### the breach of one of the obligations set out in article 3 , and or in article 6 shall constitute a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals . ### the breach of one of the obligations set out in article 3 , , and or in article 6 shall constitute a substantive procedural defect of a serious nature as regards its effects with respect to its effects vis - à - vis individuals , the consequences of which for member states , including professional organisations , must be appropriate and in proportion to the nature and scale of the draft measure .


### the obligation for member states to notify draft measures laying down authorisation schemes or requirements referred to in article 4 of this directive at least three months before their adoption is designed to ensure that measures to be adopted comply with directive 2006 / 123 / ec . in order for the notification procedure to be effective , a consultation on notified measures should take place sufficiently in advance of their adoption . this is appropriate to foster good cooperation and transparency between the commission and member states and to further develop exchanges between the commission and national authorities on new or amended authorisation schemes and certain requirements covered by directive 2006 / 123 / ec , in accordance with article 4 of the treaty on european union . with a view to ensuring the effectiveness of the procedure , breach of the obligation to notify or to refrain from adopting a notified measure , including during the period following the receipt of an alert , should be considered to be a substantial procedural defect of a serious nature as regards its effects vis - à - vis individuals . ### the obligation for member states to notify draft measures laying down authorisation schemes or requirements referred to in article 4 of this directive at least three months before their adoption is designed to ensure that measures to be adopted comply with directive 2006 / 123 / ec . in order for the notification procedure to be effective , a consultation on notified measures should take place sufficiently in advance of their adoption . this is appropriate to foster good cooperation and transparency between the commission and member states and to further develop exchanges between the commission and national authorities on new or amended authorisation schemes and certain requirements covered by directive 2006 / 123 / ec , in accordance with article 4 of the treaty on european union . with a view to ensuring the effectiveness of the procedure , breach of the obligation to notify should constitute a substantial procedural defect with respect to its effects on individuals , the consequences of which for member states , including professional organisations , must be appropriate and in proportion to the nature and scale of the draft measure .


### the commission shall publish on a dedicated public website the notifications made by member states under articles 3 and and the related adopted measures . ### the commission shall publish on a dedicated public website the notifications made by member states under articles 3 and and the related adopted measures . member states shall be equipped with the necessary resources to advise interested parties of the alerts issued by the european commission , when these occur . the alerts issued by the european commission to member states , referred to in article 6 and , shall also be published on that dedicated website .


### in addition , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers in , with or signposted to within , their bills and periodical settlement bills . ### in addition , wherever possible and useful , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers .


### distribution system operators shall define standardised market products for the services procured ensuring effective participation of all market participants including renewable energy sources , demand response , and aggregators . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . distribution system operators shall be adequately remunerated for the procurement of such services in order to recover at least the corresponding expenses , including the necessary information and communication technologies expenses , including expenses which correspond to the necessary information and communication infrastructure . ### distribution system operators shall define , at the european level , via eu dso entity , standardised market products for the services procured , ensuring effective participation of all market participants including renewable energy sources , demand response , and aggregators , where efficient . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . distribution system operators shall be adequately remunerated for the procurement of such services in order to recover at least the corresponding reasonable and efficient costs , including the necessary information and communication technologies expenses .


### the development of a distribution system shall be based on a transparent network development plan that distribution system operators shall submit every two years to the regulatory authority . the network development plan shall contain the planned investments for the next five to ten years , with particular emphasis on the main distribution infrastructure which is required in order to connect new generation capacity and new loads including re - charging points for electric vehicles . the network development plan shall also demonstrate the use of demand response , energy efficiency , energy storage facilities or other resources that distribution system operator is using as an alternative to system expansion . ### the development of a distribution system shall be based on a transparent network development plan that distribution system operators shall publish at least every two years . the network development plan shall provide transparency on the medium and long term flexibility services needed , contain the planned investments for the next five to ten years , with particular emphasis on the main distribution infrastructure which are required in order to connect new generation capacity and new loads including re - charging points for electric vehicles . the network development plan shall also demonstrate the use of demand response , energy efficiency , energy storage facilities or other resources that distribution system operator is using as an alternative to system expansion . the dso shall consult all current or potential system users on the network development plan . the dso shall publish the result of the consultation process . the regulatory authority may decide the extent of the requirements that applies to distribution system operators based on their size , scope and voltage .


### where appropriate , the following information shall be prominently displayed to final customers in or with their bills and periodical settlement bills : ### where appropriate , the following billing information shall be made available to final customers :


### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable . the transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in article 43 , but does not have to own the transmission system it is responsible for . the transmission system operator which owns the transmission system shall fulfil the requirements provided for in chapter vi and be certified in accordance with article 43 . ### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable . the transmission system operator to which the tasks are assigned does not have to own the transmission system it is responsible for .


### set out clear , objective criteria on which the comparison will be based ; ### set out clear , objective criteria on which the comparison will be based , displaying included services ;


### the energy installation required for the activities of the active customer may be managed by a third party for installation , operation , including metering and maintenance . ### the energy installation required for the activities of the active customer may be managed by a third party for installation , operation and maintenance .


### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , distribution system operators or aggregators ; ### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , distribution system operators , suppliers or aggregators ;


### member states shall ensure that bills fulfil the minimum requirements for billing and billing information as set out in annex ii . the information contained in bills shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers . ### member states shall ensure that billing and billing information fulfil the minimum requirements as set out in annex ii . the information contained in bills shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers .


### where final customers have meters that allow remote reading by the operator , accurate billing information based on actual consumption shall be provided at least once a month . ### where final customers have meters that allow remote reading by the operator , accurate information on actual consumption shall be provided at least once a month in electronic form upon request .


### each distribution system operator shall procure the energy it uses to cover energy losses and the non - frequency ancillary services in its system according to transparent , non - discriminatory and market based procedures , whenever it has such a function . unless justified by a cost - benefit analysis , the procurement of non - frequency ancillary services by a distribution system operator shall be transparent , non - discriminatory and market - based ensuring effective participation of all market participants including renewable energy sources , demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants . ### each distribution system operator shall procure the energy it uses to cover energy losses and the non - frequency ancillary services in its system according to transparent and non - discriminatory procedures , whenever it has such a function . unless justified by a cost - benefit analysis , the procurement of non - frequency ancillary services by a distribution system operator shall be transparent and non - discriminatory ensuring effective participation of all market participants including renewable energy sources , demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants


### a modern internal market promotes competition and benefits consumers , businesses and employees . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining barriers , and to ensure a regulatory framework that can accommodate new innovative business models . ### a modern internal market should promote competition and benefit consumers , businesses and employees . making better use of the ever evolving internal market in services should help european businesses create jobs and grow across borders , offer wider choice of services at better prices , and maintain high standards for consumers and workers . to achieve this , the programme should contribute to the removal of remaining barriers , and to ensure a regulatory framework that can accommodate new innovative business models .


### to preserve the environmental benefit of emission reductions in the union while actions by other countries do not provide comparable incentives to industry to reduce emissions , free allocation should continue to installations in sectors and sub - sectors at genuine risk of carbon leakage . experience gathered during the operation of the eu ets confirmed that sectors and sub - sectors are at risk of carbon leakage to varying degrees , and that free allocation has prevented carbon leakage . while some sectors and sub - sectors can be deemed at a higher risk of carbon leakage , others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share and only bear the remaining part of the costs so that they are at a low risk of carbon leakage . the commission should determine and differentiate the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage . where , based on these criteria , a threshold determined by taking into account the respective possibility for sectors and sub - sectors concerned to pass on costs in product prices is exceeded , the sector or sub - sector should be deemed at risk of carbon leakage . others should be considered at a low risk or at no risk of carbon leakage . taking into account the possibilities for sectors and sub - sectors outside of electricity generation to pass on costs in product prices should also reduce windfall profits . ### to preserve the environmental benefit of emission reductions in the union while actions by other countries do not provide comparable incentives to industry to reduce emissions , free allocation at benchmark levels of efficiency should continue to installations in sectors and sub - sectors at genuine risk of carbon leakage . the commission should determine the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage such that best performers can produce and grow without incurring a carbon cost penalty . where , based on these criteria , a threshold determined by taking into account the respective possibility for sectors and sub - sectors concerned to pass on costs in product prices is exceeded , the sector or sub - sector should be deemed at risk of carbon leakage .


### a list of installations covered by this directive for the five years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent five years shall be submitted every five years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the five calendar years preceding its submission . free allocations shall only be given to installations where such information is provided . ### a list of installations covered by this directive for the two years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent two years shall be submitted every two years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the two calendar years preceding its submission . free allocations shall only be given to installations where such information is provided .


### the fund shall be governed by an investment board and a management committee , which shall be composed of representatives from the beneficiary member states , the commission , the eib and three representatives elected by the other member states for a period of 5 years . the investment board shall be responsible to determine an union - level investment policy , appropriate financing instruments and investment selection criteria . the management committee shall be responsible for the day - to - day management of the fund . ### the fund shall be governed by an investment board and a management committee , which shall be composed of one representative from each of the beneficiary member states , the commission and the eib , and three representatives elected by the other member states , for a period of 5 years . the investment board shall be responsible to determine an union - level investment policy , appropriate financing instruments and investment selection criteria . the management committee shall be responsible for the day - to - day management of the fund .


### in order to respect the auctioning share set out in article 10 , the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the member state auctioning share , the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the member state auctioning share in later years . where , nonetheless , the maximum level is reached , free allocations shall be adjusted accordingly . any such adjustment shall be done in a uniform manner . ### in order to respect the auctioning share set out in article 10 , the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the member state auctioning share , the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the member state auctioning share in later years . where , nonetheless , the maximum level is reached , the share of allowances to be auctioned by member states shall be reduced by up to [ x ] percentage points but not more than needed to avoid reaching the maximum level . if , in spite of a reduction of the member state auctioning share at the level of [ x ] percentage points , the maximum level is reached , free allocations shall be adjusted accordingly . any such adjustment shall be done in a uniform manner .


### the investment board shall elect a representative from the commission as chairman . the investment board shall strive to take decisions by consensus . if the investment board is not able to decide by consensus within a deadline set by the chairman , the investment board shall take a decision by simple majority . ### the investment board shall elect a representative from the beneficiary member states as chairman . the investment board shall strive to take decisions by consensus . if the investment board is not able to decide by consensus within a deadline set by the chairman , the investment board shall take a decision by simple majority .


### a list of installations covered by this directive for the five years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent five years shall be submitted every five years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the five calendar years preceding its submission . free allocations shall only be given to installations where such information is provided . ### a list of installations covered by this directive for the two years beginning on 1 january 2021 shall be submitted by 30 september 2018 , and lists for the subsequent two years shall be submitted every two years thereafter . each list shall include information on production activity , transfers of heat and gases , electricity production and emissions at sub - installation level over the five calendar years preceding its submission . free allocations shall only be given to installations where such information is provided .


### the allowances shall be made available for innovation in low - carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of ccs and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations . in order to promote innovative projects , up to 60% of the relevant costs of projects may be supported , out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre - determined milestones are attained taking into account the technology deployed . ### the allowances shall be made available for innovation in low - carbon industrial technologies and processes , carbon clean operation modes in existing installations and support for demonstration projects for the development of a wide range of ccs and ccu and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations . in order to promote innovative projects , up to 80% of the relevant costs of projects , operating costs due to modifications in existing installations or investments in existing installations may be supported , out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre - determined milestones are attained taking into account the technology or process adaption deployed .


### by 31 december 2019 , the commission shall adopt a delegated act for the preceding paragraphs for activities at a 4 - digit level as concerns paragraph 1 , in accordance with article 23 , based on data for the three most recent calendar years available . ### by 31 december 2019 , the commission shall adopt a delegated act for the preceding paragraphs for activities at a 4 - digit level or at the relevant level of disaggregation based on a public and sector - specific data as concerns paragraph 1 , in accordance with article 23 , based on data for the three most recent calendar years available .


### 400 million allowances shall be available to support innovation in low - carbon technologies and processes in industrial sectors listed in annex i , and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage of co2 as well as demonstration projects of innovative renewable energy technologies , in the territory of the union . ### the revenue from 400 million allowances to be auctioned by member states in the fourth trading period shall be available to support innovation in low - carbon technologies and processes in industrial sectors listed in annex i , and to the extent of a maximum of 50 million allowances to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage or industrial utilization of co2 as well as demonstration projects of innovative renewable energy technologies , in the territory of the union .


### the allowances shall be made available for innovation in low - carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of ccs and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations . in order to promote innovative projects , up to 60% of the relevant costs of projects may be supported , out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre - determined milestones are attained taking into account the technology deployed . ### the allowances shall be made available for innovation in low - carbon industrial technologies and processes , carbon lean operation modes in existing installations and support for demonstration projects for the development of a wide range of ccs , ccu and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations . in order to promote innovative projects , up to 80% of the relevant costs of projects , operating costs due to modifications in existing installations or investments in existing installations may be supported , out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre - determined milestones are attained taking into account the technology or process adaption deployed .


### the european council confirmed that the modalities , including transparency , of the optional free allocation to modernise the energy sector in certain member states should be improved . investments with a value of €10 million or more should be selected by the member state concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the energy union objectives . investments with a value of less than €10 million should also be eligible for funding from the free allocation . the member state concerned should select such investments based on clear and transparent criteria . the results of this selection process should be subject to public consultation . the public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation . ### the european council confirmed that the modalities , including transparency , of the optional free allocation to modernise the energy sector in certain member states should be improved . investments with a value of €20 million or more should be selected by the member state concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the energy union objectives . investments with a value of less than €20 million should also be eligible for funding from the free allocation . the member state concerned should select such investments based on clear and transparent criteria . the results of this selection process should be subject to public consultation . the public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation .


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . this act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation . ### the commission shall be empowered to adopt a delegated act in accordance with article 23 . this act shall also provide for additional allocation from the new entrants reserve for production increases by applying a production threshold of 15% .


### the auctioning of allowances remains the general rule , with free allocation as the exception . consequently , and as confirmed by the european council , the share of allowances to be auctioned , which was 57% over the period 2013 - 2020 , should not be reduced . the commission ' s impact assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of member states , including allowances set aside for new entrants but not allocated , allowances for modernising electricity generation in some member states and allowances which are to be auctioned at a later point in time because of their placement in the market stability reserve established by decision 2015 / … of the european parliament and of the council19 . __________________ 18 secxx 19 decision 2015 / … of the european parliament and of the council of … concerning the establishment and operation of a market stability reserve for the union greenhouse gas emission trading scheme and amending directive 2003 / 87 / ec . ### the auctioning of allowances remains the general rule , with free allocation as the exception . consequently , and as confirmed by the european council , the share of allowances to be auctioned , which was 52 . 5% over the period 2013 - 2020 , should not be reduced . the auctioning share is calculated based on the number of allowances used or earmarked for free allocation in the third trading period . __________________ 18 secxx 19 decision 2015 / … of the european parliament and of the council of … concerning the establishment and operation of a market stability reserve for the union greenhouse gas emission trading scheme and amending directive 2003 / 87 / ec .


### member states should partially compensate , in accordance with state aid rules , certain installations in sectors or sub - sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices . the protocol and accompanying decisions adopted by the conference of the parties in paris need to provide for the dynamic mobilisation of climate finance , technology transfer and capacity building for eligible parties , particularly those with least capabilities . public sector climate finance will continue to play an important role in mobilising resources after 2020 . therefore , auction revenues should also be used for climate financing actions in vulnerable third countries , including adaptation to the impacts of climate . the amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed intended nationally determined contributions , subsequent investment plans and national adaptation planning processes . member states should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy . ### member states should partially compensate , in accordance with state aid rules , certain installations in sectors or sub - sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices . the protocol and accompanying decisions adopted by the conference of the parties in paris need to provide for the dynamic mobilisation of climate finance , technology transfer and capacity building for eligible parties , particularly those with least capabilities . public sector climate finance will continue to play an important role in mobilising resources after 2020 . therefore , auction revenues should also be used for climate financing actions in vulnerable third countries , including adaptation to the impacts of climate . the amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed intended nationally determined contributions , subsequent investment plans and national adaptation planning processes .


### other sectors and sub - sectors are considered to be able to pass on more of the cost of allowances in product prices , and shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to article 10a . ### sectors and sub - sectors not falling under paragraphs 1 or 2 are considered to be able to pass on more of the cost of allowances in product prices , and shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to article 10a .


### in addition , 50 million unallocated allowances from the market stability reserve established by decision 2015 / … shall supplement any existing resources remaining under this paragraph for projects referred to above , with projects in all member states including small - scale projects , before 2021 . projects shall be selected on the basis of objective and transparent criteria . ### in addition , 50 million unallocated allowances from the market stability reserve established by decision 2015 / … shall supplement any existing resources remaining under this paragraph for projects operating costs or investments referred to above , with projects in all member states including small - scale projects , before 2021 . projects shall be selected on the basis of objective and transparent criteria .


### 400 million allowances shall be available to support innovation in low - carbon technologies and processes in industrial sectors listed in annex i , and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage of co2 as well as demonstration projects of innovative renewable energy technologies , in the territory of the union . ### up to 400 million allowances to be auctioned as set out in article 10 shall be available to support innovation in low - carbon technologies and processes in industrial sectors listed in annex i , and to the extent of a maximum of 50 million allowances , to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe ccs and ccu as well as demonstration projects of innovative renewable energy technologies , in the territory of the union .


### in addition , 50 million unallocated allowances from the market stability reserve established by decision 2015 / … shall supplement any existing resources remaining under this paragraph for projects referred to above , with projects in all member states including small - scale projects , before 2021 . projects shall be selected on the basis of objective and transparent criteria . ### projects shall be selected on the basis of objective and transparent criteria .


### ‘ operating hours’ means the time , expressed in hours , during which a combustion plant is discharging emissions into the air ; ### ‘ operating hours’ means the time , expressed in hours , during which a combustion plant is operating and discharging emissions into the air , excluding start - up and shut - down periods ;


### as a first step in a company’s lifecycle , it should be possible to establish and register companies fully online . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . in any event , member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form . ### as a first step in a company’s lifecycle , it should be possible to establish and register companies fully online . however , member states should have the possibility to derogate automatically from this requirement in the case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . in any event , member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form .


### the choice of the form of out - payments for the decumulation phase shall be exercised by pepp savers upon conclusion of a pepp contract and can be changed once every five years thereafter during the accumulation phase , if applicable . ### the choice of the form of out - payments shall be exercised by pepp savers at the end of the accumulation phase .


### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 1 . 5 % of the positive balance to be transferred to the receiving pepp provider . ### the respective fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than € 150 of the positive balance to be transferred to the receiving pepp provider .


### without prejudice to the deadline under article 13 , pepp providers shall ensure that within each individual pepp account a new compartment could be opened , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp by the member state to which the pepp saver moves . ### without prejudice to the deadline under article 13 , pepp providers shall ensure that within each individual pepp account a new compartment could be opened , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp by the member state to which the pepp saver moves . where the pepp saver changes his domicile by moving to a member state for which the pepp provider is not able to offer a compartment , the pepp saver shall be able to switch pepp provider for an amount of maximum € 150 upon his change of domicile .


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100 % above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75 % compared to the highest rate . ### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 50 % above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75 % compared to the highest rate .


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### road charges mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure , including alternative transport infrastructure , reducing road transport pollution at source and facilitating the production and taking up of zero - emission vehicles . therefore member states should ring - fence and use revenues from road charges accordingly and , to this end , adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of distance - based road charging .


### in order to promote the use of the cleanest and most efficient vehicles , member states should apply significantly reduced road tolls and user charges to those vehicles . ### in order to promote the use of the cleanest and most efficient vehicles , member states could apply significantly reduced road tolls and user charges to those vehicles .


### in view of their potential to considerably affect the road haulage market , as well as the social protection of workers , serious infringements of union rules on the posting of workers and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute . ### in view of their potential to considerably affect the road haulage market , as well as the social protection of workers , serious infringements of union rules on the posting of workers , cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute .


### it is necessary to ensure that road transport operators established in a member state have a real and continuous presence in that member state and conduct their business from there . therefore , and in light of experience , it is necessary to clarify the provisions regarding the existence of an effective and stable establishment . ### current eu social legislation in the road transport sector has fostered social dumping , unregulated relocation and , in general , the proliferation of illicit practices causing unfair competition in this sector , such as the misuse of cabotage arrangements or letterbox companies . member states must therefore be able to take action to ensure that road transport operators established in their territory have a real and continuous presence there and conduct their business from there . therefore , it is necessary to clarify the provisions regarding the existence of an effective and stable establishment , to step up checks and to combat the unfair practices that are threatening the entire sector , in italy as in europe .


### the rules on national transport performed on a temporary basis by non - resident hauliers in a host member state should be clear , simple and easy to enforce , while broadly maintaining the level of liberalisation achieved so far . ### the rules on national transport performed on a temporary basis by non - resident hauliers in a host member state should be clear , simple and easy to enforce .


### so far , and unless otherwise provided for in national law , the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles not exceeding that limit . the number of such undertakings which are active in both national and international transport operations has been increasing . as a result , several member states have decided to apply the rules on access to the occupation of road transport operator , provided for in regulation no 1071 / 2009 , to those undertakings . to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3 . 5 tonnes by way of common rules , and thus to approximate competitive conditions between all operators , this provision should be deleted , whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory . ### so far , and unless otherwise provided for in national law , the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles not exceeding that limit . the number of such undertakings which are active in both national and international transport operations has been increasing . in order to ensure the professionalisation of the sector by way of common rules , all requirements for access to the occupation of road transport operator should be extended , proportionately and in a non - discriminatory manner , also to undertakings which operate solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles not exceeding that limit .


### each member state shall organise checks in such a way that , as from 1 january 2020 , in every calendar year at least 2 % of all cabotage operations performed in their territory are checked . they shall increase the percentage to at least 3 % from 1 january 2022 . the basis for the calculation of that percentage shall be the total cabotage activity in the member state in terms of tonnes - kilometres in year t - 2 , as reported by eurostat . ### cabotage by a carrier registered abroad is prohibited . each member state shall organise checks in such a way that , as from 1&#160 ; january&#160 ; 2020 , in every calendar year at least 4% of all cabotage operations performed in their territory are checked . they shall increase the percentage to at least 6% from 1&#160 ; january&#160 ; 2022 . the basis for the calculation of that percentage shall be the total cabotage activity in the member state in terms of tonnes - kilometres in year t - 2 , as reported by eurostat .


### member states shall , at least three times per year , undertake concerted roadside checks on cabotage operations . such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more member states , each operating in its own territory . the national contact points designated in accordance with article 18 of regulation no 1071 / 2009 of the european parliament and of the council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place . ### member states shall , at least six times per year , undertake concerted roadside checks on cabotage operations , which may coincide with checks performed in accordance with article 5 of directive 2006 / 22 / ec . such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more member states , each operating in its own territory . the national contact points designated in accordance with article 18 of regulation no 1071 / 2009 of the european parliament and of the council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers from a lack of investment as a consequence of asymmetries of regulation which still persist on the internal market , market uncertainty regarding the economic future , austerity policies and the rigid fiscal constraints imposed on member states by the troika . this lack of investment slows consumption and economic recovery and negatively affects job creation , long - term growth prospects and competitiveness .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union , particularly in the euro zone , and to ensure increased access to financing , which should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to enhancing the competitiveness of european businesses and supporting employment .


### 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 barriers to investment , reducing red tape , 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 .


### member states should set farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses , covering economic , environmental and social dimensions , and to identify the necessary improvements as regards all measures at farm level provided for in the cap strategic plans . these farm advisory services should help farmers and other beneficiaries of cap support to become more aware of the relationship between farm management and land management on the one hand , and certain standards , requirements and information , including environmental and climate ones , on the other hand . the list of the latter includes standards applying to or necessary for farmers and other cap beneficiaries and set in the cap strategic plan , as well as those stemming from the legislation on water , on the sustainable use of pesticides , as well as the initiatives to combat antimicrobial resistance and the management of risks . in order to enhance the quality and effectiveness of the advice , member states should integrate advisors within the agricultural knowledge and innovation systems , in order to be able to deliver up - to - date technological and scientific information developed by research and innovation . ### member states are asked to establish farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses , covering economic , environmental and social dimensions , and to identify the necessary improvements as regards all measures at farm level provided for in the cap strategic plans . these farm advisory services should help farmers and other beneficiaries of cap support to become more aware of the relationship between farm management and land management on the one hand , and certain standards , requirements and information , including environmental and climate ones , on the other hand . the list of the latter includes standards applying to or necessary for farmers and other cap beneficiaries and set in the cap strategic plan , as well as those stemming from the legislation on water , on the sustainable use of pesticides , as well as the initiatives to combat antimicrobial resistance and the management of risks . in order to enhance the quality and effectiveness of the advice , member states should integrate advisors within the agricultural knowledge and innovation systems , in order to be able to deliver up - to - date technological and scientific information developed by research and innovation .


### by [ 3 months following the entry into force of this decision ] at the latest member states shall notify to the commission all existing intergovernmental agreements , including annexes and amendments thereto . ### by [ 3 months following the entry into force of this decision ] at the latest member states may transmit to the commission existing intergovernmental agreements , including annexes and amendments thereto that they deem necessary for ensuring their security of supply .


### in order to avoid any incompliance with union law and enhance transparency , member states should inform the commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible . the commission should be kept informed regularly of the progress of the negotiations . member states should have the possibility to invite the commission to participate in the negotiations as an observer . ### in order to avoid any failure to comply with union law and enhance transparency , member states should be able to inform the commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible . the commission could then be kept informed regularly of the progress of the negotiations . those member states that so wish should have the possibility to invite the commission to participate in the negotiations as an observer .


### this decision should only apply to intergovernmental agreements that have an impact on the internal energy market or the security of energy supply in the union . in case of doubt , member states should consult the commission . in principle , agreements that are no longer in force or are no longer applied do not have an impact on the internal energy market or on the security of energy supply in the union and should therefore not be covered by this decision . ### this decision should only apply to intergovernmental agreements that have an impact on the inter - state energy market or the security of energy supply in the union . in case of doubt , member states could consult the commission . in principle , agreements that are no longer in force or are no longer applied do not have an impact on the inter - state energy market or on the security of energy supply in the union and should therefore not be covered by this decision .


### during the negotiations the commission should have the possibility to advice on how to avoid incompatibility with union law . in particular , the commission could develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions . ### during the negotiations of an intergovernmental agreement , the commission should have the possibility to advise the member state concerned on how to avoid incompatibility with union law . the commission should have the possibility to draw attention of the member state concerned to the relevant union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions .


### a permanent exchange of information on intergovernmental agreements at union level should enable best practices to be developed . on the basis of those best practices , the commission , where appropriate in cooperation with the european external action service as regards the union’s external policies , should develop optional model clauses to be used in intergovernmental agreements between member states and third countries . the use of such model clauses should aim to avoid conflicts of intergovernmental agreements with union law , in particular internal energy market rules and competition law , and conflicts with international agreements concluded by the union . their use should be optional , and it should be possible to adapt their content to any particular circumstance . ### a permanent exchange of information on intergovernmental agreements at union level should enable best practices to be developed .


### this decision establishes a mechanism for the exchange of information between member states and the commission with regard to intergovernmental agreements and non - binding instruments in the field of energy as defined in article 2 , in order to optimise the functioning of the internal energy market . ### this decision establishes a mechanism for the exchange of information between member states and the commission with regard to intergovernmental agreements in the field of energy as defined in article 2 , in order to strengthen the functioning of the internal energy market .


### in order to ensure compliance with union law , member states should notify the draft intergovernmental agreement to the commission before it becomes legally binding for the parties . in a spirit of cooperation , the commission should support the member state in identifying compliance issues of the draft intergovernmental agreement or amendment . the respective member state would then be better prepared to conclude a union law compliant agreement . the commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays . in order to fully benefit from the commission ' s support member states should refrain from concluding an intergovernmental agreement until the commission has informed the member state of its assessment . the member states should take all necessary steps to find a suitable solution to eliminate the incompatibility identified . ### in order to ensure the security of energy supply of the union , member states should be able to notify the draft intergovernmental agreement to the commission before it becomes legally binding for the parties . in a spirit of cooperation , the commission should support the member state in identifying security of supply issues of the draft intergovernmental agreement or amendment and provide them with legal and political support in concluding mutually advantageous agreements . the respective member state would then be better prepared to conclude an agreement in keeping with their needs as regards security and continuity of supply and thus the security and continuity of supply of the union . the commission should have sufficient time for such an assessment in order to provide for as much legal and political certainty as possible while avoiding undue delays . in order to fully benefit from the commission ' s support member states should be able to ask for such support before the conclusion of an intergovernmental agreement until the commission has informed the member state of its assessment and its advice . the member states should take all necessary steps to find a suitable solution to conclude an agreement that meets their security of supply needs and those of the union as far as possible .


### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services may provide it with advice on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with union law . that member state may also request the assistance of the commission in those negotiations . ### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services may provide it with advice on how to ensure the security of its energy supply and that of the union in order to obtain the most advantageous agreement for itself and for the union . that member state may also request the assistance of the commission in those negotiations .


### where the commission informs the member state concerned pursuant to paragraph 1 that it has doubts , it shall inform the member state concerned of its opinion on the compatibility with union law , in particular with internal energy market legislation and union competition law , of the draft intergovernmental agreement or amendment concerned within 12 weeks of the date of notification referred to in paragraph 1 . in the absence of an opinion from the commission within that period , the commission shall be deemed not to have raised any objections . ### where the commission informs the member state concerned pursuant to paragraph 1 that it has doubts , it shall provide it with its opinion within 12 weeks of the date of transmission referred to in paragraph 1 . in the absence of an opinion from the commission within that period , the commission shall be deemed not to have raised any objections .


### the commission shall assess intergovernmental agreements notified in accordance with paragraph 1 or 2 . where , following its first assessment , the commission has doubts as to the compatibility of those agreements with union law , in particular with internal energy market legislation and union competition law , the commission shall inform the member states concerned accordingly within nine months of the notification of those agreements . ### the commission shall assess intergovernmental agreements transmitted in accordance with paragraph 1 or 2 . where , following its first assessment , the commission has doubts as to the compatibility of those agreements with the security of supply of the member state and the union , the commission shall inform the member states concerned accordingly within nine months of the transmission of those agreements .


### member states establish relations to third countries not only by concluding intergovernmental agreements , but also in the form of non - binding instruments . even if legally non - binding , such instruments can be used to set out a detailed framework for energy infrastructure and energy supply . in this respect non - binding instruments can have similar impacts on the internal energy market as intergovernmental agreements as their implementation might result in a violation of union law . in order to ensure greater transparency regarding all measures applied by member states that can have an impact on the internal energy market and energy security , member states should therefore submit to the commission , ex post , also the respective non - binding instruments . the commission should assess the submitted non - binding instruments and , if appropriate , inform the member state accordingly . ### member states establish relations to third countries not only by concluding intergovernmental agreements , but also in the form of non - binding instruments . because they are legally non - binding , such instruments are not covered by this decision .


### on the basis of best practices and in consultation with member states , developing optional model clauses , which , if applied , would significantly improve compliance of future intergovernmental agreements and non - binding instruments with union law ; ### on the basis of best practices and in consultation with member states , developing advice and negotiating parameters , which , if applied , would significantly improve compliance of future intergovernmental agreements with the security of supply needs of member states and of the union ;


### the improved mutual knowledge of existing and new intergovernmental agreements and non - binding instruments should allow for better coordination in energy matters between member states and between member states and the commission . such improved coordination should enable member states to benefit fully from the political and economic weight of the union and enable the commission to propose solutions for problems identified in the area of intergovernmental agreements . ### the improved mutual knowledge of existing and new intergovernmental agreements should allow for better coordination in energy matters between member states . such improved coordination should enable member states to fully benefit from the political and economic weight of the union .


### the executing authority shall take the decision on the recognition and execution of the confiscation order without delay and , without prejudice to paragraph 5 , no later than 30 days after the executing authority has received the confiscation order . ### the executing authority shall take the decision on the recognition and execution of the confiscation order without delay and , without prejudice to paragraph 5 , no later than two months after the executing authority has received the confiscation order .


### this regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal proceedings . this regulation should not apply to freezing and confiscation orders issued within the framework of civil or administrative proceedings . ### this regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu . this regulation should not apply to freezing and confiscation orders issued within the framework of civil or administrative proceedings .


### the instructions for use , in accordance with the veterinary prescription and with the summary of product characteristics referred to in article 14 of directive 2001 / 82 / ec ; ### the instructions for use , in accordance with the summary of product characteristics referred to in article 14 of directive 2001 / 82 / ec , or with the veterinary prescription , if available at the time of manufacture .


### food safety is a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . considering that it would be financed by the union budget and that the use of this exceptional verification tool should remain proportionate , the commission should be responsible for triggering the commissioning of such verification studies . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake . ### food safety is a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . although it would be financed by the union budget and the use of this exceptional verification tool should remain proportionate , the commission should not necessarily be responsible for triggering the commissioning of such verification studies . such studies could also be commissioned by a member state . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake .


### food safety is a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . considering that it would be financed by the union budget and that the use of this exceptional verification tool should remain proportionate , the commission should be responsible for triggering the commissioning of such verification studies . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake . ### food safety is legitimately a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . considering that it would be financed by the union budget and that the use of this exceptional verification tool should remain proportionate , the commission should be responsible for triggering the commissioning of such verification studies . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake .


### food safety is a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . considering that it would be financed by the union budget and that the use of this exceptional verification tool should remain proportionate , the commission should be responsible for triggering the commissioning of such verification studies . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake . ### food safety is a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . considering that it would be financed by the union budget and that the use of this exceptional verification tool should remain proportionate , the commission should be responsible for triggering the commissioning of such verification studies . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake . this initiative , when considered together with the numerous efforts being made by certain members of parliament anxious to highlight the lack of independence of the authority , necessitates a thorough review of the authority’s risk assessment procedures .


### transparency of the risk assessment process contributes to the authority acquiring greater legitimacy in the eyes of the consumers and general public in pursuing its mission , increases their confidence in its work and ensures that the authority is more accountable to the union citizens in a democratic system . it is therefore essential to maintain the confidence of the general public and other interested parties in the risk analysis process underpinning union food law and in particular in the risk assessment , including the organisation and independence of the authority and transparency . ### transparency of the risk assessment process contributes to the authority acquiring greater legitimacy in the eyes of the consumers and general public in pursuing its mission , increases their confidence in its work and ensures that the authority is more accountable to the union citizens in a democratic system . it is therefore essential to maintain the confidence of the general public and other interested parties in the risk analysis process underpinning union food law and in particular in the risk assessment , including the organisation and independence of the authority and transparency . the confidence of the general public will be hard to win in view of the recent scandals that have undermined the reputation of the authority , particularly as regards its independence .


### there are certain public concerns about the authority’s assessment in the area of authorisation being primarily based on industry studies . the authority already makes searches in scientific literature to be able to consider other data and studies existing on the subject matter submitted to its assessment . in order to provide an additional level of guarantee ensuring that the authority can have access to all relevant scientific data and studies available on a subject matter of an authorisation procedure , it is appropriate to provide for a consultation of third parties in order to identify whether other relevant scientific data or studies are available . to increase the effectiveness of the consultation , the consultation should take place when the studies submitted by industry included in an application for authorisation are made public , under the transparency rules of this regulation . ### there are serious public concerns about the authority’s assessment in the area of authorisation being primarily based on industry studies . the authority already makes searches in scientific literature to be able to consider other data and studies existing on the subject matter submitted to its assessment . in order to provide an additional level of guarantee ensuring that the authority can have access to all relevant scientific data and studies available on a subject matter of an authorisation procedure , it is appropriate to provide for a consultation of third parties in order to identify whether other relevant scientific data or studies are available . to increase the effectiveness of the consultation , the consultation should take place when the studies submitted by industry included in an application for authorisation are made public , under the transparency rules of this regulation .


### fraud , corruption , participation in a criminal organisation , money laundering , terrorist financing , terrorist - related offences , child labour or other forms of trafficking in human beings on the basis of evidence established by the panel referred to in article 108 or as established by a final judgement ; ### fraud , tax fraud , tax evasion – including tax evasion in the european union or via untaxed offshore structures – misuse of corporate assets , embezzlement of public funds , corruption , participation in a criminal organisation , money laundering , terrorist financing , terrorist - related offences , child labour or other forms of trafficking in human beings on the basis of evidence established by the panel referred to in article 108 or as established by a final judgement ;


### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal . ### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal , except where a derogation is granted .


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### despite the sale of a large proportion of road networks and their capture by private companies , which have little concern for the public interest , road charges mobilise resources . those resources make it possible to finance the maintenance and development of better quality transport infrastructure which causes less environmental damage by reducing air pollution . consideration can therefore be given to incentivising member states to use revenues from road charges accordingly . that should in particular help identifying possible financing gaps , and raising acceptance of road charging among users of the road network .


### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1 % of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem . ### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1% of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories , while remaining reasonable in order not to harm the economic activity of road users who , in most cases , have no other transport option besides travel by car . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should , where possible , be allocated to projects addressing the sources of the problem .


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### road charges mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure , reducing road transport pollution at source and facilitating the production and taking up of zero - emission vehicles . it is therefore appropriate for member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of distance - based road charging .


### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate . ### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union and thereby help to prevent shortages of certain medicines , like those which have occurred recently , by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate .


### existing disparities may adversely affect businesses and consumers . pursuant to regulation no 593 / 2008 of the european parliament and of the council40 , businesses directing activities to consumers in other member states need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence . as these rules differ among member states , businesses may be faced with additional costs . consequently many businesses may prefer to continue trading domestically or only export to one or two member states . that choice of minimising exposure to costs and risks associated with cross - border e - commerce results in lost opportunities of commercial expansion and economies of scale . small and medium enterprises are in particular affected . _________________ 40 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations oj l177 , 4 . 7 . 2008 , p . 6 . ### existing disparities may adversely affect businesses and consumers in some cases while affording them protection in others . pursuant to regulation no 593 / 2008 of the european parliament and of the council40 , businesses directing activities to consumers in other member states need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence . as these rules differ among member states , businesses face additional costs . consequently , businesses may prefer to continue trading domestically . _________________ 40 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations oj l177 , 4 . 7 . 2008 , p . 6 .


### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of sustainability . ### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of environmental , social and economic sustainability .


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


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### sustainable infrastructure projects in the environmental , natural resources , resource efficiency , urban development and social fields ;


### 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 made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , environmentally sustainable and socially 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 and environmentally sustainable investment projects .


### 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 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 appointment of the experts shall be approved by the council by a majority vote after consulting 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 and medium enterprises and small mid - cap companies .


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with clear environmental and societal value added to ensure additionality over existing operations . the efsi should finance sustainable projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms .


### expansion of renewable energy and energy and resource efficiency ; ### expansion of renewable energy , energy savings and efficiency and natural resources ;


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be environmentally , socially and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing provided these are clearly intended to support the green and circular economy .


### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential . ### the freedom of member states to conduct their national economic policies is essential for the economic recovery of the union and may be the subject of co - operation between individual member states . along with a renewed impetus towards investment financing , such cooperation can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential .


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### sustainable infrastructure projects in the fields of environmental improvement and protection , biodiversity protection , sustainable use of natural resources and sustainable , high societal value added urban development and mobility ;


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added contributing to achieving the national economic policy objectives of member states .


### member states have also begun work at national level on establishing and promoting project pipelines for projects of national significance . the information prepared by the commission and the eib should provide links to the accompanying national project pipelines . ### member states have also begun work at national level on establishing and promoting project pipelines for environmentally innovative projects of national significance . the information prepared by the commission and the eib should provide links to the accompanying national project pipelines .


### generalised deficiencies in the member states as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review , can seriously harm the financial interests of the union . ### serious and persistent breaches of the rule of law by a member state which affect in particular the proper functioning of public authorities and effective judicial review , can seriously harm the financial interests of the union .


### appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a member state affects or risks affecting the principles of sound financial management or the protection of the financial interests of the union , in particular : ### in the event it decides to act according to article 7 teu , the council may take appropriate measures pursuant to this regulation where a serious and persistent breach of the rule of law by a member state affects the principles of sound financial management or the protection of the financial interests of the union .


### proposal for a regulation of the european parliament and of the council on the protection of the union ' s budget in case of generalised deficiencies as regards the rule of law in the member states ### proposal for a regulation of the european parliament and of the council on the protection of the union ' s budget in case of occurred determination of the existence of a serious and persistent breach of the rule of law by a member state


### ' generalised deficiency as regards the rule of law ' means a widespread or recurrent practice or omission , or measure by public authorities which affects the rule of law ; ### ' serious and persistent breach of the rule of law ' means the occurred determination , pursuant to article 7 teu , of the existence of a serious and persistent breach of the rule of law by a member state ;


### the commission should have the possibility , in specific cases , to ask the council to indicate its views and orientation on the wider implications of the absence of an opinion , including the institutional , legal , political and international implications . the commission should take account of any position expressed by the council within 3 months after the referral . in duly justified cases , the commission may indicate a shorter deadline in the referral . ### the commission should have the possibility , in specific cases , to ask the council to indicate its views and orientation on the wider implications of the absence of an opinion , including the institutional , legal , political and international implications . the commission should take account of any position expressed by the council within 3 months after the referral . in duly justified cases , the commission may indicate a shorter deadline in the referral . this approach can only be valid if it is validated by all member states .


### by [ opoce to insert exact date : two months after entry into force of this regulation ] , entso - e shall submit to the agency a proposal for a methodology for identifying the most relevant electricity crisis scenarios in a regional context . ### by . . . [ opoce to insert exact date : four months after entry into force of this regulation ] , entso - e shall submit to the agency a proposal for a methodology for identifying the most relevant electricity crisis scenarios in a regional context .


### on the basis of this common methodology , entso - e should regularly draw up and update regional crisis scenarios and identify the most relevant risks for each region such as extreme weather conditions , natural disasters , fuel shortages or malicious attacks . when considering the crisis scenario of gas fuel shortage , the risk of gas supply disruption should be assessed based on the gas supply and infrastructure disruption scenarios developed by the european network of transmission system operators for gas pursuant to article 6 . 6 of the gas security of supply regulation [ proposed gas security of supply regulation ] . member states should establish and update their national crisis scenarios on this basis , in principle every three years . the scenarios should provide the basis for the risk - preparedness plans . when identifying risks on national level the member states should also describe possible risks they see in relation to the ownership of infrastructure relevant for security of supply , and possible measures taken , if any , to address such risks , with an indication why in their view such measures are justified . ### on the basis of this common methodology , entso - e , in cooperation with the member states , should regularly draw up and update regional crisis scenarios and identify the most relevant risks for each region such as extreme weather conditions , natural disasters , fuel shortages or malicious attacks . when considering the crisis scenario of gas fuel shortage , the risk of gas supply disruption should be assessed based on the gas supply and infrastructure disruption scenarios developed by the european network of transmission system operators for gas pursuant to article 6 . 6 of the gas security of supply regulation [ proposed gas security of supply regulation ] . member states should establish and update their national crisis scenarios on this basis , in principle every three years . the scenarios should provide the basis for the risk - preparedness plans . when identifying risks on national level the member states should also describe possible risks they see in relation to the ownership of infrastructure relevant for security of supply , and possible measures taken , if any , to address such risks , with an indication why in their view such measures are justified .