### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material . the need to increase the number of works and other protected subject - matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level . the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201412 . it requires contracting parties to provide exceptions or limitations to the exclusive rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter and for the cross - border exchange of those accessible format copies . the beneficiaries of the marrakesh treaty are persons who are blind , visually impaired or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus and move the eyes to the extent that would be normally acceptable for reading due to a physical disability . _________________ 12 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled . ### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material . the need to increase the number of works and other protected subject - matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level . the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 2014 , having already been adopted by the world intellectual property organization in 201312 . it requires contracting parties to provide exceptions or limitations to the exclusive rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter and for the cross - border exchange of those accessible format copies . the beneficiaries of the marrakesh treaty are persons who are blind , visually impaired or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus and move the eyes to the extent that would be normally acceptable for reading due to a physical disability . _________________ 12 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled .


### directive [ … ] endeavours to implement the union ' s obligations under the marrakesh treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons and their circulation within the internal market . the directive requires member states to introduce a mandatory exception to certain rights of right holders that are harmonised by union law . the objectives of this regulation are to implement the obligations in the marrakesh treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the union and third countries that are parties to the marrakesh treaty , and to lay down the conditions for such export and import . such measures may only be taken at union level as the exchange of accessible format copies of works and other subject - matter concerns the commercial aspects of intellectual property . a regulation is the only appropriate instrument . ### directive [ … ] endeavours to implement the union ' s obligations under the marrakesh treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons in all eu member states and their circulation within the internal market . the directive requires member states to introduce a mandatory exception to certain rights of right holders that are harmonised by union law . the objectives of this regulation are to implement the obligations in the marrakesh treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the union and third countries that are parties to the marrakesh treaty , and to lay down the conditions for such export and import . such measures may only be taken at union level as the exchange of accessible format copies of works and other subject - matter concerns the commercial aspects of intellectual property . a regulation is therefore the only appropriate instrument .


### the regulation should ensure that accessible format copies of books , journals , newspapers , magazines and other writings , sheet music and other print material , which have been made in any member state in accordance with the national provisions adopted pursuant to directive [ … ] may be exported to third countries that are parties to the marrakesh treaty . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . the distribution , communication or making available of accessible format copies to print disabled persons or to authorised entities in the third country should only be carried out on a non - profit basis by authorised entities established in the union . ### the regulation should ensure that accessible format copies of books , journals , newspapers , magazines and other writings , sheet music and other print material , which have been made in any member state in accordance with the national provisions adopted pursuant to directive [ … ] may be disseminated to third countries that are parties to the marrakesh treaty . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . the distribution , communication or making available of accessible format copies to print disabled persons or to authorised entities in the third country should only be carried out on a non - profit basis by authorised entities established in the union .


### in accordance with the principle of subsidiarity , member states should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘ pillars’ of the retirement system in individual member states . in the context of the second pillar , they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question . ### in accordance with the principle of subsidiarity , member states are to retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘ pillars’ of the retirement system in individual member states . in the context of the second pillar , they also are required to retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question .


### in order to ensure the effective application and management of the tariff quotas granted under the agreement , as well as to ensure legal certainty and equal treatment with regard to the levying of duties , certain provisions of this regulation should apply from the date of entry into force of the agreement , ### in order to ensure legal certainty and equal treatment with regard to the levying of duties , certain provisions of this regulation should be reviewed .


### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or alternative fuels . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions . ### an important objective of this programme is to deliver increased synergies and complementarities between the transport , energy and digital sectors , bearing in mind the rapid development of new technologies in these areas . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility , including the necessary digital infrastructure or alternative fuels . in addition , the programme should allow , within each sector mentioned above , the possibility of considering eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between the above - mentioned sectors should be incentivized through the award criteria for the selection of actions and complementarities with other union instruments should also be pursued .


### the trans - european transport network guidelines as laid down in regulation no 1315 / 2013 of the european parliament and of the council19 identify the infrastructure of the ten - t , specify the requirements to be fulfilled by it and provide for measures for their implementation . those guidelines envisage , in particular , the completion of the core network by 2030 through the creation of new infrastructure as well as the substantial upgrading and rehabilitation of existing infrastructure . _________________ 19 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu . ### the trans - european transport network guidelines as laid down in regulation no 1315 / 2013 of the european parliament and of the council19 identify the infrastructure of the ten - t , specify the requirements to be fulfilled by it and provide for measures for their implementation . those guidelines envisage , in particular , the completion of the core network by 2030 through the creation of new infrastructure and new cross - border connections , as well as the substantial upgrading and rehabilitation of existing infrastructure . in parallel to the completion of the core network , priority will be given to providing environmentally friendly public transport links to ten - t nodes . _________________ 19 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu .


### in order to reflect growing transport flows and the evolution of the network , the alignment of the core network corridors and their pre - identified sections should be adapted . these adaptations should be proportionate in order to preserve the consistency and the efficiency of the corridor development and coordination . for that reason the length of the core network corridors should not increase by more than 15 % . ### in order to reflect growing transport flows and the evolution of the network , the alignment of the core network corridors , the urban nodes and their pre - identified sections should be adapted . these adaptations should be proportionate in order to preserve the balance , the consistency and the efficiency of the corridor development and coordination . for that reason the length of the core network corridors should not increase by more than 15 % .


### the achievement of the digital single market relies on the underlying digital connectivity infrastructure . the digitalisation of european industry and the modernisation of sectors like transport , energy , healthcare and public administration depend on universal access to reliable , affordable , high and very high capacity networks . digital connectivity has become one of the decisive factors to close economic , social and territorial divides , supporting the modernisation of local economies and underpinning the diversification of economic activities . the scope of intervention of the programme in the area of digital connectivity infrastructure should be adjusted to reflect its increasing importance for the economy and the society at large . therefore , it is necessary to set out the digital connectivity infrastructure projects of common interest needed to meet union ' s digital single market objectives , and to repeal regulation no 283 / 2014 of the european parliament and of the council29 . _________________ 29 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec . ### the achievement of the digital single market relies on the underlying digital connectivity infrastructure . the digitalisation of european industry and the modernisation of sectors like transport , energy , healthcare and public administration depend on universal access to reliable , affordable , high and very high capacity networks . digital connectivity has become one of the decisive factors to close economic , social and territorial divides , supporting the modernisation of local and regional economies and underpinning the diversification of economic activities . together with automated driving , digitalisation is one of the most effective means to address the structural disadvantage of rural areas and should therefore be encouraged more . the scope of intervention of the programme in the area of digital connectivity infrastructure should be adjusted to reflect its increasing importance for the economy and the society at large , including through better public access to digital technology . therefore , it is necessary to set out the cross - border and other digital connectivity infrastructure projects of common interest needed to meet the union ' s digital single market objectives , and to repeal regulation no 283 / 2014 of the european parliament and of the council29 _________________ 29 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec .


### actions implementing sections of the comprehensive network located in outermost regions in accordance with chapter ii of regulation no 1315 / 2013 , including actions relating to the relevant urban nodes , maritime ports , inland ports and rail - road terminals of the comprehensive network as defined at annex ii to regulation no 1315 / 2013 ; ### actions implementing sections of the comprehensive network in eu border and outermost regions , including actions relating to the relevant urban nodes , maritime ports , inland ports , airports and rail - road terminals of the comprehensive network as defined at annex ii to regulation no 1315 / 2013 ;


### an effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . ### an effective implementation of the type - approval requirements must be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services .


### in order to increase transparency and mutual trust and to further align and develop the criteria for the assessment , designation , and notification of technical services , as well as extension and renewal procedures , member states should cooperate with each other and with the commission . they should consult each other and the commission on questions with general relevance for the implementation of this regulation and inform each other and the commission on their model assessment checklist . ### in order to increase transparency and mutual trust and to further align and develop the criteria for the assessment , designation , and notification of technical services , as well as extension and renewal procedures , member states should cooperate with each other and with the commission . they should consult each other , as well as consulting parliament and the commission on questions with general relevance for the implementation of this regulation and inform each other , as well as parliament and the commission on their model assessment checklist .


### for the following vehicles and machinery , the manufacturer may apply for type - approval or individual vehicle approval under this regulation , provided that those vehicles fulfil the substantive requirements of this regulation : ### for the following vehicles and machinery , the manufacturer may apply for type - approval or individual vehicle approval under this regulation , provided that those vehicles fulfil the requirements of this regulation :


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , the commission , the forum established in article 10 , and , in accordance with article 12 of directive 2016 / xxx on the reduction of national emissions of certain atmospheric pollutants and amending directive 2003 / 35 / ec , the european clean air forum . the member state concerned shall make a summary of the results accessible to the public , which shall include in particular the number of type - approvals granted or rejected , the subject of the type - approval certificate , and the identity of the corresponding manufacturers .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . the summary shall include a list of those vehicles , systems , components or separate technical units that are found not to be in compliance with the requirements of this regulation , if any , the identity of the corresponding manufacturers , and a short description of the nature of the non - compliance .


### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . ### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information , including such information as may be supplied by recognised third - party testers .


### its advisory tasks shall comprise inter alia the promotion of good practices , the exchange of information on enforcement problems , cooperation , development of working methods and tools , development of an electronic information exchange procedure , evaluation of harmonised enforcement projects , penalties and joint inspections . ### its advisory tasks shall comprise : to contribute to the promotion of good practices aimed at ensuring effective and harmonised implementation of this regulation , in particular regarding the assessment , designation and monitoring of designated bodies and the general application of the requirements laid down in this regulation , and including consideration of evidence or other information requested from relevant third parties ; to assist the competent authorities of the member states in market surveillance activities , including coordination , where appropriate and requested by member states , of national market surveillance activities , either on a regional or pan - european basis ; to assess the results of reviews , both under article 6 and following a peer - review under article 71 , of the functioning of type approval authorities and to make general recommendations arising from one or more such reviews ; to assess the results of reviews of the functioning of market surveillance activities and to make general recommendations arising from one or more such reviews ; to assess the results of assessments , both under article 80 and following a joint assessment under article 80 , of the functioning of technical services and to make general recommendations arising from one or more such reviews to assess the effectiveness of enforcement activities , including , where relevant , the consistency and effectiveness of any repair , recall or penalty applied by member states where the non - compliance affected vehicles , systems , components or separate technical units placed on the market in more than one member state , and , where requested , to make general recommendations arising from such an assessment . this assessment shall be undertaken at least every two years .


### member states shall establish a national fee structure to cover the costs for their type - approvals and market surveillance activities as well as for the type - approval testing and conformity of production testing and inspections carried out by the technical services they have designated . ### member states shall ensure that there is no conflict of interest or overlap of functions between national type - approval or market surveillance authorities , technical services and manufacturers . for this purpose they shall put in place independent and transparent funding provisions to ensure there is no commercial link between testing bodies used for type approval and the manufacturers concerned . member states may establish a national fee structure to cover the costs for their type - approvals and market surveillance activities as well as for the type - approval testing and conformity of production testing and inspections carried out by the technical services they have designated .


### the granting of eu type - approvals exempting new technologies or new concepts shall be subject to authorisation by the commission . that authorisation shall be given by means of an implementing act . that implementing act shall be adopted in accordance with the examination procedure referred to in article 87 . ### the granting of eu type - approvals exempting new technologies or new concepts shall be subject to authorisation by the commission . the commission shall prioritise and expedite eu type - approvals for new and innovative technologies which produce significantly lower environmental impacts . authorisation shall be given by means of an implementing act . that implementing act shall be adopted in accordance with the examination procedure referred to in article 87 .


### member states may decide to exempt a particular vehicle , whether unique or not , from compliance with one or more of the provisions of this regulation or with the substantive requirements laid down in the regulatory acts listed in annex iv , provided that those member states impose relevant alternative requirements . ### member states may decide to exempt a particular vehicle , whether unique or not , from compliance with one or more of the provisions of this regulation or with the requirements laid down in the regulatory acts listed in annex iv , provided that those member states impose relevant alternative requirements .


### personal data may be processed only for the purposes of : ### personal data may be processed only in accordance with the principles of personal data protection and for the purposes of :


### member states shall exchange information with the competent authorities of other member states concerning the certification of persons involved in the operation of a vessel . ### member states shall exchange information with the competent authorities of other member states concerning the certification of persons involved in the operation of a vessel , respecting at all times the principles of data protection .


### the amount of the guarantee fund in surplus exceeding 10% of the union ' s total outstanding capital liabilities should be paid back to the general budget of the union in order to better protect the budget against potential additional risk of default of the eib financing operations addressing root causes of migration . ### the amount of the guarantee fund in surplus exceeding 10% of the union ' s total outstanding capital liabilities should be paid back to the general budget of the union in order to better protect the budget against potential additional risk of default of the eib financing operations addressing migratory pressures stemming from poverty , inequality , demographic growth , lack of employment and economic opportunities , climate change and the long term consequences of forced displacement .


### collective out - of - court settlements aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action . ### collective out - of - court settlements aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action . member states should ensure that collective adr schemes are available as a complementary procedure which ensures that eu consumers have access to the quality - ensured out - of - court dispute resolution systems for both domestic and cross - border contractual disputes .


### ensuring that consumers are informed about a representative action is crucial for its success . consumers should be informed of ongoing representative action , the fact that a trader ' s practice has been considered as a breach of law , their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned , particularly for obtaining redress . the reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights . ### ensuring that affected consumers are informed about a representative action is crucial for its success . consumers should be informed about the final decisions of an injuntion order which is providing for measures and the approved settlements appropriately to the circumstances of the case . consumers affected should be informed that a trader ' s practice has been considered as a breach of law by the final injunction order , their rights following the establishment of an infringement and a possibility of any subsequent steps such as a representative action to be taken by consumers concerned . the presumtion of innocence principle and reputational risks related to speading information about a potential infringement should be taken into account .


### member states shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case . ### member states shall ensure that where a representative action is funded by a third party the court is allowed to stay the proceedings if : there is a conflict of interests between the third party and the qualified entity and the consumers it represents ; the third party has insufficient resources in order to meet its financial commitments to the qualified entity ; the qualified entity has insufficient resources to meet any adverse costs should the representative action fail .


### member states shall ensure that , at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action , and has indicated further evidence which lies in the control of the defendant , the court or administrative authority may order , in accordance with national procedural rules , that such evidence be presented by the defendant , subject to the applicable union and national rules on confidentiality . ### member states shall ensure that , at the request of one of the parties that has presented reasonably available facts and evidence sufficient to support his views , and has indicated further evidence which lies in the control of the other party , the court or administrative authority may order , in accordance with national procedural rules , that such evidence be presented by this party , subject to the applicable union and national rules on confidentiality .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation or long administrative procedures .


### the importance of whistleblower protection in terms of preventing and deterring breaches of union rules on transport safety which can endanger human lives has been already acknowledged in sectorial union instruments on aviation safety38and maritime transport safety39 , which provide for tailored measures of protection to whistleblowers as well as specific reporting channels . these instruments also include the protection from retaliation of the workers reporting on their own honest mistakes . it is necessary to complement the existing elements of whistleblower protection in these two sectors as well as to provide such protection to enhance the enforcement of safety standards for other transport modes , namely road and railway transport . _________________ 38 regulation no 376 / 2014 of the european parliament and of the council , of 3 april 2014 , on the reporting , analysis and follow - up of occurrences in civil aviation . 39 directive 2013 / 54 / eu , of the european parliament and of the council , of 20 november 2013 , concerning certain flag state responsibilities for compliance with and enforcement of the maritime labour convention , directive 2009 / 16 / ec of the european parliament and of the council , of 23 april 2009 , on port state control . ### the importance of whistleblower protection in terms of preventing and deterring breaches of union rules on transport safety which can endanger human lives has been already acknowledged in sectorial union instruments on aviation safety38 and maritime transport safety39 , which provide for tailored measures of protection to whistleblowers as well as specific reporting channels . these instruments also include the protection from retaliation of the workers reporting on their own honest mistakes . it is necessary to complement the existing elements of whistleblower protection in these two sectors as well as to provide such protection to enhance the enforcement of safety standards for other transport modes , namely special , inland waterway , road and railway transport . _________________ 38 regulation no 376 / 2014 of the european parliament and of the council , of 3 april 2014 , on the reporting , analysis and follow - up of occurrences in civil aviation . 39 directive 2013 / 54 / eu , of the european parliament and of the council , of 20 november 2013 , concerning certain flag state responsibilities for compliance with and enforcement of the maritime labour convention , directive 2009 / 16 / ec of the european parliament and of the council , of 23 april 2009 , on port state control .


### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services and basic utilities . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality reports by the employees of the entity and of its subsidiaries or affiliates , but also , to any extent possible , by any of the group’s agents and suppliers and by any person who acquires information through his / her work - related activities with the entity and the group . ### internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality reports by the employees of the entity and of its subsidiaries or affiliates , but also , to any extent possible , by any of the group’s agents and suppliers and by any person who acquires information through his / her work - related activities with the entity and the group , and - where possible - in conditions involving minimal administrative procedures and no unnecessarily long interviews in the collection of reports .


### the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person ; ### the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person without long and pointless administrative procedures ;


### two years after the start of operations of the ecris - tcn system and every year thereafter , eu - lisa shall submit to the commission a report on the technical functioning of the ecris - tcn system and the ecris reference implementation , including the security thereof , based in particular on the statistics on the functioning and use of ecris - tcn system and on the exchange , through the ecris reference implementation , of information extracted from the criminal records . ### one year after the start of operations of the ecris - tcn system and every year thereafter , eu - lisa shall submit to the commission a report on the technical functioning of the ecris - tcn system and the ecris reference implementation , including the costs and the security thereof , based in particular on the statistics on the functioning and use of ecris - tcn system and on the exchange , through the ecris reference implementation , of information extracted from the criminal records .


### three years after the start of operations of the ecris - tcn system and every four years thereafter , the commission shall produce an overall evaluation of the ecris - tcn system and the ecris reference implementation . that overall evaluation shall include an assessment of the application of the regulation , an examination of results achieved against objectives and the impact on fundamental rights , and an assessment of the continuing validity of the underlying rationale , the application of the regulation , the security of the system and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council . ### one year after the start of operations of the ecris - tcn system and every two years thereafter , the commission shall produce an overall evaluation of the ecris - tcn system and the ecris reference implementation . that overall evaluation shall include an assessment of the application of the regulation , an examination of results achieved against objectives and the impact on fundamental rights , as well as the costs , and an assessment of the continuing validity of the underlying rationale , the application of the regulation , the security of the system and any implications on future operations , and shall make any necessary recommendations , including a detailed assessment of their budgetary implications . the commission shall transmit the evaluation report to the european parliament and the council .


### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc . ### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing conclusions to be drawn regarding the private lives of the persons involved in the electronic communication .


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . this regulation should apply to electronic communications data using publically available electronic communications services and public communications networks . in this context , publicly available means only services intended for consumers . it should not include services intended for business users , nor should the means of the delivery of the service in question , whether obtained over the public internet or not have any bearing on the interpretation of whether the service is publicly available or not . this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications during transmission is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . the processing of pseudonymised data , should be incentivized as the act of psedonymisation dramatically reduces any privacy and security risk associated with processing of data related to transmission . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the appropriate quality of service requirements , such as latency , jitter etc .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications metadata can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , in accordance with article 6 and 6 of regulation no 2016 / 679 . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to comply with regulation no 2016 / 679 when processing electronic communications metadata , which should include data on the location of the device . as an exception from obtaining end - users ' consent , the processing of electronic communications metadata for purposes other than those for which the personal data were initially collected should be allowed in cases where further processing is compatible in accordance with article 6 of regulation 2016 / 679 . generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . therefore , whenever the purpose of further processing cannot be achieved by processing data that is made anonymous , pseudonymisation of data should be allowed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . this may also cover situations where end - users use a service across devices for the purpose of service personalisation and content recommendation . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities .


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in a an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . therefore providers of software enabling publically available electronic communications services and permitting the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers end - users a set of privacy setting options in order that end - users may actively select a preferred option after being given the necessary information to make the choice . such privacy settings should be presented in an easily visible and intelligible manner .


### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that end - users that are natural persons are asked for consent before their personal data are included in a directory . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory . ### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person acting out of their business capacity requires that end - users that are natural persons are provided , upon request , with transparent information about the data being included in the directory and the means to verify , correct , update , supplement and delete data relating to them free of charge . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory .


### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user ' s contact details can be searched should not necessarily be the same . ### if end - users that are natural persons do not object to the inclusion of their data by providers of number - based interpersonal communication services and electronic communication providers in public directories , they should be able to determine which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory .


### it is necessary for providing an information society service requested by the end - user ; or ### it is necessary for providing an information society service requested by the end - user ; particularly to preserve or restore the security of electronic communication services , or to detect technical faults for the duration necessary for that purpose ; or


### software placed on the market permitting electronic communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment . ### software placed on the market permitting electronic interpersonal communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment .


### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end - users’ consent before enabling such search functions related to their own data . ### the providers of a publicly available directory shall inform end - users who are natural persons and acting out of their business capacity whose personal data are in the directory of the available search functions of the directory . providers of number - based interpersonal communications services and electronic communications service providers shall inform end - users when new search functions are made available .


### the providers of publicly available directories shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct and delete such data . ### the providers electronic information , communication and telecommunication services shall provide end - users that are legal persons or natural persons acting in their business capacity with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct , update , supplement and delete such data .


### the new european fund for sustainable development plus , building on its successful predecessor , the efsd70 , should constitute an integrated financial package supplying financing capacity in the form of grants , budgetary guarantees and financial instruments worldwide . the efsd + should support the external investment plan and combine blending and budgetary guarantee operations covered by the external action guarantee , including those covering sovereign risks associated with lending operations , previously carried out under the external lending mandate to the european investment bank . given its role under the treaties and its experience over the last decades in supporting union policies , the european investment bank should remain a natural partner for the commission for the implementation of operations under the external action guarantee . _________________ 70 regulation 2017 / 1601 of the european parliament and of the council of 26 september 2017 establishing the european fund for sustainable development , the efsd guarantee and the efsd guarantee fund . ### the new european fund for sustainable development plus , building on its successful predecessor , the efsd70 , should constitute an integrated financial package supplying financing capacity in the form of grants , budgetary guarantees and financial instruments worldwide . the efsd + should support the external investment plan and combine blending and budgetary guarantee operations covered by the external action guarantee , including those covering sovereign risks associated with lending operations , previously carried out under the external lending mandate to the european investment bank . given its role under the treaties and its experience over the last decades in supporting union policies , the european investment bank should remain the natural partner for the commission for the implementation of operations under the external action guarantee and will continue to be ensured a role in eu external financing via a renewed external lending mandate plus . _________________ 70 regulation 2017 / 1601 of the european parliament and of the council of 26 september 2017 establishing the european fund for sustainable development , the efsd guarantee and the efsd guarantee fund .


### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders linked to crisis and post - crisis situations or migratory pressure ; ### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders or those in third countries linked to crisis , either natural or man - made , and post - crisis situations or to migration phenomena , in particular forced displacement ;


### each member state shall set up or authorise a body with the task of providing compensation , at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in article 3 has not been satisfied . ### in article 10 , the first subparagraph of paragraph 1 is amended as follows : each member state shall set up or authorise a body with the task of providing compensation , at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in article 3 has not been satisfied , including with respect to incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act .


### member states shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any requirements other than those laid down in this directive and in particular not the requirement that the injured party should establish that the party liable is unable or refuses to pay . ### member states shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any reduction or requirements other than those laid down in this directive and in particular not the requirement that the injured party should establish that the party liable or the insurance undertaking is unable or refuses to pay .


### to safeguard compliance with the obligations laid down in this directive and [ regulation - - - / - - - - [ ifr ] , member states should provide for administrative penalties and other administrative measures which are effective , proportionate and dissuasive . in order to ensure that administrative penalties have a dissuasive effect they should be published except in certain well - defined circumstances . to enable clients and investors to make an informed decision about their investment options , those clients and investors should have access to information on administrative penalties and measures imposed on investment firms . ### to safeguard compliance with the obligations laid down in this directive and [ regulation - - - / - - - - [ ifr ] , member states should provide for administrative penalties and other administrative measures which are effective , proportionate and dissuasive . in order to ensure that administrative penalties have a dissuasive effect they should be published except in certain well - defined and justified circumstances . to enable clients and investors to make an informed decision about their investment options , those clients and investors should have access to information on administrative penalties and measures imposed on investment firms .


### competent authorities make every effort to comply with the guidelines and recommendations issued by eba pursuant to article 16 of regulation no 1093 / 2010 of the european parliament and of the council38 and to respond to the warnings and recommendations issued by the european systemic risk board pursuant to article 16 of regulation no 1092 / 2010 of the european parliament and of the council39 ; _________________ 38 regulation no 1093 / 2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority , amending decision no 716 / 2009 / ec and repealing commission decision 2009 / 78 / ec . 39 regulation no 1092 / 2010 of the european parliament and of the council of 24 november 2010 on european union macro - prudential oversight of the financial system and establishing a european systemic risk board . ### competent authorities make every effort to ensure compliance with the guidelines and recommendations issued by eba pursuant to article 16 of regulation no 1093 / 2010 of the european parliament and of the council38 and to respond to the warnings and recommendations issued by the european systemic risk board pursuant to article 16 of regulation no 1092 / 2010 of the european parliament and of the council39 ; _________________ 38 regulation no 1093 / 2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority , amending decision no 716 / 2009 / ec and repealing commission decision 2009 / 78 / ec . 39 regulation no 1092 / 2010 of the european parliament and of the council of 24 november 2010 on european union macro - prudential oversight of the financial system and establishing a european systemic risk board .


### the commission shall update , by means of implementing acts , the amount of initial capital referred to in paragraphs 1 to 3 of this article to take account of developments in the economic and monetary field . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 . ### the commission shall update , by implementing acts , the amount of initial capital referred to in paragraphs 1 to 3 of this article to take account of developments in the economic and monetary field . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 56 .


### eba shall submit the draft technical standards referred to in paragraphs 6 and 7 to the commission by [ nine months from the date of entry into force of this directive ] . ### eba shall submit the draft technical standards referred to in paragraphs 6 and 7 to the commission by [ ten months from the date of entry into force of this directive ] .


### competent authorities may exchange confidential information for the purposes of paragraph 2 , may expressly state how that information is to be treated and may expressly restrict any further transmission of that information . ### competent authorities may exchange confidential information for the purposes of paragraph 2 , may expressly state how that information is to be treated and may restrict any further transmission of that information .


### in case of a legal person , administrative pecuniary penalties of up to 10% of the total annual net turnover , including the gross income consisting of interest receivable and similar income , income from shares and other variable or fixed - yield securities , and commissions or fees of the undertaking in the preceding business year ; ### in case of legal persons , administrative pecuniary penalties of up to 10% of the total annual net turnover , including the gross income consisting of interest receivable and similar income , income from shares and other variable or fixed - yield securities , and commissions or fees of the undertaking in the preceding business year ;


### member states shall ensure that investment firms subject to this section implement the requirements of this section in their subsidiaries that are financial institutions as defined in article 4 of [ regulation - - - / - - - - [ ifr ] , including those established in third countries , unless the parent undertaking in the union can demonstrate to the competent authorities that the application of this section is unlawful under the laws of the third country where those subsidiaries are established . ### member states shall ensure that investment firms subject to this section implement the requirements of this section in their subsidiaries that are financial institutions as defined in article 4 of [ regulation - - - / - - - - [ ifr ] , including those established in third countries , unless the parent undertaking in the union demonstrates to the competent authorities that the application of this section is unlawful under the laws of the third country where those subsidiaries are established .


### member states shall ensure that investment firms apply the principles referred to in paragraph 1 in a manner that is appropriate to their size and internal organisation and to the nature , the scope and complexity of their activities . ### member states shall ensure that investment firms apply the principles referred to in paragraph 1 in a manner that is proportionate and appropriate to their size , internal organisation and to the nature , the scope and complexity of their activities .


### an investment firm , the asset value of which is on average equal to or less than eur 100 million over the four - year period immediately preceding the given financial year ; ### an investment firm , the asset value of which is on average equal to or less than eur 5 billion over the four - year period preceding the given financial year ;


### eba , in consultation with esma , shall issue guidelines on the application of sound remuneration policies . those guidelines shall take into account at least the requirements referred to in articles 28 to 31 and principles on sound remuneration policies set out in commission recommendation 2009 / 384 / ec43 . _________________ 43 commission recommendation 2009 / 384 / ec of 30 april 2009 on remuneration policies in the financial services sector . ### eba , in consultation with esma , shall propose guidelines on the application of sound remuneration policies . those guidelines shall take into account at least the requirements referred to in articles 28 to 31 and principles on sound remuneration policies set out in commission recommendation 2009 / 384 / ec43 . _________________ 43 commission recommendation 2009 / 384 / ec of 30 april 2009 on remuneration policies in the financial services sector .


### member states shall ensure that investment firms provide competent authorities , where requested , with information on the number of natural persons per investment firm that are remunerated eur 1 million or more per financial year , in pay brackets of eur 1 million , including information on their job responsibilities , the business area involved and the main elements of salary , bonus , long - term award and pension contribution . competent authorities shall forward that information to eba , which shall publish it on an aggregate home member state basis in a common reporting format . eba , in consultation with esma , may elaborate guidelines to facilitate the implementation of this paragraph and to ensure the consistency of the information collected . ### member states shall ensure that investment firms provide competent authorities , where requested , with information on the number of natural persons per investment firm that are remunerated eur 1 million or more per financial year , in pay brackets of eur 1 million , including information on their job responsibilities , the business area involved and the salary , bonus , long - term award and pension contribution . competent authorities shall forward that information to eba , which shall publish it on an aggregate home member state basis in a common reporting format . eba , in consultation with esma , may elaborate guidelines to facilitate the implementation of this paragraph and to ensure the consistency of the information collected .


### to require investment firms to limit variable remuneration as a percentage of net revenues where that remuneration is inconsistent with the maintenance of a sound capital base ; ### to require investment firms to set variable remuneration as a percentage of net revenues where that remuneration is inconsistent with the maintenance of a sound capital base ;


### the system established by regulation no 182 / 2011 has , overall , proven to work well in practice and struck an appropriate institutional balance as regards the roles of the commission and the other actors involved . that system should therefore continue to function unchanged except for certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee . these amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without , however , modifying the legal and institutional responsibilities for implementing acts as organised by regulation no 182 / 2011 . ### the system established by regulation no 182 / 2011 has , overall , proven to work well in practice and struck an appropriate institutional balance as regards the roles of the commission and the other actors involved . that system should therefore continue to function unchanged except for certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee as well as the introduction of a right to call back implementing acts , inspired by work on the convention on the future of europe and essential to any worthwhile scrutiny of the implementing powers conferred on the commission . these amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without , however , modifying the legal and institutional responsibilities for implementing acts as organised by regulation no 182 / 2011 .


### data value chains are built on different data activities : data creation and collection ; data aggregation and organisation ; data storage and processing ; data analysis , marketing and distribution ; use and re - use of data . the effective and efficient functioning of data storage and other processing is a fundamental building block in any data value chain . however , such effective and efficient functioning and the development of the data economy in the union are hampered , in particular , by two types of obstacles to data mobility and to the internal market . ### data value chains are built on different data activities : data creation and collection ; data aggregation and organisation ; data processing ; data analysis , marketing and distribution ; use and re - use of data . the effective and efficient functioning of data processing is a fundamental building block in any data value chain . however , such effective and efficient functioning and the development of the data economy in the union are hampered , in particular , by two types of obstacles to data mobility and to the internal market .


### the freedom of establishment and the freedom to provide services under the treaty on the functioning of the european union apply to data storage or other processing services . however , the provision of those services is hampered or sometimes prevented by certain national requirements to locate data in a specific territory . ### the freedom of establishment and the freedom to provide services stipulated in articles 26 , 49 to 55 and 56 to 62 of the treaty on the functioning of the european union , apply to data storage or other processing services , including porting of data . however , the provision of those services is hampered or sometimes prevented by certain national requirements to locate data in a specific territory .


### data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the union and to the internal market . as such , they should be banned unless they are justified based on the grounds of public security , as defined by union law , in particular article 52 of the treaty on the functioning of the european union , and satisfy the principle of proportionality enshrined in article 5 of the treaty on european union . in order to give effect to the principle of free flow of non - personal data across borders , to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the eu , and since this regulation provides for measures to ensure data availability for regulatory control purposes , member states should not be able to invoke justifications other than public security . ### data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the union and to the internal market . as such , they should be banned unless they are justified based on the imperative grounds of public security , as defined by union law , in particular article 52 of the treaty on the functioning of the european union , and satisfy the principle of proportionality enshrined in article 5 of the treaty on european union . in order to give effect to the principle of free flow of non - personal data across borders , to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the eu , and since this regulation provides for measures to ensure data availability for regulatory control purposes , member states should not be able to invoke justifications other than public security .


### moreover , in order to eliminate potential existing barriers , during a transitional period of 12 months , member states should carry out a review of existing national data localisation requirements and notify to the commission , together with a justification , any data localisation requirement that they consider being in compliance with this regulation . these notifications should enable the commission to assess the compliance of any remaining data localisation requirements . ### moreover , in order to eliminate potential existing barriers , during a transitional period of 12 months , member states should carry out a review of existing laws , regulations or administrative provisions of a general nature laying down data localisation requirements and communicate to the commission , together with a justification , any data localisation requirement that they consider being in compliance with this regulation . this should enable the commission to assess the compliance of any remaining data localisation requirements and if it considers them as not compliant with paragraph 1 of article 4 of this regulation it should issue a detailed opinion which should be taken in utmost account by the member state that should repeal or change the act accordingly .


### in order to ensure the transparency of data localisation requirements in the member states for natural and legal persons , such as providers and users of data storage or other processing services , member states should publish on a single online information point and regularly update the information on such measures . in order to appropriately inform legal and natural persons of data localisation requirements across the union , member states should notify to the commission the addresses of such online points . the commission should publish this information on its own website . ### in order to ensure the transparency of data localisation requirements in the member states for natural and legal persons , such as providers and users of data storage or other processing services , member states should publish on a single online information point and regularly update the information on such measures . in order to appropriately inform legal and natural persons of data localisation requirements across the union , member states should notify to the commission the addresses of such online points . the commission should publish on its own website regularly updated information on these national measures available in its official languages , together with addresses to online single points of the member states .


### ' data storage ' means any storage of data in electronic format ; ### ' processing ' means any operation or set of operations which is performed on data or on sets of data in electronic format , whether or not by automated means , such as collection , recording , organisation , structuring , storage , adaptation or alteration , retrieval , consultation , use , disclosure by transmission , dissemination or otherwise making available , alignment or combination , restriction , erasure or destruction .


### ' data localisation requirement ' means any obligation , prohibition , condition , limit or other requirement provided for in the laws , regulations or administrative provisions of the member states , which imposes the location of data storage or other processing in the territory of a specific member state or hinders storage or other processing of data in any other member state ; ### ' data localisation requirement ' means any obligation , prohibition , condition , limit or other requirement provided for in the laws , regulations or administrative provisions , including public procurement rules and practises , of the member states , imposed by local , central or regional governments or by public entities , which requires the location of data storage or other processing in the territory of a specific member state or hinders storage or other processing of data in any other member state ;


### within 12 months after the start of application of this regulation , member states shall ensure that any data localisation requirement that is not in compliance with paragraph 1 is repealed . if a member state considers that a data localisation requirement is in compliance with paragraph 1 and may therefore remain in force , it shall notify that measure to the commission , together with a justification for maintaining it in force . ### within 12 months after the start of application of this regulation , member states shall ensure that any data localisation requirement that is not in compliance with paragraph 1 is repealed . by the end of this period if a member state considers that a data localisation requirement is in compliance with paragraph 1 and may therefore remain in force , it shall communicate that measure to the commission , together with a justification for maintaining it in force . if the commission assisted by a committee referred to in article 8 of this regulation considers this requirement as not compliant with paragraph 1 it shall issue within 3 months a detailed opinion which shall be taken in utmost account by the member state that will repeal or change the act accordingly .


### member states shall inform the commission of the address of their single information point referred to in paragraph 4 . the commission shall publish the links to such points on its website . ### member states shall inform the commission of the address of their single information point referred to in paragraph 4 . the commission shall publish on its website regularly updated information available in its official languages on the national measures referred in paragraphs 2 and 3 , together with addresses to online single points of the member states .


### the processes , technical requirements , timeframes and charges that apply in case a professional user wants to switch to another provider or port data back to its own it systems , including the processes and location of any data back - up , the available data formats and supports , the required it configuration and minimum network bandwidth ; the time required prior to initiating the porting process and the time during which the data will remain available for porting ; and the guarantees for accessing data in the case of the bankruptcy of the provider ; and ### minimum information requirements to ensure that professional users are provided with sufficiently detailed , clear and transparent information before a contract for data processing is concluded , regarding the processes , technical requirements , timeframes and charges that apply in case a professional user wants to switch to another provider or port data back to its own it systems , including the processes and location of any data back - up , the available data formats and supports , the required it configuration and minimum network bandwidth ; the time required prior to initiating the porting process and the time during which the data will remain available for porting ; and the guarantees for accessing data in the case of the bankruptcy of the provider ; and


### where a member state modifies a notified draft measure with the effect of significantly extending its scope or content , or shortening the timetable originally envisaged for implementation , or adding requirements or authorisation schemes , or making those requirements or authorisation schemes more restrictive for the establishment , or the cross - border provision of services , it shall notify the modified draft measure previously notified under paragraph 1 again , including an explanation of the objective and content of the modifications . in such a case , the previous notification shall be deemed to be withdrawn . ### where a member state substantially modifies a draft measure that is subject to an ongoing notification procedure , altering its scope or content , shortening the timetable for implementation , or adding or tightening requirements or authorisation schemes , for the establishment , or the cross - border provision of services , the member state shall modify the initial notification , including an explanation of the objective and content thereof .


### as from the date of the commission informing the notifying member state of the completeness of a notification received , a consultation of maximum three months shall take place among the notifying member state , other member states and the commission . ### once the draft measure has been notified a consultation of maximum three months shall take place among the notifying member state , other member states and the commission from the date of receipt of the notification by the commission .


### before the closure of the consultation period referred to in article 5 , the commission may alert the notifying member state of its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified and of its intention to adopt a decision referred to in article 7 . ### before the closure of the consultation period referred to in article 5 and , the commission may alert the notifying member state of its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified and of its intention to adopt a decision referred to in article 7 . the commission may issue a notice , within three months of the modification of the notification provided for in article 3 , paragraph .


### in order to secure competition and the supply of electricity at the most competitive price , member states and national regulatory authorities should facilitate cross - border access for new suppliers of electricity from different energy sources as well as for new providers of power generation , storage and demand response . ### in order to secure competition and the supply of electricity at the most competitive price , member states and national regulatory authorities should facilitate cross - border access for new suppliers of electricity from different energy sources as well as for new providers of power generation , storage and demand response . however , member states should cooperate in scheduling electricity flows and should take necessary action to prevent unscheduled loop - flows of electricity .


### when it comes to deciding at national level on the smart metering deployment , it should be possible to base this on an economic assessment . should that assessment conclude that the introduction of such metering systems is economically reasonable and cost - effective only for consumers with a certain amount of electricity consumption , member states should be able to take that into account when proceeding with implementation . ### when it comes to deciding at national level on the smart metering deployment , it should be possible to base this on an economic assessment , but also taking into account technical feasibility and proportionality of assumed savings compared to necessary costs . should that assessment conclude that the introduction of such metering systems is economically reasonable and cost - effective only for consumers with a certain amount of electricity consumption , member states should be able to take that into account when proceeding with implementation .


### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia and black start capability ; ### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia for local grid stability , short - circuit current , and black start capability and island operation capability .


### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia and black start capability ; ### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia for local grid stability , short - circuit current and black start capability ;


### member states shall ensure that their national legislation does not unduly hamper cross - border flows of electricity , consumer participation including through demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that electricity prices reflect actual demand and supply . ### member states shall ensure that their national legislation does not unduly hamper cross - border trade of electricity , consumer participation including through demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that wholesale electricity prices reflect actual demand and supply .


### having full regard to the relevant provisions of the treaty , in particular article 106 thereof , member states may impose on undertakings operating in the electricity sector , in the general economic interest , public service obligations which may relate to security , including security of supply , regularity , quality and price of supplies and environmental protection , including energy efficiency , energy from renewable sources and climate protection . such obligations shall be clearly defined , transparent , non - discriminatory , verifiable and shall guarantee equality of access for electricity undertakings of the union to national consumers . public service obligations which concern the price setting for the supply of electricity shall comply with the requirements set out in article 5 . ### having full regard to the relevant provisions of the treaty , in particular article 106 thereof , member states may impose on undertakings operating in the electricity sector , in the general economic interest , public service obligations which may relate to security , including security of supply , regularity , quality and price of supplies and environmental protection , including energy efficiency , energy from renewable sources and climate protection . such obligations shall be clearly defined , transparent , non - discriminatory , verifiable and shall guarantee equality of access for electricity undertakings of the union to national consumers . in relation to security of supply , energy efficiency / demand - side management and for the fulfilment of environmental goals and aims for energy from renewable sources , as referred to in this paragraph , member states may introduces the implementation of long - term planning , taking into account the possibility of third parties seeking access to the system . public service obligations which concern the price setting for the supply of electricity shall comply with the requirements set out in article 5 .


### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract . ### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract , including the need to have an adequate electricity meter installed .


### where smart metering is negatively assessed as a result of cost - benefit assessment referred to in article 19 , nor systematically rolled out , member states shall ensure that every final customer is entitled to have installed or , where applicable , to have upgraded , on request and under fair and reasonable conditions , a smart meter that complies with the following requirements : ### where smart metering is negatively assessed as a result of cost - benefit assessment referred to in article 19 , nor systematically rolled out , member states shall ensure that every final customer is entitled to have installed or , where applicable , to have upgraded , on request and under fair and reasonable and cost effective conditions , a smart meter that complies with the following requirements :


### member states shall define a common data format and a transparent procedure for eligible parties to have access to the data listed under article 23 , in order to promote competition in the retail market and avoid excessive administrative costs for the eligible parties . ### within [ 2 years after entry into force of this directive ] member states shall define a common national data format and a transparent procedure for eligible parties to have access to the data listed under article 23 , in order to promote competition in the retail market and avoid excessive administrative costs for the eligible parties , in accordance with the principles of a common european data format and non - discriminatory and transparent procedures for accessing the data , listed under paragraph 2 .


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , develop , manage or operate storage facilities ; ### other parties , following an open and transparent tendering procedure , are not able to provide a viable proposition to own , develop , manage or operate storage facilities ;


### to request information from regional operational centres ; ### to request information from regional security coordinators ;