### member states should be able to decide to involve the private sector in the issuance of electronic identification means and to allow the private sector the use of electronic identification means under a notified scheme for identification purposes when needed for online services or electronic transactions . the possibility to use such electronic identification means would enable the private sector to rely on electronic identification and authentication already largely used in many member states at least for public services and to make it easier for businesses and citizens to access their online services across borders . in order to facilitate the use of such electronic identification means across borders by the private sector , the authentication possibility provided by the member states should be available to relying parties without discriminating between public or private sector . ### member states should be able to involve the private sector in issuing electronic authentication or identification means . private sector parties should also be allowed to use electronic authentication and identification means under a notified scheme for authentication or identification purposes when needed for online services or electronic transactions . the possibility to use such means would enable the private sector to rely on electronic identification and / or authentication already largely used in many member states at least for public services and to make it easier for businesses and citizens to access their online services across borders . in order to facilitate the use of such electronic authentication or identification means across borders by the private sector , the authentication possibility provided by the member states should be available to relying parties without discriminating between public and private sector .


### the cross border use of electronic identification means under a notified scheme requires member states to cooperate in providing technical interoperability . this rules out any specific national technical rules requiring non - national parties for instance to obtain specific hardware or software to verify and validate the notified electronic identification . technical requirements on users , on the other hand , stemming from the inherent specifications of whatever token is used are inevitable . ### the cross border use of electronic identification means under a notified scheme requires member states to cooperate in providing technical interoperability in accordance with the principle of technological neutrality . this rules out any specific national technical rules requiring non - national parties for instance to obtain specific hardware or software to verify and validate the notified electronic identification . technical requirements on users , on the other hand , stemming from the inherent specifications of whatever token is used are inevitable .


### cooperation of member states should serve the technical interoperability of the notified electronic identification schemes with a view to foster a high level of trust and security appropriate to the degree of risk . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation . ### cooperation of member states should serve the technical interoperability of the notified electronic identification schemes with a view to foster a high level of trust and security appropriate to the degree of risk . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation . to ensure efficiency , interoperability and security safeguards should be addressed prior to notification .


### cooperation of member states should serve the technical interoperability of the notified electronic identification schemes with a view to foster a high level of trust and security appropriate to the degree of risk . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation . ### cooperation of member states should serve the technical interoperability of the notified electronic authentication or identification schemes with a view to foster a high level of trust and security appropriate to the degree of risk . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation .


### cooperation of member states should serve the technical interoperability of the notified electronic identification schemes with a view to foster a high level of trust and security appropriate to the degree of risk . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation . ### cooperation of member states should serve the technical interoperability and neutrality of the notified electronic identification schemes with a view to fostering a high level of trust and security appropriate to the degree of risk . the exchange of information and the sharing of best practices between member states with a view to their mutual recognition should help such cooperation .


### this regulation should also establish a general legal framework for the use of electronic trust services . however , it should not create a general obligation to use them . in particular , it should not cover the provision of services based on voluntary agreements under private law . neither should it cover aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form prescribed by national or union law . ### this regulation should also establish a general legal framework for the use of electronic trust services . however , it should not create a general obligation to use them . in particular , it should not cover the provision of services based on voluntary agreements under private law . it should also be without prejudice to provisions on the form , formation or effect of contracts or to the form , creation or validity of other private - law obligations irrespective of whether they are founded on national or union law , for example articles 10 and 11 of regulation no 593 / 2008 . furthermore this regulation should be without prejudice to the rules and restrictions in national or union law on the use of documents , and should not apply to register procedures , particularly those relating to land registers and trade registers .


### this regulation should also establish a general legal framework for the use of electronic trust services . however , it should not create a general obligation to use them . in particular , it should not cover the provision of services based on voluntary agreements under private law . neither should it cover aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form prescribed by national or union law . ### this regulation should also establish a general legal framework for the use of electronic trust services without creating a general obligation to use them . in particular , it should not cover the provision of services based on voluntary agreements under private law . member states shall ensure a level playing field between electronic trust services , independently of whether they are issued under public or private law conditions . likewise , this regulation shall not cover aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form prescribed by national or union law . however , member states shall ensure that the forms prescribed by national or union law shall not prejudice the legal validity and effectiveness of electronic trust services stipulated between private or public undertakings .


### because of the pace of technological change , this regulation should adopt an approach which is open to innovations . ### because of the pace of technological change , this regulation should adopt an approach which aims at stimulating innovations .


### to enhance people ' s trust in the internal market and to promote the use of trust services and products , the notions of qualified trust services and qualified trust service provider should be introduced with a view to indicating requirements and obligations to ensure high - level security of whatever qualified trust services and products are used or provided . ### to enhance trust of small and medium enterprises and consumers in the internal market and to promote the use of trust services and products , the notions of qualified trust services and qualified trust service provider should be introduced with a view to indicating requirements and obligations to ensure high - level security of whatever qualified trust services and products are used or provided . both qualified and advanced electronic signatures may be legally equivalent to handwritten signatures . nothing in this regulation shall limit the ability of any natural or legal person to demonstrate with evidence the non - reliability of any form of electronic signature . however , in case of qualified electronic signature the burden of proof when questioning the identity of the signatory shall rest with the contesting party .


### supervisory bodies should cooperate and exchange information with data protection authorities to ensure proper implementation of data protection legislation by service providers . the exchange of information should in particular cover security incidents and personal data breaches . ### trust service providers and national bodies responsible for accreditation or supervision shall comply with the requirements laid down in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on tile protection of individuals with regard to the processing of personal data and on the free movement of such data . member states shall also ensure that trust service providers and national bodies responsible for accreditation or supervision cooperate and exchange information with data protection authorities to ensure proper implementation of data protection legislation by service providers . the exchange of information should in particular cover security incidents and personal data breaches , where provided by the applicable law .


### supervisory bodies should cooperate and exchange information with data protection authorities to ensure proper implementation of data protection legislation by service providers . the exchange of information should in particular cover security incidents and personal data breaches . ### supervisory bodies should cooperate and exchange information with data protection authorities to ensure proper implementation of data and consumer protection legislation by service providers . the exchange of information should in particular cover security incidents and personal data breaches .


### notification of security breaches and security risk assessments is essential with a view to providing adequate information to concerned parties in the event of a breach of security or loss of integrity . ### notification to the competent supervisory body by trust services providers of security breaches and security risk assessments is essential with a view to providing adequate information to concerned parties in the event of a breach of security or loss of integrity .


### to ensure sustainability and durability of qualified trust services and to boost users ‘ confidence in the continuity of qualified trust services , supervisory bodies should ensure that the data of qualified trust service providers are preserved and kept accessible for an appropriate period of time even if a qualified trust service provider ceases to exist . ### to ensure sustainability and durability of qualified trust services and to boost users ' confidence in the continuity of qualified trust services , supervisory bodies should ensure that the data collected by the qualified trust service providers are preserved and kept accessible for an appropriate period of time even if a qualified trust service provider ceases to exist .


### to facilitate the supervision of qualified trust services providers , for example when a provider is providing its services in the territory of another member state and is not subject to supervision there , or when the computers of a provider are located in the territory of another member state than the one where it is established , a mutual assistance system between supervisory bodies in the member states should be set up . ### to facilitate the supervision of qualified trust services providers and ensure that it is effective , as stipulated in this regulation , for example when a provider is providing its services in the territory of another member state and is not subject to supervision there , or when the computers of a provider are located in the territory of another member state than the one where it is established , a mutual assistance system between supervisory bodies in the member states should be set up . the system should also aim to simplify and reduce the administrative burden on trust service providers by having a one - stop - shop supervisory body .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission , in particular for specifying reference numbers of standards which use would give a presumption of compliance with certain requirements laid down in this regulation or defined in delegated acts . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission , in particular for specifying reference numbers of standards which use would give a presumption of compliance with certain requirements laid down in this regulation or defined in delegated acts . those powers should be exercised , after a transparent stakeholder consultation , in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### this regulation ensures that trust services and products which comply with this regulation are permitted to circulate freely in the internal market . ### this regulation ensures that both qualified and non - qualified trust services and products which comply with this regulation are permitted to circulate freely in the internal market .


### this regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market . ### this regulation lays down rules for certain electronic authentication or identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market .


### this regulation lays down the conditions under which member states shall recognise and accept electronic identification means of natural and legal persons falling under a notified electronic identification scheme of another member state . ### this regulation lays down the conditions under which member states shall recognise and accept electronic authentication or identification means for natural and legal persons falling under a notified electronic authentication or identification scheme of another member state .


### this regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market . ### this regulation lays down rules for electronic identification and electronic trust services for electronic transactions with the aim to develop the digital single market by guaranteeing a high degree of security , and strengthening confidence and trust in cross - border electronic transactions of the digital environment .


### this regulation ensures that trust services and products which comply with this regulation are permitted to circulate freely in the internal market . ### this regulation ensures that trust services and products which comply with this regulation circulate freely in the internal market .


### this regulation does not apply to aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form prescribed by national or union law . ### this regulation shall be without prejudice to provisions of national or union law on the formation or validity of contracts or other private law obligations .


### this regulation applies to electronic identification provided by , on behalf or under the responsibility of member states and to trust service providers established in the union . ### this regulation applies to electronic authentication and identification provided by , on behalf or under the responsibility of member states and to the associated trust service providers .


### this regulation applies to electronic identification provided by , on behalf or under the responsibility of member states and to trust service providers established in the union . ### this regulation applies to electronic identification provided by , on behalf or under the responsibility of member states and to trust service providers established in the union . this regulation applies to trust services offered to the public .


### ‘ authentication’ means an electronic process that allows the validation of the electronic identification of a natural or legal person ; or of the origin and integrity of an electronic data ; ### ‘ authentication’ means an electronic process that allows the validation of the electronic identification of a natural or legal person ; or of the origin and integrity of electronic data ;


### it is capable of identifying the signatory ; ### it is capable of guaranteeing the legal validity of the identity of the signatory ;


### it is linked to the data to which it relates in such a way that any subsequent change in the data is detectable ; ### it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable ;


### it is linked to the data to which it relates in such a way that any subsequent change in the data is detectable ; ### it is linked to the data the origin and integrity of which it attests in such a way that any subsequent change in the data is detectable ;


### ‘ certificate’ means an electronic attestation which links electronic signature or seal validation data of a natural or a legal person respectively to the certificate and confirms those data of that person ; ### ' certificate ' means an electronic attestation which links electronic signature or seal validation data with the identification data of an entity , or a natural or a legal person respectively and confirms those data of that person ;


### ‘ certificate’ means an electronic attestation which links electronic signature or seal validation data of a natural or a legal person respectively to the certificate and confirms those data of that person ; ### ‘ certificate’ means an electronic attestation which links signature validation data to a natural person or seal validation data to a legal person and confirms those data of that person ;


### ‘ creator of a seal’ means a legal person who creates an electronic seal ; ### ‘ creator of a seal’ means a natural or legal person who creates an electronic seal ;


### ‘ electronic seal’ means data in electronic form which are attached to or logically associated with other electronic data to ensure the origin and the integrity of the associated data ; ### ‘ electronic seal’ means data in electronic form which are attached to or logically associated with other electronic data to ensure the authenticity and the integrity of the associated data ;


### it is created using electronic seal creation data that the creator of the seal can , with a high level of confidence under its control , use for electronic seal creation ; and ### it is created using an electronic seal creation device that the creator of the seal can , with a high level of confidence under its control , use for electronic seal creation ; and


### there shall be no restriction on the provision of trust services in the territory of a member state by a trust service provider established in another member states for reasons which fall within the fields covered by this regulation . ### there shall be no restriction on the provision of trust services in the territory of a member state by a trust service provider established in another member states for reasons which fall within the fields covered by this regulation . member states shall ensure that trust services originating from another member states are admissible as evidence in legal proceedings .


### the authentication possibility specified in point . ### the authentication arrangements specified in point .


### qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the union and third countries or international organisations in accordance with article 218 tfue . ### qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service provider established in the territory of the union if : the qualified trust service provider fulfils the requirements laid down in this regulation and has been accredited under an accreditation scheme established in a member state ; or the qualified trust service provider established within the union which fulfils the requirements laid down in this regulation guarantees the compliance with the requirements laid down in this regulation ; or the qualified trust services or qualified certificates originating from a third country are recognised under an agreement between the union and that third country or international organisation in accordance with article 218 tfeu .


### the commission may , by means of implementing acts , define the circumstances , formats and procedures for the report referred to in paragraph 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the formats and procedures for the report referred to in paragraph 3 . the commission shall ensure , that stakeholder input is duly considered , preferably in form of an impact assessment , when defining standards to be used for the purpose of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### member states shall designate an appropriate body established in their territory or , upon mutual agreement , in another member state under the responsibility of the designating member state . supervisory bodies shall be given all supervisory and investigatory powers that are necessary for the exercise of their tasks . ### member states shall designate an appropriate body established in their territory or , upon mutual agreement , in another member state under the responsibility of the designating member state . supervisory bodies shall be given all supervisory and investigatory powers that are necessary for the exercise of their tasks . member states shall notify to the commission the names and the addresses of their respective designated supervisory bodies .


### the commission may , by means of implementing acts , define the circumstances , formats and procedures for the report referred to in paragraph 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the formats for the report referred to in paragraph 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### the commission may , by means of implementing acts , define the circumstances , formats and procedures , including deadlines , applicable for the purpose of paragraphs 1 to 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the formats applicable for the purpose of paragraphs 1 to 3 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### the commission may , by means of implementing acts , define the circumstances , procedures and formats applicable for the purpose of paragraphs 1 , 2 and 4 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the procedures and formats applicable for the purpose of paragraphs 1 , 2 and 4 . the commission shall ensure , that stakeholder input is duly considered , preferably in form of an impact assessment , when defining standards to be used for the purpose of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### the commission may , by means of implementing acts , define the circumstances , procedures and formats applicable for the purpose of paragraphs 1 , 2 and 4 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the formats applicable for the purpose of paragraphs 1 , 2 and 4 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### the commission may , by means of implementing acts , define the circumstances , formats and procedures for the purpose of paragraphs 1 , 2 and . 3 those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the formats for the purpose of paragraphs 1 , 2 and . 3 those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### where appropriate , supervisory bodies may carry out joint investigations in which staff from other member states’ supervisory bodies is involved . ### where appropriate , supervisory bodies may carry out joint supervisory actions .


### supervisory bodies shall cooperate with a view to exchange good practice and provide each other , within the shortest possible time , with relevant information and mutual assistance so that activities can be carried out in a consistent manner . mutual assistance shall cover , in particular , information requests and supervisory measures , such as requests to carry out inspections related to the security audits as referred to in articles 15 , 16 and 17 . ### supervisory bodies shall cooperate with a view to exchange good practice and provide each other , within the shortest possible time , with relevant information and mutual assistance so that activities as referred to in article 13 can be carried out in a consistent manner . mutual assistance shall cover , in particular , information requests and supervisory measures , such as requests to carry out inspections related to the security audits as referred to in articles 15 , 16 and 17 .


### without prejudice to article 16 , any trust service provider may submit the report of a security audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken . ### without prejudice to article 16 , any trust service provider shall , without undue delay and not later than six months following the commencement of its activities , submit the report of a compliance audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken .


### trust service providers who are established in the territory of the union shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide . having regard to state of the art , these measures shall ensure that the level of security is appropriate to the degree of risk . in particular , measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of adverse effects of any incidents . ### trust service providers who are established in the territory of the union or provide services in accordance with article 10 of this regulation shall take appropriate technical and organisational measures to manage the risks posed to the security and resilience of the trust services they provide . having regard to state of the art , these measures shall ensure that the level of security is appropriate to the degree of risk . in particular , measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of adverse effects of any incidents .


### without prejudice to article 16 , any trust service provider may submit the report of a security audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken . ### without prejudice to article 16 , any trust service provider shall submit the report of a security audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken .


### trust service providers shall , without undue delay and where feasible not later than 24 hours after having become aware of it , notify the competent supervisory body , the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein . ### trust service providers shall , without undue delay and where feasible not later than 24 hours after having become aware of it , and confirming that a breach has occurred , notify the competent supervisory body , the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein .


### qualified trust service providers issuing qualified certificates shall register in their certificate database the revocation of the certificate within ten minutes after such revocation has taken effect . ### qualified trust service providers issuing qualified certificates shall register the revocation of the certificate in their certificate database on the same working day that such revocation has taken effect , and if such revocation has taken effect on a weekend or public holiday , on the next working day .


### the commission may , by means of implementing acts , establish reference numbers of standards for trustworthy systems and products . compliance with the requirements laid down in article 19 shall be presumed where trustworthy systems and products meet those standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union . ### the commission may , by means of implementing acts , establish reference numbers of standards for trustworthy systems and products . the commission shall ensure , that stakeholder input is duly considered , preferably in form of an impact assessment , when defining standards to be used for the purpose of this regulation . compliance with the requirements laid down in article 19 shall be presumed where trustworthy systems and products meet those standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union .


### bear the risk of liability for damages by maintaining sufficient financial resources or by an appropriate liability insurance scheme ; ### with regard to the risk of liability for damages as referred to in article 8 , maintain sufficient financial resources or obtain appropriate liability insurance ;


### before entering into a contractual relationship , inform any person seeking to use a qualified trust service of the precise terms and conditions regarding the use of that service ; ### before entering into a contractual relationship , inform any person seeking to use a qualified trust service of the terms and conditions regarding the use of that service , including any limitation on its use ;


### use trustworthy systems to store data provided to them , in a verifiable form so that : – they are publicly available for retrieval only where the consent of the person to whom the data has been issued has been obtained , – only authorised persons can make entries and changes , – information can be checked for authenticity ; ### use trustworthy systems to store data provided to them , in a verifiable form so that : - they are publicly available for retrieval only where the consent of the person to whom the data relates has been obtained , - only authorised persons can make entries and changes to the stored data , - the data can be checked for authenticity ;


### take measures against forgery and theft of data ; ### take appropriate measures against forgery and theft of data ;


### an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form . ### an electronic signature shall have legal effect and may be admissible as evidence in legal proceedings . it shall be taken into account that the qualified electronic signature offers a higher level of security than other types of electronic signatures .


### if an electronic seal security assurance level below the qualified electronic seal is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic seals matching at a minimum the same security assurance level shall be accepted . ### if an electronic seal security level below the qualified electronic seal is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic seals matching at a minimum the same security assurance level shall be accepted for access to that online service .


### qualified electronic signature creation devices may be certified by appropriate public or private bodies designated by member states provided that they have been submitted to a security evaluation process carried out in accordance with one of the standards for the security assessment of information technology products included in a list that shall be established by the commission by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union . ### qualified electronic signature creation devices must be certified by public or private certification bodies designated by member states following a security evaluation process carried out in accordance with one of the standards for the security assessment of information technology products included in a list that shall be established by the commission by means of implementing acts . the commission shall ensure , that stakeholder input is duly considered , preferably in form of an impact assessment , when defining standards to be used for the purpose of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union .


### the commission shall be empowered to adopt delegated acts in accordance with article 38 concerning the establishment of specific criteria to be met by the designated bodies referred to in paragraph 1 . ### the commission shall be empowered to adopt delegated acts in accordance with article 38 concerning the establishment of specific criteria to be met by the designated bodies referred to in paragraph 1 for the purpose of carrying out the certification under paragraph 1 .


### a qualified electronic seal shall enjoy the legal presumption of ensuring the origin and integrity of the data to which it is linked . ### a valid qualified electronic seal shall serve at least as prima facie evidence for the authenticity and integrity of the electronic document associated with it . this shall be without prejudice to national provisions on power of attorney and representation .


### article 22 shall apply mutatis mutandis to requirements for qualified electronic seal creation devices . ### article 22 shall apply mutatis mutandis to requirements for qualified electronic seal and / or stamp creation devices .


### article 23 shall apply mutatis mutandis to the certification of qualified electronic seal creation devices . ### article 23 shall apply mutatis mutandis to the certification of qualified electronic seal and / or stamp creation devices .


### article 24 shall apply mutatis mutandis to the publication of a list of certified qualified electronic seal creation devices . ### article 24 shall apply mutatis mutandis to the publication of a list of certified qualified electronic seal and / or stamp creation devices .


### articles 25 , 26 and 27 shall apply mutatis mutandis to the validation and preservation of qualified electronic seals . ### articles 25 , 26 and 27 shall apply mutatis mutandis to the validation and preservation of qualified electronic seals and / or stamps .


### qualified electronic time stamp shall enjoy a legal presumption of ensuring the time it indicates and the integrity of the data to which the time is bound . ### a qualified electronic time stamp shall constitute at least prima facie evidence of the correctness of the time it indicates and the integrity of the document with which it is associated .


### a document bearing a qualified electronic signature or a qualified electronic seal of the person who is competent to issue the relevant document , shall enjoy legal presumption of its authenticity and integrity provided the document does not contain any dynamic features capable of automatically changing the document . ### a document bearing a qualified electronic signature or a qualified electronic seal , shall have the equivalent legal effect of a paper document bearing a handwritten signature or a physical seal , where this exists under national law , provided the document does not contain any dynamic features capable of automatically changing the document .


### data sent or received using an electronic delivery service shall be admissible as evidence in legal proceedings with regard to the integrity of the data and the certainty of the date and time at which the data were sent to or received by a specified addressee . ### data sent or received using an electronic delivery service shall be admissible as evidence in legal proceedings .


### data sent or received using a qualified electronic delivery service shall enjoy legal presumption of the integrity of the data and the accuracy of the date and time of sending or receiving the data indicated by the qualified electronic delivery system . ### data sent or received using a qualified electronic delivery service shall constitute at least prima facie evidence of the authenticity of the data and the correctness of the date and time of sending or receiving the data indicated by the qualified electronic delivery system .


### a delegated act adopted pursuant to articles 8 , 13 , 15 , 16 , 18 , 20 , 21 , 23 , 25 , 27 , 28 , 29 , 30 , 31 , 35 and 37 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 8 , 16 , 23 , 25 , 27 , 29 , 30 , 31 and 37 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . ### as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . the commission may not adopt a delegated act subject to this regulation without prior consultation of industry and relevant stakeholders .


### where reference is made to this paragraph , article 5 of regulation 182 / 2011 shall apply . ### where reference is made to this paragraph , article 4 of regulation 182 / 2011 shall apply .


### the commission shall report to the european parliament and to the council on the application of this regulation . the first report shall be submitted no later than four years after the entry into force of this regulation . subsequent reports shall be submitted every four years thereafter . ### the commission shall report to the european parliament and to the council on the application of this regulation , in particular with a view to reaching the aim of the regulation to develop the digital single market by strengthening confidence and trust in secure cross - border electronic transactions . the report shall take account of , amongst others , market developments as well as legal and technological developments . it shall further be accompanied by appropriate legislative proposals if necessary . the first report shall be submitted no later than two years after the entry into force of this regulation . subsequent reports shall be submitted every four years thereafter .


### electronic seal validation data which correspond to the electronic seal creation data ; ### a set of data unambiguously representing the legal person to whom the certificate is issued , including at least name and registration number as stated in the official records ;


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - european broadband : investing in digitally driven growth concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks . public support for this area is therefore necessary , but should not unduly distort competition . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - european broadband : investing in digitally driven growth concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks . public support for this area is therefore necessary , particularly in rural areas , but should not unduly distort competition .


### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds . action at union level is necessary to maximise the synergies and interactions between those two components of digital telecommunications networks . ### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the comprehensive deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds . action at union level is necessary to maximise the synergies and interactions between those two components of digital telecommunications networks .


### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds . action at union level is necessary to maximise the synergies and interactions between those two components of digital telecommunications networks . ### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds . action at union level is necessary to maximise the synergies and interactions between those two components of digital telecommunications networks particularly given the increasing number of mobile devices connected to the internet , such as smart phones and tablets .


### increasing and preserving access to europe ' s rich and diverse cultural content and data held by public sector bodies , and opening them up for reuse in full respect of copyright and related rights , will nurture creativity and spur innovation and entrepreneurship . unhampered access to re - usable multilingual resources will help overcome language barriers , which undermine the internal market for online services and limit access to knowledge . ### increasing and preserving access to europe ' s rich and diverse cultural content and data held by public sector bodies , and opening them up for reuse in full respect of copyright and related rights , will nurture creativity and spur innovation and entrepreneurship . unhampered access to re - usable multilingual resources will help overcome language barriers , which undermine the internal market for online services and limit access to knowledge . it must , however , remain possible for national , regional and local decision - makers to decide for themselves on the use of their information and to cover a large part of their costs arising from the performance of their public duties .


### in order to take into account the developments in the areas of information and communication technologies , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the annex to this regulation . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the objective of this delegation is to address new technological and market developments , emerging political priorities or opportunities for exploiting synergies between different infrastructures , including those in the fields of transport and energy . the scope of delegation is limited to modifying the description of projects of common interest , adding a project of common interest or removing an obsolete project of common interest according to pre - established , clear and transparent criteria . ### in order to take into account the developments in the areas of information and communication technologies , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the annex to this regulation . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level and at regional and local level . the objective of this delegation is to address new technological and market developments , emerging political priorities or opportunities for exploiting synergies between different infrastructures , including those in the fields of transport and energy . the scope of delegation is limited to modifying the description of projects of common interest , adding a project of common interest or removing an obsolete project of common interest according to pre - established , clear and transparent criteria .


### contribute to economic growth and support the development of the single market resulting in the improvement of the competitiveness of the european economy , including small and medium sized enterprises . ### contribute to economic growth and support the development of the single market , and promote the digital integration of entire economically and culturally deprived areas , resulting in the improvement of the competitiveness of the european economy , including small and medium sized enterprises .


### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks . ### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks at affordable prices .


### stimulate europe - wide deployment of fast and ultra - fast broadband networks which , in turn , shall facilitate the development and deployment of trans - european digital services . ### stimulate europe - wide deployment of fast and ultra - fast broadband networks , in accordance with the principle of technological neutrality , which , in turn , shall facilitate the development and deployment of trans - european digital services .


### stimulate the europe - wide deployment of fast and ultra - fast broadband networks which , in turn , shall facilitate the development and deployment of trans - european digital services . ### stimulate the europe - wide deployment of fast and ultra - fast broadband networks , focusing particularly on rural and sparsely populated areas , which , in turn , shall facilitate the development and deployment of trans - european digital services .


### the deployment of ultra fast broadband networks ensuring the speed of data transmission of 100 mbps and above ; ### the comprehensive deployment of ultra fast broadband networks ensuring the speed of data transmission of 100&#160 ; mbps and above ;


### the deployment of broadband networks to link island , landlocked and peripheral regions with the central regions of the union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 mbps and above ; ### the deployment of broadband networks , particularly ‘ access networks’ , to link island , landlocked and peripheral regions with the central regions of the union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 mbps and above ;


### draft by the court of justice ### - 1 . the following paragraph shall be added to article 9 : ' the court of justice shall include at least one judge but not more than two judges per member state '


### draft by the court of justice ### in article 35 the following sub - paragraph is added : ‘ where a judge has declared , in the deliberations of the court of justice , that he disagrees with the judgment to be delivered or the reasons on which that judgment is based , he shall be entitled to deliver a dissenting opinion . that opinion shall be published together with the judgment . implementing rules relating to the admissibility , and the detailed procedure for the delivery , of such opinions shall be laid down in the rules of procedure . ’


### draft by the court of justice ### the following article 48a shall be inserted : ' article 48a the council shall draw up an asymmetrical rotation list for the appointment of the judges . at all times , there shall be two judges from each of the six most populous member states . the rotation list shall determine when each of the remaining member states is entitled to nominate a second judge . '


### fisheries targets were laid down in the decision by the conference of the parties to the convention on biological diversity on the strategic plan for biodiversity 2011 – 2020 , and the common fisheries policy should ensure coherence with the biodiversity targets adopted by the european council and the targets of commission communication ' our life insurance , our natural capital : an eu biodiversity strategy to 2020 ' , in particular to achieve maximum sustainable yield by 2015 . ### fisheries targets were laid down in the decision by the conference of the parties to the convention on biological diversity on the strategic plan for biodiversity 2011–2020 , and the common fisheries policy should ensure coherence with the biodiversity targets adopted by the european council and the targets of commission communication ‘ our life insurance , our natural capital : an eu biodiversity strategy to 2020’ , in particular to achieve maximum sustainable yield .


### the common fisheries policy shall ensure that fishing and aquaculture activities provide long - term sustainable environmental , economic and social conditions and contribute to the availability of food supplies . ### the common fisheries policy will ensure a level of exploitation of live aquatic resources that facilitates fishing and aquaculture in sustainable environmental , economic and social conditions , promoting competitiveness in the sector , as well as social protection and an improvement in the employment and quality of life in fishing and aquacultural zones .


### the common fisheries policy shall apply the precautionary approach to fisheries management , and shall aim to ensure , by 2015 , that exploitation of living marine biological resources restores and maintains populations of harvested species above levels capable of producing the maximum sustainable yield . ### the common fisheries policy shall apply the precautionary approach to fisheries management , and shall aim to maintain or restore populations of harvested species to levels capable of producing the maximum sustainable yield by 2020 .


### contribute to a fair standard of living for those who depend on fishing activities ; ### contribute to a fair standard of living for those who depend on fishing activities , taking into account the difficulties arising from economic , social and geographic constraints , such as insularity and being in the outermost regions .


### establishment of measures in accordance with the best available scientific advice ; ### establishment of measures in accordance with the best available scientific advice , providing , where necessary , for a gradual approach , as well as transitional periods .


### broad involvement of stakeholders at all stages from conception to implementation of the measures ; ### broad involvement of stakeholders , especially through the advisory councils , at all stages from conception to implementation of the measures ;


### multiannual plans providing for conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority . ### multiannual plans providing for conservation measures to maintain or restore fish stocks to levels capable of producing maximum sustainable yield shall be established as a priority .


### conservation measures adopted in accordance with multiannual plans ### conservation measures and technical measures developed at a regional level


### in a multiannual plan established pursuant to articles 9 , 10 and 11 , member states may be authorised to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities . ### with a view to establishing or implementing the multiannual plans established pursuant to articles&#160 ; 9 , 10 and 11 , member states which have a direct interest in the relevant fishery shall participate , in close collaboration with the advisory councils , in developing technical measures or conservation measures adapted to the specificities of each fishery .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify the conservation measures for fisheries covered by a multiannual plan , if the member states authorised to take measures in accordance with article 17 do not notify such measures to the commission within three months after the date of entry into force of the multiannual plan . ### the commission shall be empowered to adopt delegated acts in accordance with article&#160 ; 55 to specify the conservation measures for fisheries covered by a multiannual plan , taking into account the proposals of the regional advisory councils , if the member states authorised to take measures in accordance with article&#160 ; 17 do not notify such measures to the commission within a period to be determined in each multiannual plan .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify conservation measures for fisheries covered by a multiannual plan , if : ### the commission shall be empowered to adopt , taking into account the proposals of the regional advisory councils , delegated acts in accordance with article 55 to specify conservation measures for fisheries covered by a multiannual plan , if :


### the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify the technical measures covered by a technical measures framework , if the member states authorised to take measures in accordance with article 21 do not notify such measures to the commission within three months after the date of entry into force of the technical measures framework . ### the commission shall be empowered to adopt delegated acts in accordance with article&#160 ; 55 to specify the technical measures covered by a technical measures framework , taking into account the proposals of the regional advisory councils , if the member states authorised to take measures in accordance with article&#160 ; 21 do not notify such measures to the commission within three months after the date of entry into force of the technical measures framework .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify technical measures , if member state measures are deemed on the basis of an assessment carried out pursuant to article 23 : ### the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify technical measures , taking into account the proposals of the regional advisory councils , if member state measures are deemed on the basis of an assessment carried out pursuant to article 23 :


### the commission and , where relevant , the member state concerned , shall reply within a reasonable time period to any recommendation , suggestion or information received pursuant to paragraph 1 . ### the commission and , where relevant , the member state concerned , shall reply within a reasonable time period to any recommendation , suggestion or information received pursuant to paragraph 1 , taking into account the recommendations of the regional advisory councils in the making of decisions .


### advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . ### advisory councils shall be mainly composed of organisations representing the fisheries operators and shall also include other interest groups affected by the common fisheries policy .


### a fully functioning single market depends on modern , highly performing infrastructure connecting europe particularly in the areas of transport , energy and telecommunications . these growth enhancing connections would provide better access to the internal market and consequently contribute to a more competitive market economy in line with europe 2020 strategy ' s objectives and targets . ### a fully functioning single market depends on modern , highly performing infrastructure connecting europe and its regions , particularly in the areas of transport , energy and telecommunications . these growth enhancing connections would provide better access to the internal market and consequently contribute to a more competitive market economy in line with europe 2020 strategy ' s objectives and targets .


### the commission has committed to mainstream climate change into union spending programmes and to direct at least 20% of the union budget to climate - related objectives . it is important to ensure that climate change mitigation and adaptation as well as risk prevention and management are promoted in the preparation , design and implementation of projects of common interest . infrastructure investments covered by this regulation should contribute to promoting the transition to a low - carbon and climate - and disaster - resilient economy and society . ### the commission has committed to mainstream climate change into union spending programmes and to direct at least 20% of the union budget to climate - related objectives . it is important to ensure that climate change mitigation and adaptation as well as risk prevention and management are promoted in the preparation , design and implementation of projects of common interest . infrastructure investments covered by this regulation should contribute to promoting the transition to a low - carbon and climate - and disaster - resilient economy and society , without increasing the isolation of certain european regions , such as the outermost and island regions .


### based on an analysis of the transport infrastructure plans of member states , the commission estimates that investment needs in transport amount to eur 500 billion in the entirety of the ten - t network for the period 2014 - 2020 , of which an estimated eur 250 billion will need to be invested in the core network of the ten - t . given the resources available at union level , concentration on the projects with the highest european added value is necessary to achieve the desired impact . support should therefore be focussed on the core network and on the projects of common interest in the field of traffic management systems . ### based on an analysis of the transport infrastructure plans of member states , the commission estimates that investment needs in transport amount to eur 500 billion in the entirety of the ten - t network for the period 2014 - 2020 , of which an estimated eur 250 billion will need to be invested in the core network of the ten - t . given the resources available at union level , concentration on the projects with the highest european added value is necessary to achieve the desired impact . support should therefore be focussed on the core network , without excluding support for the comprehensive network , and on the projects of common interest in the field of traffic management systems .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund respecting national allocations for the projects listed in the annex of this regulation . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund .


### the connecting europe facility should propose financial instruments to promote substantial participation by the private sector investors and financial institutions in infrastructure investment . to be sufficiently attractive to the private sector , financial instruments should be designed and implemented with due regard to simplification and reduction of administrative burden , while with a level of flexibility in mind to be able to respond to identified financing needs in a flexible manner . the design of these instruments should draw from the experience gained in the implementation of financial instruments in the 2007 - 2013 multi - annual financial framework , such as the loan guarantee instrument for ten - t projects , the risk sharing finance facility and the 2020 european fund for energy , climate change , and infrastructure . ### the connecting europe facility should propose financial instruments to promote substantial participation by the private sector investors and financial institutions in infrastructure investment . to be sufficiently attractive to the private sector , financial instruments should be designed and implemented with due regard to simplification and reduction of administrative burden , while with a level of flexibility in mind to be able to respond to identified financing needs in a flexible manner . the responsible management authorities shall create the necessary incentives for attracting private investors . the design of these instruments should draw from the experience gained in the implementation of financial instruments in the 2007 - 2013 multi - annual financial framework , such as the loan guarantee instrument for ten - t projects , the risk sharing finance facility and the 2020 european fund for energy , climate change , and infrastructure .


### the connecting europe facility shall enable the preparation and implementation of projects of common interest within the framework of the trans - european networks policy in the sectors of energy , transport and telecommunications . in particular the connecting europe facility shall support the implementation of projects aiming at the development and construction of new or upgrading of existing infrastructure in the field of transport , energy and telecommunications . to this end , the connecting europe facility shall pursue the following objectives : ### the connecting europe facility shall enable the preparation and implementation of projects of common interest within the framework of the trans - european networks policy in the sectors of energy , transport and telecommunications . in particular the connecting europe facility shall support the implementation of projects aiming at the development and construction of new or upgrading of existing infrastructure in the field of transport , energy and telecommunications and giving priority to missing infrastructure . to this end , the connecting europe facility shall pursue the following objectives :


### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . ### transport : contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . this objective should particularly focus on regions with natural and demographic disadvantages , such as the outermost regions ;


### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . ### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation and in conjunction with other financial resources .


### removing bottlenecks and bridging missing links , to be measured by the number of new and improved cross - border connections and removed bottlenecks on transport routes which have benefited from cef ; ### removing bottlenecks and bridging missing links , particularly in order to cover mountainous and island regions and regions with low population density , to be measured by the number of new and improved cross - border connections and removed bottlenecks on transport routes which have benefited from the cef ;


### promoting the further integration of the internal energy market and the interoperability of electricity and gas networks across borders , including by ensuring that no member state is isolated from the european network , to be measured by the number of projects effectively interconnecting member states ' networks and removing internal bottlenecks ; ### promoting the further integration of the internal energy market and the interoperability of electricity and gas networks across borders , including by ensuring that no member state is isolated from the european network , to be measured by the number of projects effectively interconnecting member states ' networks and removing internal bottlenecks by taking into account also the future sources of energy available in the member states ;


### removing bottlenecks and bridging missing links , to be measured by the number of new and improved cross - border connections and removed bottlenecks on transport routes which have benefited from cef ; ### removing bottlenecks and bridging missing links both within transport infrastructure and at the connecting points between them in the border crossing points , to be measured by the number of new and improved cross - border connections and removed bottlenecks on transport routes which have benefited from cef and by use of quotas and higher co - funding rates as referred to in article 10 of this regulation ;


### transport : eur 31 694 000 000 , out of which eur 10 000 000 000 shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; ### transport : eur 31 694 000 000 , of which eur 10 000 000 000 should be earmarked to finance transport projects on the transport core network in the member states eligible for the cohesion fund ;


### the financial envelope of the connecting europe facility may cover expenses pertaining to , preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives , in particular studies , meetings of experts , as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . ### the financial envelope of the connecting europe facility may cover expenses pertaining to , preparatory , monitoring , control , audit , evaluation activities and administrative costs which are required for the management of the programme and the achievement of its objectives , in particular studies , meetings of experts , as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme .


### actions implementing the core network according to chapter iii of regulation no xxxx / 2012 [ ten - t guidelines ] , including the deployment of new technologies and innovation according to article 39 of regulation no xxxx / 2012 [ ten - t guidelines ] ; ### actions implementing exclusively the core network according to chapter iii of regulation no xxxx / 2012 [ ten - t guidelines ] , including the deployment of new technologies and innovation according to article 39 of regulation no xxxx / 2012 [ ten - t guidelines ] ;


### proposals may be submitted by one or several member states , international organisations , joint undertakings , or public or private undertakings or bodies established in member states . ### proposals may be submitted by one or several member states , international organisations , joint undertakings , such as egtc , or public or private undertakings or bodies established in member states .


### rail and inland waterways : the amount of union financial aid shall not exceed 20% of the eligible cost ; the funding rate may be increased to 30% for actions addressing bottlenecks ; the funding rate may be increased to 40% for actions concerning cross - border sections ; ### rail and inland waterways : the amount of union financial aid shall not exceed 30% of the eligible cost ; the funding rate may be increased to 40% for actions addressing bottlenecks ; the funding rate may be increased to 50% for actions concerning cross - border sections ;


### inland transport connections to ports and airports , actions to reduce rail freight noise by retrofitting of existing rolling stock , as well as development of ports and multi - modal platforms : the amount of union financial aid shall not exceed 20% of the eligible cost . ### inland transport connections to ports and airports , actions to reduce rail freight noise by retrofitting of existing rolling stock , as well as development of ports in all regions and multi - modal platforms : the amount of union financial aid shall not exceed 20% of the eligible cost .


### inland transport connections to ports and airports , actions to reduce rail freight noise by retrofitting of existing rolling stock , as well as development of ports and multi - modal platforms : the amount of union financial aid shall not exceed 20% of the eligible cost . ### inland transport connections to ports and airports , actions to reduce rail freight noise by retrofitting of existing rolling stock , as well as development of ports and multi - modal platforms : the amount of union financial aid shall not exceed 30% of the eligible cost .


### co - financing rates mentioned above may be increased by up to 10 percentage points for actions having cross - sector synergies , reaching climate mitigation objectives , enhancing climate resilience or reducing the greenhouse gas emissions . this increase should not apply to co - financing rates referred to in article 11 . ### co - financing rates mentioned above may be increased by up to 10 percentage points for actions having cross - sector synergies , reaching climate mitigation objectives , enhancing climate resilience or reducing the greenhouse gas emissions and in the case of investments in areas with natural disadvantages , such as the outermost regions , in line with articles 355 and 375 tfeu . this increase should not apply to co - financing rates referred to in article 11 .


### by the way of derogation from article 10 , and as regards the eur 10 000 000 000 transferred from the cohesion fund [ regulation xxx article xx ] to be spent in member states eligible for funding from the cohesion fund , the maximum funding rates shall be those applicable to the cohesion fund referred to in article 22 and article 110 . 3 of regulation no xxx2012 [ regulation laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund covered by the common strategic framework and laying down general provisions on the european regional development fund , the european social fund and the cohesion fund and repealing regulation no 1083 / 2006 ] for the following actions : ### by the way of derogation from article 10 , and as regards the eur xxx transferred from the cohesion fund [ regulation xxx article xx ] to be spent in member states eligible for funding from the cohesion fund , the maximum funding rates shall be those applicable to the cohesion fund referred to in article 22 and article 110 . 3 of regulation no xxx2012 [ regulation laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund covered by the common strategic framework and laying down general provisions on the european regional development fund , the european social fund and the cohesion fund and repealing regulation no 1083 / 2006 ] for the following actions :


### rail and inland waterways ; ### rail and inland waterways and motorways of the sea :


### before the commission takes any of the decisions provided for in paragraphs 1 , 2 and 3 , it shall examine the case at hand and inform the beneficiaries concerned so that they may present their observations within a given timeframe . ### before the commission takes any of the decisions provided for in paragraphs 1 , 2 and 3 , it shall examine the case at hand and inform the beneficiaries concerned so that they may present their observations within a minimum of three months .


### the power to adopt delegated acts referred to in article 20 shall be conferred on the commission for an indeterminate period from the date of entry into force of this regulation . ### the delegations of power referred to in article 20 shall be conferred on the commission for a period of 3 years from . . . * . the commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the three - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than 3 months before the end of each period . _________________ * oj : please insert the date of entry into force of this regulation .


### a delegated act adopted pursuant to article 20 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 20 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of 3 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 3 months at the initiative of the european parliament or of the council .


### no later than mid - 2018 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor measures . ### no later than mid - 2016 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth , including impact on economic , social and territorial cohesion . it shall take into account evaluation results on the long - term impact of the predecessor measures .


### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool ### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück –rheine - twente / mittellandkanal - enschede – hengelo - utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool inland waterway : feasibility study for the connection between the mittellandcanal and the twentecanal


### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool ### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – west - german canals , mittellandkanal – osnabrück – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool pre - identified sections : west - german canals , mittellandkanal , hannover – magdeburg - berlin mode : iww description / dates : upgrading incl . links to the other modes


### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool ### ua border – lublin – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool


### this directive lays down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . ### this directive lays down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of risk prevention , the investigation , detection or prosecution of criminal offences and the execution of criminal penalties .


### this directive applies to the processing of personal data wholly or partly by automated means , and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system . ### this directive applies to the processing of personal data wholly or partly by automated means , and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system . the directive shall not apply if the personal data are stored , or are intended to be stored , in paper files or sets of files .


### ' competent authorities’ means any public authority competent for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; ### ) ' competent authorities’ means any public authority competent for risk prevention , the investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the european union institutions , bodies , offices and agencies ;


### ' restriction of processing ' means the marking of stored personal data with the aim of limiting their processing in the future ; ### ‘ blocking’ means the marking of stored personal data with the aim of limiting their processing in the future ;


### ' competent authorities’ means any public authority competent for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; ### ' competent authorities’ means any public authority competent , in accordance with the corresponding legislation in each member state , for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ;


### processed fairly and lawfully ; ### processed lawfully , fairly and in a transparent and verifiable manner in relation to the data subject ;


### collected for specified , explicit and legitimate purposes and not further processed in a way incompatible with those purposes ; ### collected for specified , explicit and legitimate purposes and not further used for a different purpose , even where it is compatible , unless provided for by law ;


### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ; ### accurate , subject to regular quality verification and , where necessary , kept up to date ; every step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ;


### the processing is necessary to protect the vital interests of the data subject or of another person ; or ### the processing relates to data which are manifestly made public by the data subject .


### member states may adopt legislative measures restricting , wholly or partly , the data subject ' s right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned : ### member states may adopt legislative measures restricting , wholly or partly , depending on the individual case , the data subject ' s right of access to the extent and for the period that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned :


### member states may adopt legislative measures restricting , wholly or partly , the data subject ' s right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned : ### member states may adopt legislative measures restricting , wholly or partly , depending on the individual case , the data subject ' s right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned :


### to protect the rights and freedoms of others . ### to protect the rights and freedoms of third parties .


### member states shall ensure that the controller documents the grounds for omitting the communication of the factual or legal reasons on which the decision is based . ### member states shall ensure that the controller documents , on a case - by - case basis , the grounds for restricting the communication of the factual or legal reasons on which the decision is based . that information shall be made available to the national supervisory authorities in the event of a complaint .


### the personal data have to be maintained for purposes of proof ; ### the personal data have to be maintained for purposes of proof or of preventing or detecting criminal offences ;


### member states shall provide that where a processing operation is carried out on behalf of a controller , the controller must choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of the provisions adopted pursuant to this directive and ensure the protection of the rights of the data subject . ### member states shall provide that where a processing operation is carried out on behalf of a controller , the controller must choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of the provisions adopted pursuant to this directive and ensure the protection of the rights of the data subject . responsibility for ensuring that these conditions are met shall rest with the controller .


### member states shall provide that the controller and the processor shall co - operate , on request , with the supervisory authority in the performance of its duties , in particular by providing all information necessary for the supervisory authority to perform its duties . ### the controller and the processor shall work , on request , with the supervisory authority in the performance of its duties , on the basis of section 2 of chapter vi of this directive .


### member states shall ensure that the controller or the processor consults the supervisory authority prior to the processing of personal data which will form part of a new filing system to be created where : ### member states shall ensure that the controller consults the supervisory authority prior to the processing of personal data which will form part of a new filing system to be created where :


### member states shall provide that in the case of a personal data breach , the controller notifies , without undue delay and , where feasible , not later than 24 hours after having become aware of it , the personal data breach to the supervisory authority . the controller shall provide , on request , to the supervisory authority a reasoned justification in cases where the notification is not made within 24 hours . ### member states shall provide that in the case of a personal data breach , the controller notifies , without undue delay and after having become aware of it , the personal data breach to the supervisory authority . for the most serious breaches , member states shall provide that the controller notifies the breach to the supervisory authority not later than 24 hours after having become aware of it .


### member states shall provide that the controller or the processor designates a data protection officer . ### member states shall provide that the controller designates a data protection officer . that obligation shall be extended to processors where their intervention is such as to justify the designation of a data protection officer .


### member states shall provide that a transfer of personal data to a third country or an international organisation may take place where the commission has decided in accordance with article 41 of regulation &#8230 ; . / 2012 or in accordance with paragraph 3 of this article that the third country or a territory or a processing sector within that third country , or the international organisation in question ensures an adequate level of protection . such transfer shall not require any further authorisation . ### member states shall provide that a transfer of personal data to a third country or an international organisation may take place where the commission has decided in accordance with article 41 of regulation &#8230 ; . / 2012 or in accordance with paragraph 3 of this article that the third country or a territory or a processing sector within that third country , or the international organisation in question ensures an adequate level of protection . such transfer shall not require any further authorisation . international treaties and agreements between the eu or one of its member states and a third country or international organisation shall be deemed to be evidence for an appropriate level of protection within the meaning of this article .


### hears complaints lodged by any data subject , or by an association representing and duly mandated by that data subject in accordance with article 50 , investigates , to the extent appropriate , the matter and informs the data subject the association of the progress and the outcome of the complaint within a reasonable period , in particular where further investigation or coordination with another supervisory authority is necessary ; ### hears complaints lodged by any data subject , investigates , to the extent appropriate , the matter and informs the data subject of the progress and the outcome of the complaint within a reasonable period , in particular where further investigation or coordination with another supervisory authority is necessary ;


### is consulted by member state institutions and bodies on legislative and administrative measures relating to the protection of individuals ' rights and freedoms with regard to the processing of personal data ; ### may be consulted by member state institutions and bodies on legislative and administrative measures relating to the protection of individuals ' rights and freedoms with regard to the processing of personal data ;


### each supervisory authority shall promote the awareness of the public on risks , rules , safeguards and rights in relation to the processing of personal data . activities addressed specifically to children shall receive specific attention . ### each supervisory authority shall promote within the limits of the tasks and powers conferred on it and the constraints of national law , the awareness of the public on risks , rules , safeguards and rights in relation to the processing of personal data . activities addressed specifically to children shall receive specific attention . activities addressed specifically to children shall receive specific attention .