### online filing by companies ### online filing of documents and information by companies


### all documents and information referred to in article 14 , irrespective of the means through which they are filed , shall be kept in the file in the register or entered directly into it in electronic form . member states shall ensure that all such documents and information which are filed by paper means are converted by the register to electronic form . ### all documents and information referred to in article 14 , irrespective of the means through which they are filed , shall be kept in the file in the register or entered directly into it in electronic form . member states shall ensure that all such documents and information which are filed by paper means are converted by the register to electronic form as quickly as possible .


### the legal status of the company , such as when it is closed , struck off the register , wound up , dissolved , economically active or inactive as defined in national law and where available in the national registers ; ### the legal status of the company , such as when it is closed , struck off the register , dissolved , under an insolvency procedure , economically active or inactive as defined in national law and where available in the national registers ;


### the fees charged for obtaining documents and information referred to in article 14 through the system of interconnection of registers shall not exceed the administrative costs thereof . ### the fees charged for obtaining documents and information or copies thereof referred to in article 14 through the system of interconnection of registers , whether by paper or electronic means , shall not exceed the administrative costs thereof .


### the legal status of the company , such as when it is closed , struck off the register , wound up , dissolved , economically active or inactive as defined in national law and where available in the national registers ; ### the legal status of the company , such as when it is closed , struck off the register , wound up , dissolved , under the insolvency proceedings , economically active or inactive as defined in national law and where available in the national registers ;


### member states shall ensure that documents and information , referred to in article 30 or any modification thereof , may be filed online within the period provided by the laws of the member state where the branch is established . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant or its representative to appear in person before any competent authority or before any other person dealing with the online filing , subject to the proviso laid down in article 13b . ### member states shall ensure that documents and information , referred to in article 30 or any modification thereof , may be filed online within the period provided by the laws of the member state where the branch is established . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant , or his representative to appear in person before any competent authority or before any other person or body dealing with the online filing , subject to the proviso laid down in article 13b . national legal provisions on the genuineness , accuracy and form of the documents and information submitted shall remain unaffected .


### online filing for branches ### online filing of documents and information for branches


### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied against counter - performance other than money , for instance by giving access to personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user actively provides personal data , such as name or email address , or other data directly or indirectly to the provider . it should also encompass situations where the provider collects information without the end - user actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . _________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 . ### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied to the end - user against counter - performance other than money , in particular against the provision of personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user consciously provides personal data as defined in article 4 of regulation 2016 / 679 or other data directly or indirectly to the provider . it should also encompass situations where the end - user allows access to information without actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . _________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 .


### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning service for reporting missing children is actually available in their territories under the number ‘ 116000’ ### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning and child - friendly service for reporting missing children is actually available in their territories under the number ‘ 116000’ , also a helpline for children in need of care and protection under the number ' 116111 ' .


### the missing children hotline number ### the missing children and child helpline hotlines


### member states shall ensure that citizens have access to a service operating a hotline to report cases of missing children . the hotline shall be available on the number ' 116000 ' . ### member states shall ensure that citizens have access to a service operating a missing children hotline . the hotline shall be child - friendly , available on the number ' 116000 ' .


### member states shall ensure that disabled end - users are able to access services provided under the number ‘ 116000’ to the greatest extent possible . measures taken to facilitate disabled end - users ' access to such services whilst travelling in other member states shall be based on compliance with relevant standards or specifications published in accordance with article 39 . ### member states shall ensure that children and disabled end - users are informed of the existence and use of and able to access services provided under the numbers 116000 and 116111 to the greatest extent possible . measures taken to facilitate broad end - user access to such services also whilst travelling in other member states shall be based on compliance with relevant standards or specifications published in accordance with article 39 .


### eu households are amongst the highest savers in the world , but the bulk of these savings are held in bank accounts with short maturities . more investment into capital markets can help meet the challenges posed by population ageing and low interest rates . ### eu households are amongst the highest savers in the world , but the bulk of these savings are held in bank accounts with short maturities and low returns . nonetheless , household saving rates differ significantly among eu countries and persistent differences among eu member states may have an impact on investment and growth as household saving is an important financing source for private and public investment . more investment into capital markets can help meet the challenges posed by population ageing , low interest rates and low levels of investment in the long - term .


### currently , the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products . this can result in difficulties for individuals to make use of their basic freedoms . for instance , they may be prevented from taking up a job or retiring in another member state . in addition , the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products . ### currently , the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products . this can result in difficulties for individuals to make use of their basic freedoms . for instance , they may be prevented from searching for or taking up a job in or retiring to another member state . in addition , the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products .


### currently , the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products . this can result in difficulties for individuals to make use of their basic freedoms . for instance , they may be prevented from taking up a job or retiring in another member state . in addition , the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products . ### currently , the internal market for personal pensions does not function smoothly . in some member states there is not yet a market for pension products . in others , private pension products are available , but there is a high degree of fragmentation between national markets . as a result , personal pension products have only a limited degree of portability . this can result in difficulties for individuals to make use of their basic freedoms . for instance , they may be prevented from taking up a job or retiring in another member state . in addition , the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products .


### among personal pension products , the development of a pepp will contribute to increasing choices for retirement saving and establish an eu market for pepp providers . it will provide households with better options to meet their retirement goals . ### among personal pension products , the development of a pepp will contribute to increasing choices for retirement saving and establish an eu market for pepp providers . it should provide households with well regulated , safe , socially responsible and sustainable better options to meet their retirement goals , taking due account of their needs and preferences .


### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing pension products and schemes , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , addressing the demographical challenge and providing a powerful new source of private capital for long - term investment . this framework will not replace or harmonise existing national personal pension schemes . ### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . the pepp will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , and assist in addressing the demographical challenge and existing pension gaps , by providing a powerful new source of private capital for long - term and sustainable investment , including social investment . this framework will not replace or harmonise existing national personal products or occupational pension schemes .


### in order to allow a smooth transition for pepp providers , the obligation of providing pepps comprising compartments for each member state will apply three years after the entry into force of this regulation . however , upon launching a pepp , the provider should provide information on which national compartments are immediately available , in order to avoid a possible misleading of consumers . ### in order to allow a smooth transition for pepp providers , the obligation of providing pepps comprising compartments for each member state will apply five years after the entry into force of this regulation . pepp providers should be able to enter into compartment partnerships if they are to fulfil this requirement . however , upon launching a pepp , the provider should provide , in the contract , information on which national compartments are immediately available , in order to avoid a possible misleading of consumers . where portability is not yet available , the pepp saver should be allowed to switch free of charge to ensure portability .


### taking into account the nature of the pension scheme established and the administrative burden involved , pepp providers and distributors should provide clear and adequate information to potential pepp savers and pepp beneficiaries to support their decision - making about their retirement . for the same reason , pepp providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership and post - retirement . in particular , information concerning accrued pension entitlements , projected levels of retirement benefits , risks and guarantees , and costs should be given . where projected levels of retirement benefits are based on economic scenarios , that information should also include an unfavourable scenario , which should be extreme but plausible . ### taking into account the nature of the pension scheme established and the administrative burden involved , pepp providers and distributors should provide clear and adequate information to potential pepp savers and pepp beneficiaries to support their decision - making about their retirement . for the same reason , pepp providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership and post - retirement . in particular , information concerning accrued pension entitlements , projected levels of retirement benefits , risks and guarantees , costs and the integration of environmental , social and governance factors should be given . projected levels of retirement benefits shall be based , inter alia , on economic scenarios , including an unfavourable scenario .


### taking into account the nature of the pension scheme established and the administrative burden involved , pepp providers and distributors should provide clear and adequate information to potential pepp savers and pepp beneficiaries to support their decision - making about their retirement . for the same reason , pepp providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership and post - retirement . in particular , information concerning accrued pension entitlements , projected levels of retirement benefits , risks and guarantees , and costs should be given . where projected levels of retirement benefits are based on economic scenarios , that information should also include an unfavourable scenario , which should be extreme but plausible . ### taking into account the nature of the pension scheme established and the administrative burden involved , pepp providers and distributors should provide clear , easy to understand , and adequate information to potential pepp savers and pepp beneficiaries to support their decision - making about their retirement . for the same reason , pepp providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership and post - retirement . in particular , information concerning accrued pension entitlements , projected levels of retirement benefits , risks and guarantees including risks relating to environmental , social and governance factors , and costs should be given . where projected levels of retirement benefits are based on economic scenarios , that information should also include an unfavourable scenario , which should be extreme but plausible .


### before joining a pepp scheme , potential pepp savers should be given all the necessary information to make an informed choice . ### before joining a pepp scheme , potential pepp savers should be given all the necessary information to make an informed choice through the provision of advice assessing their saving demands and needs .


### before joining a pepp scheme , potential pepp savers should be given all the necessary information to make an informed choice . ### before joining a pepp scheme , potential pepp savers should be given all the necessary information to make an informed choice . in the case of the default option , pepp savers should consult a decision tree to help them make such a choice .


### pension product calculators are already being developed at national level . however , in order for the calculators to be as useful as possible to consumers , they should cover the costs and fees charged by the various pepp manufacturers , together with any further costs or fees charged by intermediaries or other parts of the investment chain not already included by the pepp manufacturers . ### pension product calculators are already being developed at national level . however , in order for the calculators to be as useful as possible to consumers , they should cover the costs and fees charged by the various pepp providers , together with any further costs or fees charged by intermediaries or other parts of the investment chain not already included by the pepp providers .


### pepp providers should draw up a pension benefit statement addressed to pepp savers , in order to present them with key personal and generic data about the pepp scheme and to ensure continuous information on it . the pension benefit statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility . ### pepp providers should draw up a pension benefit statement addressed to pepp savers , in order to present them with key personal and generic data about the pepp scheme and to ensure continuous information on it . the pension benefit statement should also be addressed to pepp beneficiaries if agreed upon by the pepp saver . the pension benefit statement should be clear , updated , simple and comprehensive and should contain relevant and appropriate information to facilitate the understanding of supplementary pension entitlements over time and across schemes and serve labour mobility .


### by setting the prudent person rule as the underlying principle for capital investment and making it possible for pepp providers to operate across borders , the redirection of savings into the sector of personal retirement provision is encouraged , thereby contributing to economic and social progress . ### by setting the prudent person rule as the underlying principle for capital investment and making it possible for pepp providers to operate across borders , the redirection of savings into the sector of personal retirement provision is encouraged , thereby contributing to economic , social and environmental progress .


### in the context of deepening the cmu , the understanding of what constitutes instruments with a long - term economic profile is broad . such instruments are non - transferable securities and therefore do not have access to the liquidity of secondary markets . they often require fixed term commitments which restrict their marketability and should be understood to include participation and debt instruments in , and loans provided to , non - listed undertakings . non - listed undertakings include infrastructure projects , unlisted companies seeking growth , real estate or other assets that could be suitable for long term investment purposes . low carbon and climate resilient infrastructure projects are often non - listed assets and rely on long term credits for project financing . considering the long - term nature of their liabilities , pepp providers are encouraged to allocate a sufficient part of their asset portfolio to sustainable investments in the real economy with long - term economic benefits , in particular to infrastructure projects and corporates . ### in the context of deepening the cmu , the understanding of what constitutes instruments with a long - term economic profile is broad . such instruments are non - transferable securities and therefore do not have access to the liquidity of secondary markets . they often require fixed term commitments which restrict their marketability and should be understood to include participation and debt instruments in , and loans provided to , non - listed undertakings . non - listed undertakings include infrastructure projects , unlisted companies seeking growth , real estate or other assets that could be suitable for long term investment purposes . low carbon and climate resilient infrastructure projects are often non - listed assets and rely on long term credits for project financing . considering the long - term nature of their liabilities , pepp providers are encouraged to allocate a sufficient part of their asset portfolio to sustainable investments in the real economy with long - term economic , environmental and social benefits , in particular to infrastructure projects and corporates .


### environmental , social and governance factors , as referred to in the united nations - supported principles for responsible investment , are important for the investment policy and risk management systems of pepp providers . pepp providers should be encouraged to consider such factors in investment decisions and to take into account how they form part of their risk management system . ### environmental , social and governance factors , as referred to in the united nations - supported principles for responsible investment are important for the investment policy and risk management systems of pepp providers . the pepp provider should therefore take into consideration the potential environmental , social and governance consequences of capital investments . this risk assessment should also be made available to eiopa and to the competent authorities as well as to pepp savers . pepp providers should consider such factors in investment decisions and to take into account how they form part of their risk management system .


### environmental , social and governance factors , as referred to in the united nations - supported principles for responsible investment , are important for the investment policy and risk management systems of pepp providers . pepp providers should be encouraged to consider such factors in investment decisions and to take into account how they form part of their risk management system . ### environmental , social and governance factors , as referred to in the united nations - supported principles for responsible investment , are important for the investment policy and risk management systems of pepp providers . pepp providers should be encouraged to consider such factors in investment decisions and to take into account how they form part of their risk management system . this risk assessment should also be made available to eiopa and to the competent authorities as well as to pepp savers .


### in ensuring compliance with their obligation to develop an investment policy in accordance with the prudent person rule , pepp providers should be prevented to invest in high - risk and non - cooperative jurisdictions identified by the financial action task force . ### in ensuring compliance with their obligation to develop an investment policy in accordance with the prudent person rule , pepp providers should be prevented from engaging in aggressive tax avoidance strategies and investing in high - risk and non - cooperative jurisdictions identified by the financial action task force and the commission delegated regulation identifying high - risk third countries with strategic deficiencies and jurisdictions on the common eu list of third country jurisdictions for tax purposes .


### in view of the long - term retirement objective of the pepp , the investment options granted to the pepp savers should be framed , covering the elements which allow investors to make an investment decision , including the number of investment options they can choose from . after the initial choice made upon the subscription of a pepp , the pepp saver should have the possibility to modify this choice at reasonable intervals , so that sufficient stability is offered to providers for their long - term investment strategy whilst at the same time investor protection is ensured . ### in view of the long - term retirement objective of the pepp , the investment options offered to the pepp savers should be clearly outlined , covering the elements which will allow investors to align with their customer’s preferences and long - term needs , and to make an informed investment decision , including the number of investment options they can choose from . after the initial choice made upon the subscription of a pepp , the pepp saver should have the possibility to modify this choice at reasonable intervals , so that sufficient stability is offered to providers for their long - term investment strategy whilst at the same time investor protection is ensured .


### without prejudice to the right of pepp customers to bring action in the courts , easily accessible , adequate , independent , impartial , transparent and effective alternative dispute resolution procedures should be established between pepp providers or distributors and pepp customers for resolving disputes arising from the rights and obligations set out in this regulation . ### without prejudice to the right of pepp customers to bring action in the courts , easily accessible , adequate , independent , impartial , transparent and effective alternative dispute resolution procedures should be established between pepp providers or distributors and pepp customers and , where relevant , beneficiaries for resolving disputes arising from the rights and obligations set out in this regulation .


### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch providers during the accumulation and the decumulation phases , through a clear , quick and safe procedure . ### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch providers during the accumulation and the decumulation phases , through a clear , quick and safe procedure . in connection with the default option , this should be possible only during the accumulation phase because , for consumer protection reasons , the aim is to ensure reliable annuities and switching may have a negative financial impact .


### the switching process should be straightforward for the pepp saver . accordingly , the receiving pepp provider should be responsible for initiating and managing the process on behalf of the pepp saver . pepp providers should be able to use additional means , such as a technical solution , on a voluntary basis when establishing the switching service . ### the switching process should be straightforward for the pepp saver . accordingly , the receiving pepp provider should be responsible for initiating and managing the process on behalf of the pepp saver . pepp providers should be able to use additional means , such as a technical solution , on a voluntary basis when establishing the switching service . switching shall be provided free of charge in cases of limited portability , withdrawal of authorisation and upon request of the pepp saver .


### the switching process should be straightforward for the pepp saver . accordingly , the receiving pepp provider should be responsible for initiating and managing the process on behalf of the pepp saver . pepp providers should be able to use additional means , such as a technical solution , on a voluntary basis when establishing the switching service . ### the switching process should be straightforward for the pepp saver . accordingly , the receiving pepp provider should be responsible for initiating and managing the process on behalf of the pepp saver upon his request . pepp providers should be able to use additional means , such as a technical solution , on a voluntary basis when establishing the switching service .


### full transparency on costs and fees related to the investment in a pepp should be guaranteed . a level - playing field between providers would be established , whilst ensuring consumer protection . comparative information would be available between different products , thus incentivising competitive pricing . ### full transparency on costs and fees related to the investment in a pepp should be guaranteed . a level - playing field between providers would be established , whilst ensuring consumer protection . comparative information shall be available between different products , thus incentivising competitive pricing .


### following the launch of the pepp , member states are encouraged to take into consideration commission recommendation 2017 / … and to extend the benefits of the tax advantages they grant to national ppps also to the pepp . ### following the launch of the pepp , member states are strongly encouraged to take into consideration commission recommendation 2017 / … and to extend the benefits of the tax advantages they grant to national ppps also to the pepp .


### an evaluation of this regulation is to be be carried out , inter alia , by assessing market developments , such as the emergence of new types of pepps , as well as developments in other areas of union law and the experiences of member states . ### an evaluation of this regulation is to be be carried out , inter alia , by assessing market developments , such as the emergence of new types of pepps , as well as developments in other areas of union law and the experiences of member states . such an evaluation has to take account of the different aims and purposes of establishing a well - functioning pepp - market , and in particular should evaluate whether this regulation has contributed to the development of multi - pillar pension systems in the member states and has resulted in more european citizens saving for sustainable and adequate pensions .


### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of the fundamental rights of the european union , in particular the right to the protection of personal data , the right to property , the freedom to conduct a business , the principle of equality between men and women and the principle of a high level of consumer protection . ### this regulation should ensure the respect of fundamental rights and observes the principles recognised in particular by the charter of the fundamental rights of the european union , in particular the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life , the right to the protection of personal data , the right to property , the freedom to conduct a business , the principle of equality between men and women and the principle of a high level of consumer protection .


### ' pan - european personal pension product ' means a long - term savings personal pension product , which is provided under an agreed pepp scheme by a regulated financial undertaking authorised under union law to manage collective or individual investments or savings , and subscribed to voluntarily by an individual pepp saver in view of retirement , with no or strictly limited redeemability ; ### ' pan - european personal pension product ' means a long - term , sustainable and socially responsible savings personal pension product , which is provided under an agreed pepp scheme by a regulated financial undertaking authorised under union law to manage collective or individual investments or savings , and subscribed to voluntarily by an individual pepp saver or by an independent pepp savers association on behalf of its members in view of retirement , with no or strictly limited redeemability ;


### a pepp may only be manufactured and distributed in the union where it has been authorised by eiopa in accordance with this regulation . ### a pepp may only be generated and distributed in the union where it has been authorised and given approval and certification by the competent supervisory authority eiopa .


### information on arrangements regarding portfolio and risk management and administration with regard to the pepp ; ### information on arrangements regarding portfolio and risk management and administration with regard to the pepp , including the role played by environmental , social and governance factors in the investment process as well as the long term impact and the externalities of the investment decisions ;


### a description of the information to be made available to pepp savers , including a description of the arrangements for dealing with complaints submitted by pepp savers ; ### a description of the information to be made available to pepp savers and beneficiaries , including a description of the arrangements for dealing with complaints submitted by pepp savers and beneficiaries ;


### before taking a decision on the application , eiopa shall consult the competent authority of the applicant . ### before taking a decision on the application , eiopa shall consult the competent national authority of the applicant . the competent national authority may submit an objection regarding an applicant , in such case the competent authority shall state reasons for objection , which shall be taken into account by eiopa .


### eiopa shall withdraw the authorisation of a pepp in the event that the conditions for granting this authorisation are no longer fulfilled . ### eiopa shall withdraw the authorisation of a pepp in the event that the conditions for granting this authorisation are no longer fulfilled . national competent authorities may ask eiopa to consider the withdrawal of a pepp authorisation upon providing any relevant information motivating this request . in case of authorization withdrawal , pepp savers will be clearly informed and are entitled to switch the pepp provider free of charge irrespective of the switching frequency stipulated in article 45 .


### eiopa shall keep a central public register identifying each pepp authorised under this regulation , the provider of this pepp and the competent authority of the pepp provider . the register shall be made publicly available in electronic format . ### eiopa shall keep a central public register identifying each pepp authorised under this regulation , the provider of this pepp , the competent authority of the pepp provider , the date of authorisation of the pepp and the number of the available national compartments . the register shall be made publicly available in electronic format and shall be promptly updated if changes occur .


### eiopa shall keep a central public register identifying each pepp authorised under this regulation , the provider of this pepp and the competent authority of the pepp provider . the register shall be made publicly available in electronic format . ### eiopa shall keep a central public register identifying each pepp authorised under this regulation , with information regarding the available national compartments and compartment partnerships of each pepp , the provider and distributor of this pepp and the competent authority of the pepp provider or distributor . the register shall be made publicly available in electronic format .


### the portability service allows pepp savers to continue contributing to the pepp which they have already contracted with its provider , while changing their domicile by moving to another member state . ### the portability service allows pepp savers to continue contributing to the pepp which they have already contracted with its provider , while changing their domicile by moving to another member state . the commission should examine waiving the fee for changing providers as an incentive . in any case , costs shall be reasonable and communicated always at time of the contract .


### the portability service allows pepp savers to continue contributing to the pepp which they have already contracted with its provider , while changing their domicile by moving to another member state . ### the portability service allows pepp savers to continue contributing to the pepp which they have already contracted with its provider , while changing their domicile by moving to another member state and shall have the right to simultaneously save in more than one compartment , by either opening a new additional compartment and keeping the existing one , or by opening a new compartment while closing the existing one .


### the portability service allows pepp savers to continue contributing to the pepp which they have already contracted with its provider , while changing their domicile by moving to another member state . ### for the purposes of this section , the portability service is defined as the right of pepp savers to continue contributing to a pepp while changing their place of residence by moving to another member state .


### in case of using the portability service , pepp savers are entitled to retain all advantages and incentives granted by the pepp provider and connected with continuous investment in the same pepp . ### in case of using the portability service , pepp savers are entitled to retain all advantages and incentives granted by the pepp provider and connected with continuous investment in the same pepp . the costs of using the portability service shall be reasonable .


### in case of using the portability service , pepp savers are entitled to retain all advantages and incentives granted by the pepp provider and connected with continuous investment in the same pepp . ### in case of using the portability service , pepp savers are entitled to retain all advantages and incentives granted by the pepp provider and connected with continuous investment in its pepp .


### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on which national compartments are immediately available . ### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on which national compartments are immediately available and either from the pepp provider or from a registered partner .


### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on which national compartments are immediately available . ### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on portability options , including the national compartments they offer .


### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on which national compartments are immediately available . ### when proposing a pepp , the pepp provider or pepp distributor shall provide potential pepp savers with information on which national compartments are immediately available either from the pepp provider or from a registered partner .


### without prejudice to the deadline under article 13 , immediately after being informed about the pepp saver ' s intention to exercise his right of mobility between member states , the pepp provider shall inform the pepp saver about the possibility to open a new compartment within the pepp saver ' s individual account and about the deadline within which such compartment could be opened . ### without prejudice to the deadline under article 13 , immediately after being informed about the pepp saver ' s intention to exercise his right of mobility between member states , the pepp provider shall inform the pepp saver about the possibility to open , free of charge , a new additional compartment within the pepp saver ' s pepp account , while keeping the existing compartment , and about the deadline within which such compartment could be opened for the pepp saver .


### without prejudice to the deadline under article 13 , immediately after being informed about the pepp saver ' s intention to exercise his right of mobility between member states , the pepp provider shall inform the pepp saver about the possibility to open a new compartment within the pepp saver ' s individual account and about the deadline within which such compartment could be opened . ### immediately after receiving the pepp saver ' s request to use the portability service , the pepp provider shall inform the pepp saver about the portability options available to him or her , including the possibility to continue saving in a new compartment or through a partnership .


### at the request of the pepp saver , the pepp provider shall propose to the pepp saver to arrange for transfer of accumulated assets between different compartments of the individual pepp account , so that all assets could be consolidated in one compartment . ### at the request of the pepp saver , the pepp provider shall propose to the pepp saver to arrange for transfer of accumulated assets between different compartments of the individual pepp account , so that all assets could be consolidated in one compartment . costs associated with this transfer must have been stipulated at the time the contract was concluded .


### at the request of the pepp saver , the pepp provider shall propose to the pepp saver to arrange for transfer of accumulated assets between different compartments of the individual pepp account , so that all assets could be consolidated in one compartment . ### at the request of the pepp saver , the pepp provider shall propose to the pepp saver to arrange for full or partial transfer of accumulated assets and , where applicable , the surrender value , to other compartments of the pepp account .


### the information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one month of opening the new compartment and shall contain at least : ### the information under paragraph 1 shall be filed electronically in the central public register held with eiopa within one month of opening the new compartment . the central public register shall be accessible to the national competent authorities , who shall automatically receive information concerning the local compartments in the case of any changes , as well as details of any existing or new compartment partnership arrangements between providers . the central public register shall contain at least :


### before a pepp is proposed to pepp savers , the pepp provider shall draw up for that product a pepp key information document in accordance with the requirements of this chapter and shall publish the document on its website . ### before a pepp is proposed to pepp savers , the pepp provider shall draw up for that product a pepp key information document constituting pre - contractual information in accordance with the requirements of this chapter and shall publish the document on its website .


### pepp key information document ### general provisions on the pepp key information document


### potential pepp savers shall also be provided with information on the past performance of investments related to the pepp scheme covering a minimum of five years , or , where the scheme has been operating for fewer than five years , covering all the years that the scheme has been operating , as well as with information on the structure of costs borne by pepp savers and pepp beneficiaries . ### potential pepp savers shall also be provided with information on the past performance of investments related to the pepp scheme covering a minimum of 20 years with figures for each individual year , or , where the scheme has been operating for fewer than 20 years , covering all the years that the scheme has been operating , as well as with clear information on the structure of total costs and fees borne by pepp savers and pepp beneficiaries . in case the information cannot be provided where he pepp scheme has existed for less than on year , pepp savers should at least have access to the performance of a comparable scheme of investments .


### prior to the conclusion of a pepp - related contract , the pepp provider or distributor referred to in article 19 of this regulation shall specify , on the basis of information obtained from the pepp saver , the retirement - related demands and the needs of that pepp saver and shall provide the pepp saver with objective information about the pepp in a comprehensible form to allow that pepp saver to make an informed decision . ### prior to the conclusion of a pepp - related contract , the pepp provider or distributor referred to in article 5 and article 8 of this regulation shall specify , on the basis of information obtained from the pepp saver , the retirement - related demands and the needs of that pepp saver and shall provide the pepp saver with objective information about the pepp in a comprehensible form to allow that pepp saver to make an informed decision to enable the pepp provider , intermediary or distributor to recommend to the pepp saver or potential pepp saver the pepp that is suitable for him or her and , in particular , is in accordance with his or her risk tolerance and ability to bear losses .


### pepp providers shall draw up a concise personalised document containing key information for each pepp saver taking into consideration the specific nature of national pension systems and of relevant national social , labour and tax law . the title of the document shall contain the words &#8220 ; pepp benefit statement&#8221 ; . ### pepp providers shall draw up a concise , clear and comprehensible personalised document containing key information for each pepp saver , and for pepp beneficiaries if agreed upon by the pepp saver , taking into consideration the specific nature of national pension systems and of relevant national social , labour and tax law . the title of the document shall contain the words &#8220 ; pepp benefit statement&#8221 ; .


### pepp providers shall draw up a concise personalised document containing key information for each pepp saver taking into consideration the specific nature of national pension systems and of relevant national social , labour and tax law . the title of the document shall contain the words &#8220 ; pepp benefit statement&#8221 ; . ### pepp providers shall draw up a concise personalised document containing key information for each pepp saver taking into consideration the specific nature of national pension systems and of relevant national legislation . the title of the document shall contain the words &#8220 ; pepp benefit statement&#8221 ; .


### in addition , the pepp saver shall be kept informed throughout the term of the contract of any change concerning the following information : ### in addition , the pepp saver and beneficiaries shall be kept informed throughout the term of the contract of any change concerning the following information :


### information on how the investment policy takes into account environmental , social and governance factors . ### information on how the investment policy takes into account environmental , social and governance factors , including the role they play in the investment process as well as the long term impact and the externalities of the investment decisions .


### information on how the investment policy takes into account environmental , social and governance factors . ### information on the pepp provider’s investment policy principles , and in particular on how the investment policy takes into account environmental , social and governance factors , including the role they play in the investment process as well as the long - term impact and the externalities of the investment decisions .


### the pepp benefit statement shall include , at least , the following key information for pepp savers : ### the pepp benefit statement shall be provided free of charge , annually and include , at least , the following key information for pepp savers and beneficiaries if agreed upon by the pepp saver :


### personal details of the pepp saver , name of the pepp provider , information on pension benefit projections , information on accrued entitlements or accumulated capital , contributions paid by the pepp saver or any third party and information on the funding level of the pepp scheme , for which article 39 , paragraphs 1 , , , , and of directive 2016 / 2341 / eu shall be applied , where the &#8220 ; member&#8221 ; means the pepp saver , the &#8220 ; iorp&#8221 ; means the pepp provider , the &#8220 ; pension scheme&#8221 ; means the pepp scheme and &#8220 ; the sponsoring undertaking&#8221 ; means any third party for the purposes of this regulation ; ### personal details of the pepp saver and the name of the pepp provider and its contact address ;


### information to be given to pepp savers during the pre - retirement phase and to pepp beneficiaries during the decumulation phase ### information to be given to pepp savers and beneficiaries during the pre - retirement phase and to pepp beneficiaries during the decumulation phase


### pepp savers shall receive information during the pre - retirement phase as set out in article 42 of directive 2016 / 2341 / eu . ### in addition to the pepp benefit statement , pepp providers shall provide each pepp saver , at least one year before the retirement age as specified in article 28 , paragraph 1 , or at the request of the pepp saver , with information about the benefit pay - out options available in taking their retirement benefits .


### the switching service may be provided by pepp providers established in the same member state or in different member states . ### the terms for switching pepp providers shall be listed in the pepp contract . in any case , the pepp saver shall be able to switch pepp provider once every five years of accumulation in the pepp .


### within two working days from receipt of the authorisation referred to in paragraph 2 , the receiving pepp provider shall request the transferring pepp provider to carry out the following tasks , if provided for in the pepp saver’s authorisation : transmit to the receiving pepp provider and , if specifically requested by the pepp saver , to the pepp saver , a list of the existing amounts that are being switched ; b ) transfer any remaining positive balance to the pepp account opened or held with the receiving pepp provider on the date specified by the pepp saver ; and c ) close the pepp account held with the transferring pepp provider on the date specified by the pepp saver . ### within five working days from receipt of the pepp saver’s request referred to in paragraph 2 , the receiving pepp provider shall request the transferring pepp provider to carry out the following tasks , if provided for in the pepp saver’s request : transmit to the receiving pepp provider and , also to the pepp saver where they specifically request , a list of the existing amounts that are being switched ; transfer any remaining positive balance to the pepp account held with the receiving pepp provider from the date specified by the pepp saver ; and close the pepp account held with the transferring pepp provider from the date specified by the pepp saver .


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


### pepp providers shall give to pepp savers the following information about the switching service : ### receiving pepp providers shall give to pepp savers the following information about the switching service :


### for the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks , the agency should be allowed to cooperate with union institutions , bodies , offices and agencies , in particular those established in the area of freedom , security and justice , in matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use large - scale it systems managed by the agency in the framework of working arrangements concluded in accordance with union law and policy and within the framework of their respective competences . those working arrangements should receive the commission ' s prior approval . the agency should also consult and follow up the recommendations of the european network and information security agency regarding network security , where appropriate . ### for the purpose of fulfilling its mission , achieving coordination and financial savings , avoiding duplication and promoting synergy and complementarity , and to the extent required for the accomplishment of its tasks , the agency should be allowed to cooperate with union institutions , bodies , offices and agencies , in particular those established in the area of freedom , security and justice , in matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use large - scale it systems managed by the agency in the framework of working arrangements concluded in accordance with union law and policy and within the framework of their respective competences . those working arrangements should receive the commission ' s prior approval . the agency should also consult and follow up the recommendations of the european network and information security agency regarding network security , where appropriate .


### the agency may plan and implement testing activities on matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after a decision of the management board . ### the agency may plan and implement testing activities on matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after a decision of the management board . the agency shall ensure an adequate level of quality with regard to testing activities and shall cover all relevant costs .


### the management board shall appoint the executive director from a list of candidates proposed by the commission following an open and transparent selection procedure . the selection procedure shall provide for publication in the official journal of the european union and elsewhere of a call for expressions of interest . the management board shall appoint the executive director on the basis of personal merit , experience in the field of large - scale it systems and administrative , financial and management skills as well as knowledge in data protection . the management board shall take its decision to appoint the executive director by a two - thirds majority of all its members with a right to vote . ### the management board shall appoint the executive director from a list of at least three candidates proposed by the commission following an open and transparent selection procedure . the selection procedure shall provide for publication in the official journal of the european union and elsewhere of a call for expressions of interest . the management board shall appoint the executive director on the basis of personal merit , experience in the field of large - scale it systems and administrative , financial and management skills as well as knowledge in data protection . the management board shall take its decision to appoint the executive director by a two - thirds majority of all its members with a right to vote .


### the agency shall cooperate with the commission , with other union institutions and with other union bodies , offices and agencies in particular those established in the area of freedom , security and justice , and in particular the european agency for fundamental rights , in matters covered by this regulation . ### the agency shall cooperate with the commission , with other union institutions and with other union bodies , offices and agencies in particular those established in the area of freedom , security and justice , and in particular the european agency for fundamental rights , in matters covered by this regulation , in order to achieve coordination and financial savings , to avoid duplication and to promote synergy and complementarity as regards their activities .


### each year the executive director shall draw up , taking into account the activities carried out by the agency , a draft statement of estimates of the agency ' s revenue and expenditure for the following financial year , including an establishment plan , and shall send it to the management board . ### each year the executive director shall draw up , in accordance with the principle of performance - based budgeting and taking into account the activities carried out by the agency as well as its objectives and expected results , a draft statement of estimates of the agency ' s revenue and expenditure for the following financial year , including an establishment plan , and shall send it to the management board .


### in order to guarantee the free movement of products within the union , it is necessary to ensure that products fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , protection of consumers , protection of the environment and public security . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union market for goods can thrive . rules are therefore necessary to ensure this enforcement throughout the internal market , including on products entering the union from third countries . ### in order to guarantee the free movement of products within the union , it is necessary to ensure that products fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , protection of consumers , protection of the environment and public security . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union market for goods can thrive . rules are therefore necessary to ensure this enforcement throughout the internal market , including on products entering the union from third countries . those requirements should strike the right balance between simplicity , in order to facilitate compliance by economic actors with union law , and effectiveness , in order to empower market surveillance authorities in their enforcement operations . the requirements of this regulation and their application are designed so as to prioritise surveillance of those products which might pose a serious risk .


### this regulation should cover products that are subject to the union harmonisation legislation listed in the annex . the legislation listed in the annex should cover all union harmonisation legislation concerning manufactured products other than food , feed , medicinal products for human and veterinary use , living plants and animals , products of human origin and products of plants and animals relating directly to their future reproduction . this will ensure a uniform framework for market surveillance of those products at union level . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 . if new union harmonisation legislation is adopted in the future , it will be for that legislation to provide whether this regulation is also to apply to that legislation . ### this regulation should cover products that are subject to directive 2001 / 95 / ec or the union harmonisation legislation listed in the annex . the legislation listed in the annex should cover all union harmonisation legislation concerning manufactured products other than food , feed , medicinal products for human and veterinary use , living plants and animals , products of human origin and products of plants and animals relating directly to their future reproduction . this will ensure a uniform framework for market surveillance of those products at union level . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 . if new union harmonisation legislation is adopted in the future , it will be for that legislation to provide whether this regulation is also to apply to that legislation .


### this regulation should cover products that are subject to the union harmonisation legislation listed in the annex . the legislation listed in the annex should cover all union harmonisation legislation concerning manufactured products other than food , feed , medicinal products for human and veterinary use , living plants and animals , products of human origin and products of plants and animals relating directly to their future reproduction . this will ensure a uniform framework for market surveillance of those products at union level . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 . if new union harmonisation legislation is adopted in the future , it will be for that legislation to provide whether this regulation is also to apply to that legislation . ### this regulation should cover products that are subject to the directive 2001 / 95 / ec or the union harmonisation legislation listed in the annex . the legislation listed in the annex should cover all union harmonisation legislation concerning manufactured products other than food , feed , medicinal products for human and veterinary use , living plants and animals , products of human origin and products of plants and animals relating directly to their future reproduction . this will ensure a uniform framework for market surveillance of those products at union level . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 . if new union harmonisation legislation is adopted in the future , it will be for that legislation to provide whether this regulation is also to apply to that legislation .


### responsibility for enforcing union harmonisation legislation should lie with the member states , whose market surveillance authorities should be required to ensure that the legislation is fully complied with . the member states should , therefore , establish systematic approaches to ensure effectiveness of market surveillance and other enforcement activities . ### responsibility for enforcing union harmonisation legislation should lie with the member states , whose market surveillance authorities should be required to ensure that the legislation is fully complied with . the member states should , therefore , establish systematic approaches to ensure effectiveness of market surveillance and other enforcement activities . the commission monitors the proper enforcement of union harmonisation legislation .


### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , or the importer , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 . ### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers , wholesalers , retailers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , or the authorised representative , an importer when the manufacturer is not established in the union and there is no other authorised representative , or - in the case there is no manufacturers or importer established in the union - another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 .


### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , or the importer , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 . ### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers , distributors and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer or an authorised representative of that manufacturer , an importer when the manufacturer is not established in the eu and does not have another authorised representative , or if there is no manufacturer or importer established in the eu , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 .


### market surveillance activities should be thorough and effective , to ensure that union harmonisation legislation on products is applied correctly . given that controls may represent a burden for economic operators , market surveillance authorities should organise and conduct inspection activities , taking their interests into account and limiting the said burden to what is necessary for the performance of efficient and effective controls . furthermore , market surveillance activities should be performed with the same level of care by the competent authorities of the member state irrespective of whether non - compliance of the given product is relevant on the territory of that member state or is likely to have an impact on the market of another member state . ### market surveillance activities should be thorough and effective , to ensure that union harmonisation legislation on products is applied correctly . given that controls may represent a burden for economic operators , market surveillance authorities should organise and conduct inspection activities , taking their interests into account and limiting the said burden to what is necessary for the performance of efficient and effective controls . furthermore , market surveillance activities should be performed with the same level of care by the competent authorities of the member state irrespective of whether non - compliance of the given product is relevant on the territory of that member state or is likely to have an impact on the market of another member state . uniform conditions could be envisaged for inspection activities carried out by the market surveillance authorities when a product presents a known or emerging risk .


### member states should be required to ensure that adequate financial resources are always available in order to staff and equip the market surveillance authorities appropriately . an efficient market surveillance activity is demanding in terms of resources , and stable resources should be provided , at a level appropriate to the enforcement needs at any given moment . public financing should therefore be supplemented by the collection of fees to cover the costs incurred when performing market surveillance activities in relation to products that were found to be non - compliant , and taking due account of the economic operator ' s compliance record . ### member states should be required to ensure that adequate financial resources are always available in order to staff and equip the market surveillance authorities appropriately . an efficient market surveillance activity is demanding in terms of resources , and stable resources should be provided , at a level appropriate to the enforcement needs at any given moment . administrative and automated checks cannot serve as a substitute to physical checks which guarantee the substantial compliance of a product with the relevant union legislation . public financing should therefore be supplemented by the collection of fees to cover the costs incurred when performing market surveillance activities in relation to products that were found to be non - compliant , and taking due account of the economic operator ' s compliance record .


### a natural or legal person established in the union who has a written mandate from the manufacturer designating him as a person responsible for performing the tasks listed in paragraph 3 and requiring him to perform those tasks on the manufacturer’s behalf ; ### in case there is no manufacturers or importer established in the union , a natural or legal person established in the union who has a written mandate from the manufacturer designating him as a person responsible for compliance and performing the tasks listed in paragraph 3 on the manufacturer’s behalf ;


### the identity and contact details of the manufacturer , importer or other person meeting the requirements of point are publicly available in accordance with paragraph 4 and are indicated or identifiable in accordance with paragraph 5 . ### the identity and contact details of the manufacturer , importer or other person meeting the requirements of points are publicly available in accordance with paragraph 4 and are indicated or identifiable in accordance with paragraph 5 .


### further to a reasoned request from a market surveillance authority , providing that authority with all the information and documentation necessary to demonstrate the conformity of the product in an official union language determined by the member state concerned ; ### further to a reasoned request from a market surveillance authority , providing that authority with all the information and documentation necessary to demonstrate the conformity of the product in an official union language determined by the member state concerned ; and to demonstrate the existence of different essential characteristics between its between its distinct models as defined in point 22a of article 3 ;


### cooperating with the market surveillance authorities , at their request , on any action taken to eliminate or , if that is not possible , mitigate the risks posed by the product . ### cooperating with the market surveillance authorities and take immediate action to remedy the case of a product presenting a risk or the case of a product being non - compliant with the requirements set out in union harmonisation legislation or harmonised standards applicable to the product in question , at their own initiative or when required to do so by the market surveillance authorities ;


### the identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document . ### the identity and contact details of the manufacturer and the contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document .


### market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product . ### market surveillance authorities may enter into memoranda of understanding with the manufacturer or importer , and in cases where that would not be fruitful , they may do so with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product to address , inter alia , issues which may be of specific concern for consumers in that area , such as dual quality of products .


### a market surveillance authority may use any information resulting from activities carried out or financed by other parties to a memorandum of understanding entered into by it under paragraph 1 as part of any investigation undertaken by it into non - compliance , but only if the activity in question was carried out independently , impartially and without bias . ### a market surveillance authority may use any information resulting from activities carried out or financed by other parties to a memorandum of understanding entered into by it under paragraph 1 as part of any investigation undertaken by it into non - compliance , but only if the activity in question was carried out independently , impartially and without bias . information on how products have been tested and the results of such tests should be made publicly available .


### the product , such as the number of products on the market and any hazards associated with that product ; ### the product , such as the number of products on the market and any hazards associated with that product , paying particular attention to the health dimension of the potential risk ;


### the product is liable to compromise the health or safety of end - users ; ### the product is liable to endanger the health or safety of end - users or cause serious environmental damage .


### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . ### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . in establishing their national market surveillance strategies , the member states shall consult stakeholders and make their comments available to the general public .


### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . ### each member state shall draw up a national market surveillance strategy , as a minimum , every 5 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains .


### the enforcement actions planned in order to reduce the occurrence of non - compliance in those areas identified as a priority , including , where relevant , the minimum control levels envisaged for categories of product which have significant levels of non - compliance ; ### the enforcement actions planned in order to reduce the occurrence of non - compliance in those areas identified as a priority , including , where relevant , the minimum control levels envisaged for categories of product which have significant levels of non - compliance and which might pose a serious risk ;


### member states shall communicate their national market surveillance strategy through the system referred to under article 34 . ### member states shall communicate their national market surveillance strategy through the system referred to under article 34 , and shall make it available to the general public .


### to seal any premises or seize any information , data or documents of an economic operator during the inspection for a necessary period and to the extent necessary for the purposes of the investigation ; ### to seal relevant premises or seize any information , data or documents of an economic operator during the inspection for a necessary period and to the extent necessary for the purposes of the investigation ;


### provide independent technical or scientific advice to the commission including , the network established under article 31 , and to the member states ; ### provide independent technical or scientific advice to the commission including , the network established under article 31 , and to the member states and signal new emerging risks based on latest scientific findings ;


### at the request of an applicant authority , the requested authority shall without delay take all necessary enforcement measures using the powers conferred on it under this regulation in order to bring an instance of non - compliance to an end . ### at the request of an applicant authority or the commission or any other stakeholders bringing due evidence of non - compliance , the requested authority shall without delay take all necessary enforcement measures using the powers conferred on it under this regulation in order to bring an instance of non - compliance to an end . in case the requested authority would not take action , the commission could itself take all necessary enforcement measures .


### the commission shall draw up a report each year by 30 june , containing the information submitted by the member states for the previous calendar year . the report shall be published in the system referred to in article 34 . ### the commission shall draw up a report and a summary of the report each year by 30 june , containing the information submitted by the member states for the previous calendar year . the report shall be published in the system referred to in article 34 .


### the product is not marked or labelled in accordance with that union harmonisation legislation ; ### the product is not marked or labelled in accordance with that union harmonisation legislation and this cannot be solved by correction within a reasonable time ;


### market surveillance authorities shall treat as a matter of priority products declared free for circulation by an authorised economic operator as set out in article 38 of regulation no 952 / 2013 , the release of which is suspended in accordance with article 28 of this regulation . ### market surveillance authorities shall treat the release of products which are suspended in accordance with article 28 of this regulation equally for all economic operators .


### as in respect of heavy duty vehicles , it is important to ensure that any time - based charges applied to light duty vehicles are proportionate , including in respect of periods of use shorter than one year . in that regard , account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles . the calculation of proportionate time - based charges could be based on available data on trip patterns . ### as in respect of heavy duty vehicles , it is important to ensure that if member states introduce time - based charges for light duty vehicles these are also proportionate in respect of use and periods of use shorter than one year . in that regard , account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles . the calculation of proportionate time - based charges could be based on available data on trip patterns .


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### road charges mobilise resources that contribute to the financing of the maintenance , the repair and development of high quality transport infrastructure and services . member states should use the revenues from road charges accordingly and , to this end , are required to adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . member states should communicate transparently with road users on how they use the revenues from road charging through visible displays .


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### road charges mobilise resources that contribute to the financing and cross - financing of alternative transport infrastructure projects and the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging .


### it is necessary to ensure that external - cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex , to incentivise the use of the most fuel - efficient vehicles , and to keep the incentives effective and the differentiation of road charges up - to - date . therefore , 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 for the purpose of adapting the reference values for external cost charging to scientific progress , defining the modalities for the revenue - neutral variation of infrastructure charges according to the co2 emissions from heavy duty vehicles , and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201621 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ____________________ 21 oj l 123 , 12 . 5 . 2016 , p . 1 ### it is necessary to ensure that external - cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles and vans intended for the carriage of goods as accurately as possible without rendering the charging scheme excessively complex , to incentivise the use of the most fuel - efficient and clean vehicles , and to keep the incentives effective and the differentiation of road charges up - to - date . therefore , 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 for the purpose of adapting the minimum values for external cost charging to scientific progress , defining the modalities for the revenue - neutral variation of infrastructure charges according to the co2 emissions from heavy duty vehicles and vans intended for the carriage of goods , and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201621 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ____________________ 21 oj l 123 , 12 . 5 . 2016 , p . 1


### new infrastructure or new infrastructure improvements , including significant structural repairs ; ### new , alternative transport infrastructure for modal shifting , new infrastructure or new infrastructure improvements , including significant structural repairs ;


### ‘ toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle , the payment of which confers the right for a vehicle to use the infrastructures , comprising an infrastructure charge , and as the case may be a congestion charge or an external - cost charge or both ; ### ‘ toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle , comprising an infrastructure charge , and as the case may be a congestion charge or an external - cost charge or both ;


### ‘ toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle , the payment of which confers the right for a vehicle to use the infrastructures , comprising an infrastructure charge , and as the case may be a congestion charge or an external - cost charge or both ; ### ‘ toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle , the payment of which confers the right for a vehicle to use the infrastructures , including safe parking areas , comprising an infrastructure charge , and as the case may be a congestion charge or an external - cost charge or both ;


### ‘ cost of traffic - based air pollution’ means the cost of the damage caused by the release of particulate matter and of ozone precursors , such as nitrogen oxide and volatile organic compounds , in the course of the operation of a vehicle ; ### ‘ cost of traffic - based air pollution’ means the cost of the harm to human health and of the damage caused to the environment by the release of particulate matter and of ozone precursors , such as nitrogen oxide and volatile organic compounds , in the course of the operation of a vehicle ;


### ‘ cost of traffic - based air pollution’ means the cost of the damage caused by the release of particulate matter and of ozone precursors , such as nitrogen oxide and volatile organic compounds , in the course of the operation of a vehicle ; ### ‘ cost of traffic - based air pollution’ means the cost of the harm to health and of the damage caused to the environment by the release of particulate matter and of ozone precursors , such as nitrogen oxide and volatile organic compounds , in the course of the operation of a vehicle ;


### costs of infrastructure or infrastructure improvements may include any specific expenditure on infrastructure designed to reduce nuisance related to noise or to improve road safety and actual payments made by the infrastructure operator corresponding to objective environmental elements such as protection against soil contamination . ### costs of infrastructure or infrastructure improvements may include any expenditure , including that incurred as a result of new regulatory requirements , designed to reduce nuisance related to noise , to improve road safety or to introduce innovative technological solutions for the operation of the infrastructure , and actual payments made by the infrastructure operator corresponding to objective environmental elements such as protection against soil contamination . .


### tolls and user charges for heavy duty vehicles on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another . ### tolls and user charges for heavy duty vehicles on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another . in addition , user charges may be maintained or introduced on the trans - european road network or on secondary roads independently of each other .


### tolls and user charges for heavy duty vehicles on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another . ### tolls and user charges for heavy duty vehicles and vans intended for the carriage of goods , on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another .


### for minibuses and vans , member states shall comply either with paragraph 2 or with paragraph 3 . member states shall however set higher user charges for minibuses and vans than for passenger cars as from 1 january 2024 at the latest . ; ### for minibuses , vans and vans intended for the carriage of goods , member states shall comply either with paragraph 2 or with paragraph 3 . member states shall however set higher user charges for minibuses , vans and vans intended for the carriage of goods than for passenger cars as from 1 january 2024 at the latest .


### for heavy duty vehicles , the external - cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall respect the reference values set out in annex iiib . ### for heavy duty vehicles , the external - cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall respect the reference values set out in annex iiib . zero - emissions vehicles shall not be subject to any external - cost charge related to air pollution .