### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . ### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . online intermediation service providers should also provide consumers with a description of the parameters that affect ranking . the parameters should be objective and non - discriminatory and should be applied in a consistent and non - discriminatory way .


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a clear and precise description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . a description of these main parameters should also be available to consumers . the parameters should be objective and non - discriminatory and should be applied in a consistent and non - discriminatory way . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in this case , the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits , and to refuse to grant those benefits to competing user companies . if it does this , it denies competing user companies a level playing field to conduct their business , and this can , in turn , be detrimental to consumers by reducing choice , increasing costs and restricting access to information and online services . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . for the purposes of this regulation , the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics , price or usage . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


### ‘ corporate website user’ means any natural or legal person which uses websites to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ‘ corporate website user’ means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ;


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the objective , non - discriminatory and reasonable grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users , taking account of all the circumstances , notably when there is no direct alternative to their services .


### in order to help the workers who enjoy the right to free movement to effectively exercise that right , assistance in accordance with the present regulation is open to any union national who has a right to take up an activity as an employed person and their family members , in accordance with article 45 of the treaty . member states shall give the same access to any third - country national benefiting , as per union or national law , from equal treatment with their own nationals in this field . ### in order to help the workers who enjoy the right to free movement to effectively exercise that right , assistance in accordance with the present regulation is open to any union national who has a right to take up an activity as an employed person and their family members , in accordance with article 45 of the treaty . member states shall not , however , give the same access to any third - country national benefiting , as per union or national law , from equal treatment with their own nationals in this field .


### to strengthen the rule of law , democracy , the respect of human rights , fundamental rights and international law , civil society and security as well as improve migration management including border management ; ### to strengthen the rule of law , democracy , the respect of human rights , fundamental rights and international law , civil society and security as well as improve immigration management including border protection and remigration of people refused asylum ;


### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . ### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of any kind of views which can be perceived as radical , polemic or controversial in the public debate and especially on any kind of political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content and should punish abusive removal of legal content made in the name of the present regulation .


### where hosting service providers use automated tools pursuant to this regulation in respect of content that they store , they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , are accurate and well - founded . ### where hosting service providers use automated tools pursuant to this regulation in respect of content that they store , they shall provide effective and appropriate safeguards , notably systematic human oversight for the first removal of a content , to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , are accurate and well - founded .


### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information should comply with relevant union law on the processing of personal data . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available . the establishment and transmission of caller location information should be free of charge for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based . ### caller location information improves the level of protection and the security of end - users and assists the emergency services in the discharge of their duties , provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of psaps . the reception and use of caller location information should comply with relevant union law on the processing of personal data . undertakings that provide network - based location should make caller location information available to emergency services as soon as the call reaches that service , independently of the technology used . however handset - based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the egnos and galileo satellite system and other global navigation satellite systems and wi - fi data . therefore handset - derived caller location information should complement network - based location information even if the handset - derived location may become available only after the emergency communication is set up . member states should ensure that the psaps are able to retrieve and manage the caller location information available . the establishment and transmission of caller location information should be free of charge , where feasible , for both the end - user and the authority handling the emergency communication irrespective of the means of establishment , for example through the handset or the network , or the means of transmission , for example through voice channel , sms or internet protocol - based .


### voice communications’ means a service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan ; ### ' voice communications service ' means a number - based interpersonal communications service made available to the public for originating and receiving , directly or indirectly , national or national calls through a number or numbers in a national or international telephone numbering plan ;


### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory . ### where a member state has duly demonstrated , account taken of the results of the geographical survey conducted in accordance with article 22 , that the availability at a fixed location of functional internet access service as defined in accordance with article 79 and of voice communications service is not currently ensured under normal commercial circumstances or through other potential public policy tools , it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory .


### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . ### providers of internet access services and providers of publicly available voice communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan .


### national regulatory authorities shall ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services . ### national regulatory authorities might ensure that end - users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs , and the quality of service performance of different publicly available electronic communications services other than number - independent interpersonal communications services .


### without prejudice to article 83 , member states shall ensure that national regulatory authorities are able to require all undertakings that provide internet access services and / or publicly available number - based interpersonal communications services to make available all or part of the additional facilities listed in part b of annex vi , subject to technical feasibility and economic viability , as well as all or part of the additional facilities listed in part a of annex vi . ### without prejudice to article 83 , member states shall ensure that national regulatory authorities are able to require all undertakings that provide internet access services and / or voice communications services to make available all or part of the additional facilities listed in part b of annex vi , subject to technical feasibility and economic viability , as well as all or part of the additional facilities listed in part a of annex vi .


### enabling of legal interception by competent national authorities in conformity with directive 2002 / 58 / ec and directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data54 . _________________ 54 oj l 281 , 23 . 11 . 1995 , p . 31 . ### enabling of legal interception by competent national authorities where the provider is established or operates an electronic communications network and in conformity with directive 2002 / 58 / ec and directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and directive 2014 / 41 / eu of the european parliament and of the council of 3 april 2014 regarding the european investigation order in criminal matters .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against all manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of agricultural producers or producer organisations . these agricultural producers or producer organisations are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on agricultural enterprises caused by unfair trading practices passes through the chain and affects the morale of agricultural producers , their health and their income , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . any damages paid at the end of such procedures shall go to the member who initiated the complaint .


### to facilitate effective enforcement , the commission should help organise meetings between the enforcement authorities of the member states where best practices can be exchanged and relevant information can be shared . the commission should establish and manage a website to facilitate those exchanges . ### to facilitate effective enforcement , the commission should help organise meetings between the enforcement authorities of the member states where best practices can be exchanged and relevant information can be shared . the commission should establish and manage a website and make it accessible to member states to facilitate those exchanges .


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer / supplier or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers / suppliers or such natural and legal persons , including producer organisations and associations of producer organisations ;


### a supplier pays for the promotion of food products sold by the buyer . prior to a promotion and if that promotion is initiated by the buyer , the buyer shall specify the period of the promotion and the expected quantity of the food products to be ordered ; ### a supplier pays for the promotion of food products sold by the buyer . prior to a promotion and if that promotion is initiated by the buyer with the explicit agreement of the supplier , the buyer shall specify the period of the promotion and the expected quantity of the food products to be ordered ;


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate with regard to the damage and dissuasive , taking into account the nature , duration and gravity of the infringement ;


### it is important to support industry to stay or become world leader in innovation , digitisation and decarbonisation , notably through investments in key enabling technologies that will underpin tomorrow ' s business . the programme ' s actions should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . this will ensure consistency between the actions of the programme and eu state aid rules , avoiding undue distortions of competition in the internal market . ### it is essential to support industry to stay or become world leader in innovation , digitisation , resource efficiency , circular economy and decarbonisation , notably through investments in key enabling technologies that will underpin tomorrow ' s business and support the transition towards the net zero emissions goal adopted in the paris agreement in a cost - efficient way . the programme ' s actions should be used to address global challenges as embodied in the paris agreement and the un sdgs , market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . this will ensure consistency between the actions of the programme and eu state aid rules , avoiding undue distortions of competition in the internal market .


### for activities making use of human embryonic stem cells , as appropriate , details of licensing and control measures that shall be taken by the competent authorities of the member states concerned as well as details of the ethics approvals that shall be obtained before the activities concerned start . ### for activities making use of adult human stem cells , as appropriate , details of licensing and control measures that shall be taken by the competent authorities of the member states concerned as well as details of the ethics approvals that shall be obtained before the activities concerned start . activities making use of human embryonic stem cells shall not be financed by the programme .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . actions involving the use of human embryonic stem cells or human embryos shall not be financed by the programme . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible .


### if appropriate , ethics checks shall be carried out by the commission or funding body . for serious or complex ethics issues , the checks shall be carried out by the commission unless it is delegated to the funding body . ### if appropriate , ethics checks shall be carried out by the commission or funding body and by national ethics committees . for serious or complex ethics issues , the checks shall be carried out by the commission and national ethics committees unless they are delegated to the funding body .


### project - based remuneration means remuneration that is linked to the participation of a person in projects , is part of the beneficiary’s usual remuneration practices and is paid in a consistent manner . ### project - based remuneration means remuneration that is linked to the participation of a person in projects , is part of the beneficiary’s usual remuneration practices and is paid in a consistent manner . notably for projects with a trl higher than 5 , grants should fund capex rather than depreciation .


### member states shall report the data concerning the implementation of article 5 and for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5 . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 5 and every three calendar years to the commission . they shall report this data electronically within 18 months of the end of the three years period for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5 . the first reporting shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 3 years ] .


### the power to adopt the delegated acts referred to in article 16 shall be conferred on the commission for an indeterminate period of time from [ enter date of entry into force of this directive ] . ### the power to adopt the delegated acts referred to in article 16 shall be conferred on the commission for a period of five years from [ enter date of entry into force of this directive ] .


### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi . ### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . this is particularly true of businesses in rural areas , where economic growth and the preservation of services and jobs are urgently needed in order to prevent rural depopulation . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi .


### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the work of the efsi on providing finance to small and medium enterprises and small mid - cap companies should be channelled through the european investment fund to benefit from its experience in these activities . ### the efsi should be established within the eib in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible . the work of the efsi on providing finance to small and medium enterprises and small mid - cap companies may be channelled through the european investment fund and the eib to benefit from its experience in these activities .


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


### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should be consistent with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds . ### in order for investment in infrastructure , research and the large - scale application of the results obtained , in the structuring of industries and all the projects supported under efsi to be supported effectively at national level , the commission shall establish the broadest and clearest possible framework for state aid while respecting the principle of subsidiarity .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant market experience in project structuring and project financing , as well as macroeconomic expertise . the investment committee shall have a pluridisciplinary composition encompassing a broad range of expertise in various sectors , such as agriculture , research , transport and smes . it shall be appointed by the steering board for a renewable fixed term of three years . when appointing the committee , the steering board shall take into account the gender balance of the members .


### ‘ existing combustion plant’ means a combustion plant put into operation before [ 1 year after the date of transposition ] ; ### ‘ existing combustion plant’ means a combustion plant put into operation before [ 1 year after the date of transposition ] , irrespective of when the permit for it was granted ;


### for each medium combustion plant , the notification by the operator shall contain at least the information listed in annex i . ### for each medium combustion plant , the notification by the operator shall contain the information listed in annex i .


### member states may exempt existing medium combustion plants which do not operate more than 500 operating hours per year from compliance with the emission limit values set out in part 1 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply . ### member states may exempt existing medium combustion plants which on average over a five - year period do not operate more than 1000 operating hours per year from compliance with the emission limit values set out in part 1 of annex ii , provided that their use , as auxiliary or emergency plants , is essential . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 200 mg / nm³ shall apply .


### this regulation lays down obligations on the minimum contributions of member states to meeting the greenhouse gas emission reduction commitment of the union for the period from 2021 to 2030 , rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions . ### this regulation lays down indications on the minimum contributions of member states to meeting the greenhouse gas emission reduction commitment of the union for the period from 2021 to 2030 , rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions .


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


### mercury is a highly toxic substance which represents a global and major threat to human health , including by methylmercury in fish and seafood resources , the ecosystems and wildlife . due to the transboundary nature of mercury pollution , between 40% and 80% of total mercury deposition in the union originates from outside of the union and therefore warrants action at local , regional , national and international levels . ### mercury is a highly toxic substance which represents a global and major threat to human health . the contamination of thousands of people in japan between 1932 and 1966 , causing minamata disease , tragically illustrated the extreme harmfulness of this substance to health . nowadays it is found in the form of methylmercury in fish and seafood resources , the ecosystems and wildlife . due to the transboundary nature of mercury pollution , between 40% and 80% of total mercury deposition in the union originates from outside of the union and therefore warrants action at local , regional , national and international levels .


### swift ratification of the convention by the union and its member states will encourage major global mercury users and emitters , that are signatories of the convention , to ratify and implement it . ### swift ratification of the convention by european states will encourage major global mercury users and emitters that are signatories of the convention , to ratify and implement it .


### the commission shall adopt decisions , by means of implementing acts , in view of specifying whether the relevant new mercury - added product or new manufacturing process is allowed . ### the commission shall propose decisions in view of specifying whether the relevant new mercury - added product or new manufacturing process is allowed .


### appropriate mechanisms of coordination between relevant authorities and appropriate monitoring tools shall be established to systematically ensure synergies between the programme and any relevant eu funding instruments . the arrangements shall contribute to avoiding duplications and maximising impact of expenditure . ### appropriate mechanisms of coordination between relevant authorities and appropriate monitoring tools shall be established to systematically ensure synergies between the programme and any relevant eu funding instruments . the arrangements shall contribute to avoiding duplications , ensuring compliance with conditions laid down in article 10 and maximising impact of expenditure .


### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects . ### throughout the economic and financial crisis , the union has failed to make appropriate efforts to promote growth , thereby betraying also the spirit of the europe 2020 strategy , which aimed to achieve smart , sustainable and inclusive growth . not even the european investment bank has been able appropriately to play its role in instigating and promoting investment within the union , in spite of the increase in capital in january 2013 . further action is thus required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of environmentally and socially viable investment projects with the emphasis on innovative start - ups and micro enterprises .


### the investment environment within the union should be improved by removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work . ### the investment environment within the union should be improved by removing all barriers to investment , first by abolishing the fiscal constraints imposed on member states and subsequently by reinforcing the single market in a targeted and conditional manner and by enhancing regulatory predictability . the work of the efsi , but especially investments across europe , should benefit from this accompanying work .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , economic and environmental value . in particular , the efsi should target projects that promote quality job creation , long - term sustainable growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for large projects should be made , in a transparent manner , by an investment committee . the investment committee should be composed of independent experts who have been appropriately selected in accordance with the principle of accountability and are knowledgeable and experienced in the areas of investment projects . they should be approved only after a hearing and vote in the european parliament . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small , medium and micro enterprises and innovative start - ups .


### the coverage of the guarantee over a particular type of instrument portfolio , referred to in article 6 , shall be determined by the risk of that portfolio . the eu guarantee shall be eligible to provide either first loss guarantees on a portfolio basis or a full guarantee . the eu guarantee may be granted on a pari passu basis with other contributors . ### the coverage of the guarantee over a particular type of instrument portfolio , referred to in article 6 , shall be determined by the risk of that portfolio . the eu guarantee shall be eligible to provide first loss guarantees on a portfolio basis . the eu guarantee may be granted on a pari passu basis with other contributors .


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


### an assessment of the financial benefit transferred to beneficiaries of eib financing and investment operations on an aggregated basis ; ### an assessment of the financial benefit transferred to beneficiaries of eib financing and investment operations ;


### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### the eib shall publish all documents relating to both the administrative tasks of the eib , as well as to the projects it finances directly or indirectly ; it shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 , and any citizen of the european union and any natural and legal person residing or having its registered office in a member states shall have access to the documents related to the efsi in accordance with the regulation no 1049 / 2001 of the european parliament and the council regarding public access to european parliament , council .


### in its financing and investment operations , the eib shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , or fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic cooperation and development or the financial action task force . ### in its financing and investment operations , the eib shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , financing of activities in connection with organised crime , tax fraud and tax evasion , corruption , or fraud affecting the financial interests of the eu . in particular , the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on eu policies , or in member states that adopt aggressive tax planning , such as luxembourg , ireland and the netherlands , the organisation for economic cooperation and development or the financial action task force .


### the evaluations shall examine issues such as the relevance , effectiveness , efficiency , utility , sustainability and coherence of programme actions . the final evaluation shall , in addition , examine the extent to which the programme has achieved its objective . ### the evaluations shall examine issues such as the relevance , effectiveness , efficiency , utility , sustainability , coherence and data protection of programme actions . the final evaluation shall , in addition , examine the extent to which the programme has achieved its objective .


### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continue to pose problems to the economy , health and well - being of european citizens . despite the fact that road transport is the main contributor of those negative effects , road freight transport is estimated to grow by 60 per cent by 2050 . ### the negative impact of transport on air pollution , including emissions of fine particulate matter , greenhouse gas emissions , accidents , noise and congestion continue to pose problems to the economy , health and well - being of european citizens . despite the fact that road transport is the main contributor of those negative effects , road freight transport is estimated to grow by 60&#160 ; per&#160 ; cent by 2050 .


### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continue to pose problems to the economy , health and well - being of european citizens . despite the fact that road transport is the main contributor of those negative effects , road freight transport is estimated to grow by 60 per cent by 2050 . ### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continue to pose problems to the economy , the health and well - being of european citizens and the environment . despite the fact that road transport is the main contributor of those negative effects , road freight transport is estimated to grow by 60&#160 ; per&#160 ; cent by 2050 .


### reducing the negative impact of transport activities remains one of the main goals of the union ' s transport policy . council directive 92 / 106 / eec21which establishes measures to encourage the development of combined transport , is the only legislative act of the union to directly incentivise the shift from road freight to lower emission transport modes such as inland waterways , maritime and rail . _________________ 21 council directive 92 / 106 / eec of 7 december 1992 on the establishment of common rules for certain types of combined transport of goods between member states . ### reducing the negative impact of transport activities must of course remain one of the main goals of the union ' s transport policy . council directive 92 / 106 / eec21 which establishes measures to encourage the development of combined transport , is the only legislative act of the union to directly incentivise the shift from road freight to lower emission transport modes such as inland waterways , maritime and rail . _________________ 21 council directive 92 / 106 / eec of 7 december 1992 on the establishment of common rules for certain types of combined transport of goods between member states .


### the volume of national intermodal operations constitutes 19 , 3% of the total intermodal transport in the union . such operations currently do not benefit from the support measures provided by directive 92 / 106 / eec because of the limited scope of the definition of combined transport . however , the negative effect of national road transport operations , and notably greenhouse gas emissions and congestion , have an impact beyond the national borders . therefore it is necessary to broaden the scope of directive 92 / 106 / eec to national combined transport operations in order to support the further development of combined transport in the union , hence an increase in the modal shift from road to rail , inland waterways and short sea shipping . ### the volume of national intermodal operations constitutes 19 , 3% of the total intermodal transport in the union . such operations currently do not benefit from the support measures provided by directive 92 / 106 / eec because of the limited scope of the definition of combined transport . however , the negative effect of national road transport operations , and notably greenhouse gas emissions and congestion , have an impact beyond the national borders .


### the volume of national intermodal operations constitutes 19 , 3% of the total intermodal transport in the union . such operations currently do not benefit from the support measures provided by directive 92 / 106 / eec because of the limited scope of the definition of combined transport . however , the negative effect of national road transport operations , and notably greenhouse gas emissions and congestion , have an impact beyond the national borders . therefore it is necessary to broaden the scope of directive 92 / 106 / eec to national combined transport operations in order to support the further development of combined transport in the union , hence an increase in the modal shift from road to rail , inland waterways and short sea shipping . ### the volume of national intermodal operations constitutes 19 , 3% of the total intermodal transport in the union . such operations currently do not benefit from the support measures provided by directive 92 / 106 / eec because of the limited scope of the definition of combined transport . however , the negative effect of national road transport operations , and notably greenhouse gas emissions , fine particulate matter and congestion , have an impact beyond the national borders . therefore it is necessary to broaden the scope of directive 92 / 106 / eec to national combined transport operations in order to support the further development of combined transport in the union , hence an increase in the modal shift from road to rail , inland waterways and short sea shipping .


### the current definition of combined transport includes different distance limits for the road legs of a combined transport operation , according to the mode of the non - road leg , and , for rail , the absence of a fixed distance limit but instead takes account of the notion of “nearest suitable terminal” to provide some flexibility to take account of specific situations . that definition has raised many difficulties in its implementation due to various interpretations and specific difficulties to establish the conditions for implementation . it would be useful to lift those ambiguities while also ensuring that some measure of flexibility is retained . ### the current definition of combined transport includes different distance limits for the road legs of a combined transport operation , according to the mode of the non - road leg , and , for rail , the absence of a fixed distance limit but instead takes account of the notion of “nearest suitable terminal” to provide some flexibility to take account of specific situations . that definition has raised many difficulties in its implementation due to various interpretations and specific difficulties to establish the conditions for implementation . it would be useful to lift those ambiguities , where possible , while also ensuring that some measure of flexibility is retained .


### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states should therefore ensure , in coordination with the neighbouring member states and with the commission , that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks . there should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the union . ### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states could therefore be asked to ensure , in coordination with the neighbouring member states , that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks . there should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the union .


### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost . ### member states could also be asked to implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost .


### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost . ### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions and fine particulate matter , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost .


### support measures should be coordinated , as needed , between member states and the commission . ### support measures could be coordinated , as needed , between member states .


### support measures should also be reviewed on a regular basis by the members states to ensure their effectiveness and efficiency . ### support measures could also be reviewed on a regular basis by the members states to ensure their effectiveness and efficiency .


### to cope with the evolution of union transport , and in particular the combined transport market , relevant data and information should be gathered by the member states and reported to the commission on a regular basis and the commission should submit a report to the european parliament and the council on the application of this directive every four years . ### to cope with the evolution of union transport , and in particular the combined transport market , the member states could be asked to gather relevant data and information and report it to the commission on a regular basis and the commission should submit a report to the european parliament and the council on the application of this directive every four years .


### since the objectives of this directive to further promote the shift from road transport to more environmentally friendly modes of transport , and hence reduce the negative externalities of the union transport system , cannot be sufficiently achieved by the member states but can rather , by reason of the primarily cross - border nature of freight combined transport and interlinked infrastructure , and of the problems this directive is intended to address , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives ### the objectives of this directive to further promote the shift from road transport to more environmentally and public - health friendly modes of transport , and hence reduce the negative externalities of the union transport system , cannot be sufficiently achieved by the member states .


### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council23 . __________________ 23directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe . ### member states should adopt and implement a national air pollution control programme with a view to moving towards their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council23 . __________________ 23directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe .


### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council23 . __________________ 23directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe . ### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by high air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council23 . __________________ 23directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe .


### in order to take into account technical developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the reporting guidelines set out in annex i , as well as part 1 of annex iii and annexes iv and v to adapt them to technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### acts which concern the amending of the reporting guidelines set out in annex i , as well as part 1 of annex iii and annexes iv and v to adapt them to technical progress , should be submitted to the european parliament and to the council .


### member states shall establish the emission inventories , including adjusted emission inventories , emission projections and the informative inventory report in accordance with annex iv . ### member states shall establish the emission inventories , including if appropriate adjusted emission inventories , emission projections and the informative inventory report in accordance with annex iv .


### “where a call for proposal is launched prior to the entry into force of regulation xxx / yyy amending the present regulation the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . where the document setting out the conditions for support is provided to the beneficiary within a period of 6 months starting from the date of entry into force of regulation xxx / yyy the managing authority may decide not to apply those amended provisions . ” ### “the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 12 months starting from the date of entry into force of regulation xxx / yyy . in duly justified cases , the managing authority or monitoring committee for the programmes under the european territorial cooperation goal may decide to extend the 12 - month transitional period until programme closure . it shall notify the commission of such decision before the expiration of the transitional period . the first and second subparagraphs shall not apply to grants and repayable assistance supported by the esf for which the public support does not exceed eur 50 000 . ”


### ' 1 . support under point of article 36 shall only be granted where the drop of income exceeds 30 % of the average annual income of the individual farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry . income for the purposes of point of article 36 shall refer to the sum of revenues the farmer receives from the market , including any form of public support , deducting input costs . payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance . ' ### in article 39 , paragraph 1 is replaced by the following : ' 1 . support under point of article 36 shall only be granted where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three - year period or a three - year average based on the preceding five - year period excluding the highest and lowest entry . income for the purposes of point of article 36 shall refer to the sum of revenues the farmer receives from the market , including any form of public support , deducting input costs . payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance . indexes may be used to calculate the annual loss of income of the farmer . '


### ' 2 . without prejudice to the number of crops required pursuant to paragraph 1 , the maximum thresholds set out therein shall not apply to holdings where grasses or other herbaceous forage or land lying fallow cover more than 75 % of the arable land . in such cases , the main crop on the remaining arable area shall not cover more than 75 % of that remaining arable land , except where this remaining area is covered by grasses or other herbaceous forage or land lying fallow . ' ### in article 44 , paragraph 2 is replaced by the following : ' 2 . without prejudice to the number of crops required pursuant to paragraph 1 , the maximum thresholds set out therein shall not apply to holdings where grasses or other herbaceous forage or land lying fallow or cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle cover more than 75 % of the arable land . in such cases , the main crop on the remaining arable area shall not cover more than 75 % of that remaining arable land , except where this remaining area is covered by grasses or other herbaceous forage or land lying fallow . '


### “7 . member states applying article 36 shall each year calculate the amount of the payment for young farmers by multiplying a figure corresponding to 25 % of the single area payment calculated in accordance with article 36 by the number of eligible hectares that the farmer has declared in accordance with article 36 . ” ### in article 50 , paragraph 7 is replaced by the following : “7 . member states applying article 36 shall each year calculate the amount of the payment for young farmers by multiplying a figure corresponding to a value between 25 % up to a value of no more than 50 % of the single area payment calculated in accordance with article 36 by the number of eligible hectares that the farmer has declared in accordance with article 36 . ”


### bulgaria , croatia , cyprus , estonia , finland , greece , hungary , lithuania , luxemburg , malta , poland , romania , slovakia and slovenia may grant producer organisations on their request national financial assistance equal to a maximum of 1 % of their value of marketed production . that assistance shall be additional to the operational fund . ### in regions of member states in which the degree of organisation of producers in the fruit and vegetables sector is particularly low , member states may grant producer organisations national financial assistance equal to a maximum of 80 % of the financial contributions referred to in point of article 32 and of up to 10 % of the value of the marketed production of any such producer organisation . that assistance shall be additional to the operational fund .


### the commission is empowered to adopt delegated acts in accordance with article 227 amending paragraph 1 to add member states where the degree of organisation of producers in the fruit and vegetable sector is particularly low and to delete member states where that is no longer the case . ### the degree of organisation of producers in a region of a member state shall be considered particularly low where the average degree of organisation has been less than 20 % for three consecutive years preceding the date of request for national financial assistance . such the degree of organisation shall be calculated as the value of fruit and vegetable production that was obtained in the region concerned and marketed by producer organisations , associations of producer organisations and producer groups , divided by the total value of the fruit and vegetable production that was obtained in that region . the commission shall adopt implementing acts defining the average degree of organisation in the union and also the degree of organisation in member states and regions and laying down further detailed rules on the calculation of the degree of organisation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 229 .


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . these chains promote long channels , which are harmful to the environment and the quality of products distributed to consumers , and encourage consumption of processed foods . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food .


### in a number of specific cases , regulation no 182 / 2011 provides for referral to the appeal committee . in practice , the appeal committee has been seized in cases where no qualified majority , either in favour or against , was attained within the committee in the context of the examination procedure and thus no opinion was delivered . in the majority of cases this happened in relation to genetically modified organisms and genetically modified food and feed and plant protection products . ### in a significant number of cases , regulation no 182 / 2011 provides for referral to the appeal committee . in practice , the appeal committee has been seized in cases where no qualified majority , either in favour or against , was attained within the committee in the context of the examination procedure and thus no opinion was delivered . in the majority of cases this happened in relation to genetically modified organisms and genetically modified food and feed and plant protection products .


### that discretion is , however , significantly reduced in cases relating to the authorisation of products or substances , such as in the area of genetically modified food and feed , as the commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision . ### that discretion is , however , reduced in cases relating to the authorisation of products or substances , such as in the area of genetically modified food and feed , as the commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision . throughout the procedure , moreover , the commission may choose to disregard parliament’s position entirely , as it has done on almost 20 occasions in the past three years , thus , while undoubtedly complying with the treaties , giving members of the public every reason to be mistrustful of the eu .


### while the commission is empowered to decide in such cases , due to the particular sensitivity of the issues at stake , member states should also fully assume their responsibility in the decision - making process . this , however , is not the case when member states are not able to reach a qualified majority , due to , amongst others , a significant number of abstentions or non - appearances at the moment of the vote . ### the option of the commission deciding in cases where the appeal committee takes no decision should therefore be removed .


### where a basic act is adopted under the ordinary legislative procedure , either the european parliament or the council may at any time indicate to the commission that , in its view , a draft implementing act exceeds the implementing powers provided for in the basic act . in such a case , the commission shall review the draft implementing act , taking account of the positions expressed , and shall inform the european parliament and the council whether it intends to maintain , amend or withdraw the draft implementing act . ### article 11 is replaced by the following : ' where a basic act is adopted under the ordinary legislative procedure , either the european parliament or the council may at any time before the commission refers the matter to the council in accordance with article 6 , indicate to the commission that , in its view , a draft implementing act exceeds the implementing powers provided for in the basic act . in such a case , the commission shall review the draft implementing act , taking account of the positions expressed , and shall within two months : submit an amended version thereof to the committee ; or refer the draft implementing act back to the council in accordance with article 6 ; or withdraw it . the commission shall inform the european parliament and the council of the decision taken . ' .


### secondary market operations for electrical and electronic equipment , involving repair , replacement of spare parts , refurbishment and reuse , should be facilitated to promote a circular economy in the union . a high level of protection of human health and the environment should be ensured , including through the environmentally sound recovery and disposal of waste electrical and electronic equipment . unnecessary administrative burden on market operators should be avoided . directive 2011 / 65 / eu allows eee that fell outside the scope of the previous directive 2002 / 95 / ec of the european parliament and of the council6 , but which would not comply with directive 2011 / 65 / eu , to continue to be made available on the market until 22 july 2019 . after that date , however , both the first placing on the market and secondary market operations of non - compliant eee are prohibited . such prohibition of secondary market operations is inconsistent with the general principles underlying union measures for the approximation of laws relating to products and should therefore be removed . _________________ 6 directive 2002 / 95 / ec of the european parliament and of the council of 27 january 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment . ### secondary market operations for electrical and electronic equipment , involving repair , replacement of spare parts , refurbishment and reuse , should be facilitated to promote a circular economy in the union because planned obsolescence is one of the causes of eee waste accumulation . a high level of protection of human health and the environment should be ensured , including through the environmentally sound recovery and disposal of waste electrical and electronic equipment . unnecessary administrative burden on market operators should be avoided . directive 2011 / 65 / eu allows eee that fell outside the scope of the previous directive 2002 / 95 / ec of the european parliament and of the council6 , but which would not comply with directive 2011 / 65 / eu , to continue to be made available on the market until 22 july 2019 . after that date , however , both the first placing on the market and secondary market operations of non - compliant eee are prohibited . such prohibition of secondary market operations is inconsistent with the general principles underlying union measures for the approximation of laws relating to products and should therefore be removed . _________________ 6 directive 2002 / 95 / ec of the european parliament and of the council of 27 january 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment .


### the issuing of visas at the external border should remain exceptional . however , to promote short term tourism , member states should be authorised to issue visas at the external border on the basis of temporary schemes , for which the organisational arrangements should be notified and published . such schemes should be limited in scope and comply with the general rules for processing visa applications . the validity of the visa issued should be limited to the territory of the issuing member state . ### the possibility of issuing visas at the external border should be abolished , since the temporal and territorial limitations of such visas are not enforceable at the present moment .


### flexible rules should be established to allow member states to optimise the sharing of resources and to increase consular coverage . cooperation among member states could take any form suited to local circumstances in order to increase geographical consular coverage , reduce member states ' costs , increase the visibility of the union and improve the service offered to visa applicants . ### flexible rules should be established to allow member states to optimise the sharing of resources and to increase consular coverage . cooperation among member states could take any form suited to local circumstances in order to increase geographical consular coverage and to reduce member states ' costs .