authorities concerned , it may submit to the commission and the agency , through the repository established under article 63 , a reasoned request for amendment of the delegated or implementing act concerned so as to allow for the use of those other means . ### where a member state considers that the compliance with the applicable essential requirements set out in the annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this regulation , and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this regulation or for the authorities concerned , it may submit to the commission and the agency , through the repository established under article 63 , a reasoned request to grant a derogation from the delegated or implementing act concerned so as to allow for the use of those other means .


### where the council takes into account a significant impact of recreational fisheries in the framework of the fishing opportunities for a certain stock , it should be able to set a tac for commercial catches which takes into account the volume of recreational catches and / or to adopt other measures restricting recreational fisheries such as bag limits and closure periods . ### when mortality caused by recreational fishing has a significant impact on a stock managed on the basis of msy , the council should be able to establish individual and non - discriminatory fishing opportunities for recreational fishermen . these individual recreational fishing opportunities should cover periods of no less than one month , in line with the realities of recreational fishing practices and catches . recreational catches of certain species of high commercial value should be indicated by means of the ablation of part of the tail fin , so that these catches cannot easily be used illegally in commercial fish distribution channels .


### the commission shall publish the total number of allowances in circulation each year , by 15 may of the subsequent year . the total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 january 2008 , including the number issued pursuant to article 13 of directive 2003 / 87 / ec in that period and entitlements to use international credits exercised by installations under the eu emission trading system in respect of emissions up to 31 december of year x , minus the cumulative tonnes of verified emissions from installations under the eu emission trading system between 1 january 2008 and 31 december of year x , any allowances cancelled in accordance with article 12 of directive 2003 / 87 / ec and the number of allowances in the reserve . no account shall be taken of emissions during the three - year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions . the first publication shall take place by 15 may 2017 . ### the commission shall publish the total number of allowances in circulation each year , by 15 may of the subsequent year . the total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 january 2008 , including the number issued pursuant to article 13 of directive 2003 / 87 / ec in that period and entitlements to use international credits exercised by installations under the eu emission trading system in respect of emissions up to 31 december of year x , minus the cumulative tonnes of verified emissions from installations under the eu emission trading system between 1 january 2008 and 31 december of year x , any allowances cancelled in accordance with article 12 of directive 2003 / 87 / ec and the number of allowances in the reserve . no account shall be taken of emissions during the three - year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions . the first publication shall take place by 15 may 2016 .


### in each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation in year x - 2 , as published in may year x - 1 , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million . ### by 30 june of each year beginning in 2017 , a number of allowances equal to 33% of the total number of allowances in circulation in year x - 1 , as published in may year x , minus 833 million shall be placed in the reserve .


### in each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation in year x - 2 , as published in year x - 1 , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million . ### in each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation in year x - 1 , as published in may year x , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million .


### by 31 december 2026 , the commission shall on the basis of an analysis of the orderly functioning of the european carbon market review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to article 1 and the numerical value of the threshold for the total number of allowances in circulation set by article 1 . ### within three years of the market stability reserve becoming fully operational , the commission shall , on the basis of an analysis of the orderly functioning of the european carbon market , review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to article 1 and the numerical value of the threshold for the total number of allowances in circulation set by article 1 with the aim of determining the effectiveness of the market stability reserve and its proportionality with respect to the impact on sectors at risk of carbon leakage and the situation of households .


### the commission should review the functioning of the market stability reserve in relation to its operation in the light of experience of its application . the review of the functioning of the market stability reserve should in particular consider whether the rules on placing allowances in the reserve are appropriate with regard to the aim pursued to tackle structural supply - demand imbalances . ### the commission should review the functioning of the market stability reserve in relation to its operation in the light of experience of its application . the review of the functioning of the market stability reserve should in particular consider whether the rules on placing and releasing allowances in and from the reserve are appropriate with regard to the aim pursued to tackle structural supply - demand imbalances . to this end , a careful assessment of the impact of important demand drivers and of other environmental policies , and the monitoring of the ability of the market stability reserve to react to those drivers and policies , will be necessary in the context of the annual carbon market report .


### the report from the commission to the european parliament and the council on the state of the european carbon market in 21027 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2021 , allowances corresponding to 12% of the number of allowances in circulation in year x - 2 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . __________________ 7 com652 final . 8 insert reference . ### the report from the commission to the european parliament and the council on the state of the european carbon market in 21027 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . the market stability reserve should be established as of the beginning of the year 2017 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2017 , allowances corresponding to 12% of the number of allowances in circulation in year x - 1 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . __________________ 7 com652 final . 8 insert reference .


### the report from the commission to the european parliament and the council on the state of the european carbon market in 21027 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2021 , allowances corresponding to 12% of the number of allowances in circulation in year x - 2 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . __________________ 7 com 652 final . 8 insert reference . ### the report from the commission to the european parliament and the council on the state of the european carbon market in 21027 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established during phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2023 , allowances corresponding to 9% of the number of allowances in circulation in year x - 1 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 700 million . __________________ 7 com 652 final . 8 insert reference .


### the report from the commission to the european parliament and the council on the state of the european carbon market in 21021 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework2 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2021 , allowances corresponding to 12% of the number of allowances in circulation in year x - 2 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . ____________________ 1 com652 final . 2 insert reference ### the report from the commission to the european parliament and the council on the state of the european carbon market in 21021 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework2 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the ets more resilient to supply - demand imbalances , and thus to correct a design error in that system , so as to enable it to function as an orderly market with stable and competitive prices , reflecting the true value of allowances , a market stability reserve should be established . the market stability reserve will also ensure synergies with other climate policies such as those on renewable energy and energy efficiency . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2021 , allowances corresponding to 12% of the number of allowances in circulation in year x - 1 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . ____________________ 1 com652 final . 2 insert reference


### market surveillance authorities shall perform their activities with a high level of transparency and shall make available to the general public any information that they deem relevant for the general public . they shall also ensure that the following information is entered in the system referred to in article 34 : ### market surveillance authorities shall ensure that the following information is entered in the system referred to in article 34 :


### the power to have access to any relevant document , data or information related to an instance of non - compliance , in any form or format and irrespective of its storage medium or the place where it is stored ; ### the power to require economic operators to make available to them such documentation , information and other technical specifications , including access to software and algorithms , that the authorities consider necessary for the purpose of carrying out the market surveillance activities ;


### market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product . ### market surveillance authorities may enter into memoranda of understanding with economic operators , or organisations representing economic operators or end - users for the carrying out , or financing , of joint activities aimed at raising awareness , providing advice and guidance in relation to the union harmonisation legislation , promoting voluntary actions , identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product , including the products sold online .


### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi . ### the european investment advisory hub should be enhanced and its activities should focus on needs , sectors and regions not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states projects that contribute to achieving the objectives of cop21 , as well as projects in sustainable transport . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the blending of other sources of union funding with the efsi in order to achieve synergies between the different sources of eu support .


### ‘ leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ’ ; ### ‘ leveraging regional and local knowledge to facilitate efsi support across the union and contributing to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib and project promoters to originate operations ; ’ ;


### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union ' s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union ' s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . more emphasis should be also placed on targeting transport projects , especially in rail and inland waterways , given their eu added value . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support .


### the eib shall target that at least 40 % of efsi financing under the infrastructure and innovation window supports projects with components that contribute to climate action , in line with the cop21 commitments . the steering board shall provide detailed guidance to that end . ; ### ' the eib shall target that at least 40 % of efsi financing under the infrastructure and innovation window supports projects with components that contribute to climate action , in line with the cop21 commitments . in particular , the eib shall target that at least 20% of the efsi financing supports projects related to development of transport infrastructures , and equipment and innovative technologies for transport , falling under point . moreover , the eib shall strive to achieve a fair geographical distribution of investments between member states . the steering board shall provide detailed guidance to that end ; '


### text proposed by the european central bank article 22 of the statute of the escb is part of chapter iv ‘ monetary functions and operations of the escb’ . the tasks conferred therein should accordingly only be used for monetary policy purposes . ### article 22 of the statute of the escb is part of chapter iv ‘ monetary functions and operations of the escb’ . the tasks conferred therein should accordingly only be used for monetary policy purposes and should be limited to tasks set out in the legislative acts adopted by the european parliament and the council as well as measures adopted under such acts .


### the member state shall be temporarily prohibited from transferring any part of its annual emission allocation to another member state until it is in compliance with this regulation . the central administrator shall implement this prohibition in the registry referred in article 11 . ### the member state shall be temporarily prohibited from transferring any part of its annual emission allocation to another member state until it is in compliance with article 4 of this regulation . the central administrator shall implement this prohibition in the registry referred in article 11 .


### an addition to the member state ' s emission figure of the following year equal to the amount in tonnes of co2 equivalent of the excess greenhouse gas emissions , multiplied by a factor of 1 . 08 , in accordance with the measures adopted pursuant to article 11 ; and ### a deduction from the member state ' s emission allocation of the following year equal to the amount in tonnes of co2 equivalent of the excess greenhouse gas emissions , multiplied by a factor of 1 . 08 , in accordance with the measures adopted pursuant to article 11 ; and


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2021 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . each member state shall also ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the limit set for each member state by 2020 in decision no 406 / 2009 / ec .


### a range of union measures enhance member states’ ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this regulation . these include legislation on fluorinated greenhouse gases , co2 - reductions from road vehicles , energy performance of building , renewables , energy efficiency and the circular economy , as well as union funding instruments for climate - related investments . ### a range of union measures enhance member states ' ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this regulation . these include legislation on fluorinated greenhouse gases , co2 - reductions from road vehicles , energy performance of building , renewables , energy efficiency and the circular economy , as well as union funding instruments for climate - related investments , including all instruments under the common agricultural policy .


### a member state may transfer up to 5% of its annual emission allocation for a given year to other member states . the receiving member state may use this quantity for compliance under article 9 for the given year or for subsequent years until 2030 . ### a member state may transfer up to 10% of its annual emission allocation for a given year to other member states . the receiving member state may use this quantity for compliance under article 9 for the given year or for subsequent years until 2030 .


### in respect of the years 2021 to 2029 , a member state may borrow a quantity of up to 5% from its annual emission allocation for the following year . ### in respect of the years 2021 to 2029 , a member state may borrow a quantity of up to 10% from its annual emission allocation for the following year .


### additional use of up to 280 million net removals from deforested land , afforested land , managed cropland and managed grassland ### additional use of up to 425 million net removals from lulucf


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed forest land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### the union is confronted with structural challenges arising from economic globalisation , the management of migration flows and the increased security threat , clean energy transition , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by investing in relevant skills , making growth more inclusive and by improving employment and social policies , including in view of labour mobility . ### the union is confronted with structural challenges arising from social inequalities , economic globalisation , the management of migration flows and related inclusion challenges , clean energy transition , technological change , demographic challenges , unequal access to education and social protection , unbalanced distribution of care responsibilities , and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by engaging in the just transition , investing in quality and inclusive education and training , lifelong learning and relevant skills , making labour markets more inclusive and by improving employment , education and social policies , including in view of labour mobility and by fighting against gender gaps .


### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . the esf + should help progression within education and training and transition to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications . ### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards cultural awareness and expression and digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . the esf + should help progression within education and training and transition to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications .


### improving the quality , effectiveness and labour market relevance of education and training systems , to support acquisition of key competences including digital skills ; ### improving the quality , effectiveness and labour market relevance of education and training systems , to support acquisition of key competences including digital skills and cultural awareness and expression ;


### support through the esf + should be used to promote equal access for all , in particular for disadvantaged groups , to quality , non - segregated and inclusive education and training , from early childhood education and care through general and vocational education and training and to tertiary level , as well as adult education and learning , thereby fostering permeability between education and training sectors , preventing early school leaving , improving health literacy , reinforcing links with non - formal and informal learning and facilitating learning mobility for all . synergies with the erasmus programme , notably to facilitate the participation of disadvantaged learners in learning mobility , should be supported within this context . ### support through the esf + should be used to promote equal access for all , in particular for disadvantaged groups , to quality , non - segregated and inclusive education and training , from early childhood education and care through general and vocational education and training and to tertiary level , as well as adult education and learning and to cultural activities , thereby fostering permeability between education and training sectors , preventing early school leaving , improving health literacy , reinforcing links with non - formal and informal learning and facilitating learning mobility for all . synergies with the erasmus programme , notably to facilitate the participation of disadvantaged learners in learning mobility , should be supported within this context .


### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce . ### the esf + should aim to promote quality employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment , with the accompanying adaptation of social protection systems , and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted and personalised counselling and guidance during the job search and the transition from education to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce .


### productive aquaculture investments under this article may only be supported through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation . ### productive aquaculture investments under this article may be supported through grants and through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation .


### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; ### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 90 days on average per year during the last two calendar years preceding the year of submission of the application for support ;


### owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; or ### owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days during the last two calendar years preceding the year of submission of the application for support ; or


### fishers who have worked at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support on board a union fishing vessel concerned by the extraordinary cessation . ### fishers who have worked at sea for an average of at least 90 days during the last one calendar year preceding the year of submission of the application for support on board a union fishing vessel concerned by the extraordinary cessation .


### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; ### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 90 days in each of the last two calendar years preceding the year of submission of the application for support ;