### taking into account that climate change is a trans - boundary problem and the need to safeguard a well - functioning single market both for road transport services as well as for heavy - duty vehicles , it is appropriate to set co2 emission standards for heavy - duty vehicles at union - level . those standards should be designed so as to be without prejudice to competition law . ### taking into account that climate change is a trans - boundary problem and the need to safeguard a well - functioning single market both for road transport services as well as for heavy - duty vehicles and avoid any market fragmentation , it is appropriate to set co2 emission standards for heavy - duty vehicles at union - level . those standards should be designed so as to be without prejudice to competition law .


### in the light of innovation and to take account of the implementation of new technologies improving the fuel efficiency of heavy - duty vehicles , the vecto simulation tool as well as regulation 2017 / 2400 will be continuously and timely updated . ### in the light of innovation and to take account of and stimulate the implementation of new technologies improving the fuel efficiency of heavy - duty vehicles , the vecto simulation tool as well as regulation 2017 / 2400 will be continuously and timely updated in order to reflect the introduction of fuel saving technologies as well as the improvements to rigid bodies , trailer sand semi - trailers . this update should take place on a yearly basis so as to keep vecto on par with the state - of - the - art technologies , and the european institutions should allocate sufficient budget accordingly .


### a manufacturer’s compliance with its annual specific targets should be assessed on the basis of its average co2 emissions . in determining the average specific emissions , the specificities that are reflected in the different vehicle sub - group targets should also be considered . as a consequence , the average specific co2 emissions of a manufacturer should be based on the average emissions determined for each sub - group including a weighting based on their assumed average annual mileage and average payload , which reflects the total lifetime co2 emissions . due to the limited reduction potential of vocational vehicles , those vehicles should not be taken into account for the calculation of the average specific emissions . ### a manufacturer’s compliance with its annual specific targets should be assessed on the basis of its average co2 emissions . in determining the average specific emissions , the specificities that are reflected in the different vehicle sub - group targets should also be considered . as a consequence , the average specific co2 emissions of a manufacturer should be based on the average emissions determined for each sub - group including a weighting based on their assumed average annual mileage and average payload , which reflects the total lifetime co2 emissions . due to the limited reduction potential of vocational vehicles , those vehicles should not be taken into account for the calculation of the average specific emissions , unless they are low - or zero - emission vehicles .


### ‘ vocational vehicle’ means a heavy - duty vehicle not intended for the delivery of goods and for which the co2 emissions and fuel consumption have been determined , in accordance with regulation no 595 / 2009 and its implementing measures , only for other mission profiles than those defined in point 2 . 1 of annex i to this regulation ; ### ‘ vocational vehicle’ means a heavy - duty vehicle not intended for the delivery of consumer goods and for which at the time of registration a body work code according to appendix 2 of annex ii of 2007 / 46 / ec is allocated ;


### the data reported pursuant to regulation no &#8230 ; / 2018 [ monitoring &amp ; reporting hdv ] for the manufacturer ' s new heavy - duty vehicles registered in the relevant year , excluding vocational vehicles ; ### the data reported pursuant to regulation no &#8230 ; / 2018 [ monitoring &amp ; reporting hdv ] for the manufacturer ' s new heavy - duty vehicles registered in the relevant year , excluding vocational vehicles , unless they are low - or zero - emission vehicles ;


### in order to ensure that the technical parameters used for the calculation of the average specific emissions of a manufacturer pursuant to article 4 and the calculation of the specific emission targets pursuant to article 6 take into account technical progress and the evolution of freight transport logistics , the commission shall be empowered to adopt delegated acts in accordance with article 15 to amend the following provisions set out in annexes i and ii ### in order to ensure that the technical parameters used for the calculation of the average specific emissions of a manufacturer pursuant to article 4 and the calculation of the specific emission targets pursuant to article 6 take into account technical progress and the evolution of freight transport logistics , the commission shall update the vecto simulation tool on an yearly basis and be empowered to adopt delegated acts in accordance with article 15 to amend the following provisions set out in annexes i and ii


### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . __________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu ### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the methodology for well - to - wheel emission accounting , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers and european modular system combinations . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . __________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu


### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu ### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , including their definition , while taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu


### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . ### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . this ambition is at the heart of the european commission’s reform agenda to achieve a digital single market as ict networks provide the backbone for digital products and services which have the potential to support all aspects of our lives and drive europe’s economic growth . to ensure that the objectives of digital single market are fully achieved the essential technology building blocks on which important areas such as ehealth , iot , artificial intelligence , quantum technology as well as intelligent transport system and advanced manufacturing rely must be in place .


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to deliver a co - ordinated eu response and increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . alongside eu - wide certification , there is a range of voluntary measures widely accepted in the market place , depending on the product , service , use or standard ; these measures as well as the industry bottom up approach , including the use of security - by - design , leveraging and contributing to international standards , should be encouraged .


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of privacy and security of ict products and services . eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors can contribute to this objective . however , voluntary measures implemented by the private sector , inter alia by iot operators and service providers , should also be encouraged .


### the union has already taken important steps to ensure cybersecurity and increase trust in digital technologies . in 2013 , an eu cybersecurity strategy was adopted to guide the union’s policy response to cybersecurity threats and risks . in its effort to better protect europeans online , in 2016 the union adopted the first legislative act in the area of cybersecurity , the directive 2016 / 1148 concerning measures for a high common level of security of network and information systems across the union . the nis directive put in place requirements concerning national capabilities in the area of cybersecurity , established the first mechanisms to enhance strategic and operational cooperation between member states , and introduced obligations concerning security measures and incident notifications across sectors which are vital for economy and society such as energy , transport , water , banking , financial market infrastructures , healthcare , digital infrastructure as well as key digital service providers . a key role was attributed to enisa in supporting implementation of this directive . in addition , effective fight against cybercrime is an important priority in the european agenda on security , contributing to the overall aim of achieving a high level of cybersecurity . ### the union has already taken important steps to ensure cybersecurity and increase trust in digital technologies . in 2013 , an eu cybersecurity strategy was adopted to guide the union’s policy response to cybersecurity threats and risks . in its effort to better protect europeans online , in 2016 the union adopted the first legislative act in the area of cybersecurity , the directive 2016 / 1148 concerning measures for a high common level of security of network and information systems across the union . the nis directive fulfils the digital single market strategy and together with other instruments , such as directive establishing the european electronic communications code , regulation 2016 / 679 and directive 2002 / 58 / ec , puts in place requirements concerning national capabilities in the area of cybersecurity , established the first mechanisms to enhance strategic and operational cooperation between member states , and introduced obligations concerning security measures and incident notifications across sectors which are vital for economy and society such as energy , transport , water , banking , financial market infrastructures , healthcare , digital infrastructure as well as key digital service providers . a key role was attributed to enisa in supporting implementation of this directive . in addition , effective fight against cybercrime is an important priority in the european agenda on security , contributing to the overall aim of achieving a high level of cybersecurity .


### the underlying task of the agency is to promote the consistent implementation of the relevant legal framework , in particular the effective implementation of the nis directive , which is essential in order to increase cyber resilience . in view of the fast evolving cybersecurity threat landscape , it is clear that member states must be supported by more comprehensive , cross - policy approach to building cyber resilience . ### the underlying task of the agency is to promote the consistent implementation of the relevant legal framework , in particular the effective implementation of the nis directive , directive establishing the european electronic communications code , regulation 2016 / 679 and directive 2002 / 58 / ec , which is essential in order to increase cyber resilience . in view of the fast evolving cybersecurity threat landscape , it is clear that member states must be supported by more comprehensive , cross - policy approach to building cyber resilience .


### to understand better the challenges in the field of cybersecurity , and with a view to providing strategic long term advice to member states and union institutions , the agency needs to analyse current and emerging risks . for that purpose , the agency should , in cooperation with member states and , as appropriate , with statistical bodies and others , collect relevant information and perform analyses of emerging technologies and provide topic - specific assessments on expected societal , legal , economic and regulatory impacts of technological innovations on network and information security , in particular cybersecurity . the agency should furthermore support member states and union institutions , agencies and bodies in identifying emerging trends and preventing problems related to cybersecurity , by performing analyses of threats and incidents . ### to understand better the challenges in the field of cybersecurity , and with a view to providing strategic long term advice to member states and union institutions , the agency needs to analyse current and emerging risks , incidents and vulnerabilities . for that purpose , the agency should , in cooperation with member states and , as appropriate , with statistical bodies and others , collect relevant information and perform analyses of emerging technologies and provide topic - specific assessments on expected societal , legal , economic and regulatory impacts of technological innovations on network and information security , in particular cybersecurity . the agency should furthermore support member states and union institutions , agencies and bodies in identifying emerging trends and preventing problems related to cybersecurity , by performing analyses of threats , incidents and vulnerabilities .


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . to improve the overall level of preparedness and resilience , the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing available information regarding significant incidents and by compiling reports with a view to providing guidance to businesses , citizens and relevant authorities at european and national level . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users . these campaigns should promote safer individual online behaviour and raise awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , forgery and illegal content , as well as advocate data protection and basic authentication to prevent data and identity theft . the agency should play a central role in accelerating end - user awareness on security of devices .


### to ensure that it fully achieves its objectives , the agency should liaise with relevant institutions , agencies and bodies , including cert - eu , european cybercrime centre at europol , european defence agency , european agency for the operational management of large - scale it systems , european aviation safety agency and any other eu agency that is involved in cybersecurity . it should also liaise with authorities dealing with data protection in order to exchange know - how and best practices and provide advice on cybersecurity aspects that might have an impact on their work . representatives of national and union law enforcement and data protection authorities should be eligible to be represented in the agency’s permanent stakeholders group . in liaising with law enforcement bodies regarding network and information security aspects that might have an impact on their work , the agency should respect existing channels of information and established networks . ### to ensure that it fully achieves its objectives , the agency should liaise with relevant institutions , agencies and bodies , including cert - eu , european cybercrime centre at europol , european defence agency , european agency for the operational management of large - scale it systems , european aviation safety agency , european global navigation satellite systems agency and any other eu agency that is involved in cybersecurity . it should also liaise with authorities dealing with data protection in order to exchange know - how and best practices and provide advice on cybersecurity aspects that might have an impact on their work . representatives of national and union law enforcement and data protection authorities should be eligible to be represented in the agency’s permanent stakeholders group . in liaising with law enforcement bodies regarding network and information security aspects that might have an impact on their work , the agency should respect existing channels of information and established networks .


### the agency should encourage member states and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including cybersecurity , of their products and services . ### the agency should encourage member states and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including cybersecurity , of their products and services . the agency should work together with stakeholder towards developing a eu - wide approach to responsible vulnerabilities disclosure and should promote best practice in this area .


### the agency should encourage member states and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including cybersecurity , of their products and services . ### the agency should encourage member states , hardware and software producers as well as service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should ensure that the products and services that they place on the market meet cybersecurity standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including cybersecurity , of their products and services .


### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency . ### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency . given the importance of certification requirements to ensure trust in iot , the commission will specifically consider implementing measures to ensure the pan - eu security standards harmonisation for iot devices .


### currently , the cybersecurity certification of ict products and services is used only to a limited extent . when it exists , it mostly occurs at member state level or in the framework of industry driven schemes . in this context , a certificate issued by one national cybersecurity authority is not in principle recognised by other member states . companies thus may have to certify their products and services in several member states where they operate , for example with a view to participating in national procurement procedures . moreover , while new schemes are emerging , there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues , for instance in the field of the internet of things . existing schemes present significant shortcomings and differences in terms of product coverage , levels of assurance , substantive criteria and actual utilisation . ### currently , the cybersecurity certification of ict products and services is used only to a limited extent . when it exists , it mostly occurs at member state level or in the framework of industry driven schemes . in this context , a certificate issued by one national cybersecurity authority is not in principle recognised by other member states . companies thus may have to certify their products and services in several member states where they operate , for example with a view to participating in national procurement procedures . moreover , while new schemes are emerging , there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues , for instance in the field of the internet of things . existing schemes present significant shortcomings and differences in terms of product coverage , levels of assurance , substantive criteria and actual utilisation . a case by case approach is required to ensure that services and products are subject to appropriate certification schemes . additionally , a risk - based approach is needed for effective identification and mitigation of risks whilst acknowledging that a one size fits all scheme is not possible .


### the purpose of european cybersecurity certification schemes should be to ensure that ict products and services certified under such a scheme comply with specified requirements . such requirements concern the ability to resist , at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict products and services . ict products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . the modalities with which such objectives will be achieved in specific ict products and services should then be further specified in detail at the level of the individual certification scheme adopted by the commission , for example by reference to standards or technical specifications . ### the purpose of european cybersecurity certification schemes should be to ensure that ict products and services certified under such a scheme comply with specified requirements . such requirements concern the ability to resist , at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict products and services . ict products and services and related cybersecurity needs are so diverse , as is their lifecycle , that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . the modalities with which such objectives will be achieved in specific ict products and services should then be further specified in detail at the level of the individual certification scheme adopted by the commission in close consultation with the member states and industrial stakeholders , for example by reference to standards or technical specifications . the individual certification schemes should be designed in such a way that all actors involved in the development of relevant it products and services are encouraged to develop and adopt standards , norms and principles which ensure the highest possible level of security throughout the lifecycle .


### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in union or national legislation . however , with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme . ### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in union or national legislation . after this initial stage , and depending on the maturity of implementation in the eu member states and the criticality of a product or service , it is recognised that , in the future , potentially mandatory schemes for certain ict products and services may begin to evolve in a phased approach for the future generations of technology and in response to the policy objectives of tomorrow . however , with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme .


### ‘ cyber threat’ means any potential circumstance or event that may adversely impact network and information systems , their users and affected persons . ### ‘ cyber threat’ means any potential circumstance , capability or event that may adversely impact network and information systems , their users and affected persons .


### the agency shall promote the use of certification , including by contributing to the establishment and maintenance of a cybersecurity certification framework at union level in accordance with title iii of this regulation , with a view to increasing transparency of cybersecurity assurance of ict products and services and thus strengthen trust in the digital internal market . ### the agency shall promote the use of certification and standardisation , including the development of european and international standards on cybersecurity , and by contributing to the establishment and maintenance of a cybersecurity certification framework at union level in accordance with title iii of this regulation , with a view to increasing transparency of cybersecurity assurance of ict products and services and thus strengthen trust in the digital internal market .


### the agency shall promote the use of certification , including by contributing to the establishment and maintenance of a cybersecurity certification framework at union level in accordance with title iii of this regulation , with a view to increasing transparency of cybersecurity assurance of ict products and services and thus strengthen trust in the digital internal market . ### the agency shall promote the use of certification , including by contributing to the development of european and international standards on cybersecurity , the establishment and maintenance of a cybersecurity certification framework at union level in accordance with title iii of this regulation , with a view to increasing transparency of cybersecurity assurance of ict products and services and thus strengthen trust in the digital internal market .


### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , including by means of opinions , guidelines , advice and best practices on topics such as risk management , incident reporting and information sharing , as well as facilitating the exchange of best practices between competent authorities in this regard ; ### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , directive establishing the european electronic communications code , regulation 2016 / 679 and directive2002 / 58 / ec , including by means of opinions , guidelines , advice and best practices on topics such as risk management , incident reporting and information sharing , as well as facilitating the exchange of best practices between competent authorities in this regard ;


### the scope of the enquiry and the procedure to be followed in conducting such enquiry shall be agreed by the concerned member states and the agency and is without prejudice to any on - going criminal investigation concerning the same incident . the enquiry shall be concluded by a final technical report compiled by the agency in particular on the basis of information and comments provided by the concerned member states and undertaking and agreed with the concerned member states . a summary of the report focussing on the recommendations for the prevention of future incidents will be shared with the csirts network . ### the scope of the enquiry and the procedure to be followed in conducting such enquiry shall be agreed by the concerned member states and the agency and is without prejudice to any on - going criminal investigation concerning the same incident . such enquiry shall not interfere with the essential interests of the member states to safeguard their national security . the enquiry shall be concluded by a final technical report compiled by the agency in particular on the basis of information and comments provided by the concerned member states and undertaking and agreed with the concerned member states . a summary of the report focussing on the recommendations for the prevention of future incidents will be shared with the csirts network .


### pool , organise and make available to the public , through a dedicated portal , information on cybersecurity , provided by the union institutions , agencies and bodies ; ### pool , organise and make available to the public , through a dedicated portal , information on cybersecurity , provided by the union institutions , agencies and bodies and made available by member states and public and private stakeholders ;


### organise , in cooperation with the member states and union institutions , bodies , offices and agencies regular outreach campaigns to increase cybersecurity and its visibility in the union . ### organise , in cooperation with the member states , union institutions , bodies , offices , agencies regular and industry outreach campaigns to increase cybersecurity and its visibility in the union .


### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , providers of electronic communications networks or services available to the public , consumer groups , academic experts in the cybersecurity , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities . ### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , providers of electronic communications networks or services available to the public , consumer groups , the european standardisation organisations , academic experts in the cybersecurity , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities .


### the court of auditors shall have the power of audit , on the basis of documents and on the spot , over all grant beneficiaries , contractors and subcontractors who have received union funds from the agency . ### the court of auditors shall have the power of audit , on the basis of documents and on the spot inspections , over all grant beneficiaries , contractors and subcontractors who have received union funds from the agency .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group and the permanent stakeholders’ group . the group and the permanent stakeholders’ group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . where relevant , enisa may in addition set up a certification stakeholder working group , composed of members of the permanent stakeholders’ group and any other relevant stakeholders , to provide expert advice on areas covered by a specific candidate scheme .


### the assurance levels basic , substantial and high shall meet the following criteria respectively : ### the assurance levels basic , substantial and high shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a corresponding degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to decrease the risk of cybersecurity incidents ; the assurance level shall be defined on a case by case basis .


### identification of national cybersecurity certification schemes covering the same type or categories of ict products and services ; ### identification of national cybersecurity certification schemes , pursuant to article 49 , covering the same type or categories of ict products and services ;


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued for a maximum period determined on a case by case basis for each scheme and may be renewed provided that the relevant requirements continue to be met .


### this directive shall apply to emissions of the pollutants referred to in annex i from all sources occurring in the territory of the member states , their exclusive economic zones and pollution control zones . ### this directive shall apply to emissions of the pollutants referred to in annex i from all anthropogenic sources occurring in the territory of the member states , their exclusive economic zones and pollution control zones .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . containment of non - methane compounds and methane must be placed in the wider context of greenhouse gas emission reduction .


### the delegation of power referred to in articles 6 , 7 and 8 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in articles 5 and , 6 , 7 and 8 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive .


### member states shall establish a national advisory code of good agriculural practice for reducing ammonia emissions , based on the 2001 unece framework code for good agricultural practice for reducing ammonia emissions3 , covering at least the following items : __________________ decision ece / eb . air / 75 , paragraph 28a ### member states shall establish a national advisory code of good agriculural practice for reducing ammonia emissions , based on the 2001 unece framework code for good agricultural practice for reducing ammonia emissions3 . the national advisory code may include the following items : __________________ decision ece / eb . air / 75 , paragraph 28a


### member states shall reduce ammonia emissions from inorganic fertilizers by using the following approaches : ### member states shall , to the extent necessary , following the national commitments in annex ii , reduce ammonia emissions from inorganic fertilizers by using the following approaches :


### member states shall ensure that their network of monitoring sites is representative of their fresh water , natural and semi - natural as well as forest ecosystems types . ### member states shall ensure that their network of monitoring sites is representative of their fresh water , natural and semi - natural ecosystems types .


### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation of those principles is further developed by the union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers . ### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation and enforcement of those principles are further developed by the union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers and ensuring freedom of labour mobility in the internal market .


### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation of those principles is further developed by the union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers . ### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation of those principles is further developed by the union aimed at guaranteeing a level playing field for businesses and fighting unfair competition while ensuring the respect for the rights of workers . the difference in wages or salaries and the access to capital should not , alone , be considered to be unfair competition .


### according to article 3 teu , the union shall promote social justice and protection . article 9 tfeu gives the union the task to promote a high level of employment , to guarantee an adequate social protection and to combat social exclusion . ### according to article 3 teu , the union shall promote social justice and protection . article 9 tfeu gives the union the task to promote a high level of employment , to guarantee an adequate social protection and to combat social exclusion through high levels of education , training and protection of human health .


### almost twenty years after its adoption , it is necessary to assess whether the posting of workers directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers . ### almost twenty years after its adoption and in view of the numerous instances of fraud , as well as of unsuitable national law , the posting of workers directive does not yet strike the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers .


### because of the highly mobile nature of work in international road transport , the implementation of the posting of workers directive raises particular legal questions and difficulties . it would be most suited for these challenges to be addressed through sector - specific legislation together with other eu initiatives aimed at improving the functioning of the internal road transport market . ### because of the highly mobile nature of work in international transport , the posting of workers raises particular legal questions and difficulties . the commission has announced that it will address this issue through sector - specific legislation and by that means exempt this sector from the provisions of directive 96 / 71 / ec . therefore , transport services such as transit , international transport and linked cabotage are excluded from the scope of this directive .


### the elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers . it is therefore justified to impose on member states the obligation to publish the constituent elements of remuneration on the single website provided for by article 5 of the enforcement directive . ### the information on constituent elements of remuneration under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of article 3 should be clear , up to date , transparent and publicly available to all service providers . it is therefore justified to impose on member states the obligation to publish this information on the single website provided for by article 5 of the enforcement directive . social partners are also obliged to make public all collective agreements , which are applicable according to this directive . similarly , foreign subcontractors should be informed in writing about terms and conditions of employment that they should apply towards posted workers .


### directive 2008 / 104 / ec of the european parliament and of the council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job . this principle should also apply to temporary agency workers posted to another member state . ### directive 2008 / 104 / ec of the european parliament and of the council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job . it should be pointed out that fraud is now being uncovered in the form of ‘ double posting’ of temporary agency workers . increasing the number of agency workers makes the controls more complicated to carry out and dilutes the responsibilities . therefore , this principle should also apply to temporary agency workers posted to another member state . the user / supplier company shall accordingly provide the temporary agency in writing with clear , transparent and unambiguous information regarding the rules it applies in respect of working conditions and pay .


### minimum paid annual holidays ### minimum paid annual leave


### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration in accordance with point . ### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration , their geographic and personal scope and the method of calculation in accordance with point . for the purpose of calculating the sums due to a posted worker , double payments of equal or similar nature shall be avoided . a miscalculation or omission of payments to a posted worker resulting from inaccessible , incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities .


### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . ### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall cooperate with the nras to ensure a consistent regulatory approach to the implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union .


### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu1 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _______________ 1 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the related financing of terrorism and organised crime remain very significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union and undermining trust among market players . in order to tackle those serious and urgent problems and also reinforce the application of directive 2015 / 849 / eu1 , this directive aims to tackle money laundering by means of criminal law , allowing for better , faster and more efficient cross - border cooperation between competent authorities . ___________________ 1 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


### measures adopted solely at national or even at union level , without taking into account international coordination and cooperation , would have very limited effect . the measures adopted by the union in countering money laundering should therefore be compatible with , and at least as stringent as , other actions undertaken in international fora . ### measures adopted solely at national or even at union level , without taking into account international coordination and cooperation , have very limited effect . the current union legal framework is neither comprehensive nor sufficiently coherent to be fully effective . while the member states have criminalised money laundering , there are significant differences between them regarding the definition of money laundering , what constitutes predicate offences , and the level of sanctions . the differences in national legal frameworks can be exploited by criminals and terrorists , who can choose to carry out their financial transactions in member states where they perceive measures to counter money laundering to be weakest . the measures adopted by the union in countering money laundering should therefore be compatible with , and at least as stringent as , other actions undertaken in international fora . this would create a strengthened union legal framework making it possible to deal more effectively with terrorist funding and to reduce the threat from terrorist organisations by making it harder for them to finance their activities .


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . regardless of eu action in this field , eu member states who signed , but not ratified the convention yet , shall do so without delay .


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose without delay the requirements of that convention into its legal order .


### council framework decision 2001 / 500 / jha35lays down requirements on the criminalisation of money laundering . that framework decision is not comprehensive enough , however , and the current incrimination of money laundering is not sufficiently coherent to effectively combat money laundering across the union , thus leading to enforcement gaps and obstacles in the cooperation between the competent authorities in different member states . _________________ 35 council framework decision 2001 / 500 / jha of 26 june 2001 on money laundering , the identification , tracing , freezing , seizing and confiscation of instrumentalities and the proceeds of crime . ### council framework decision 2001 / 500 / jha35 lays down requirements on the criminalisation of money laundering . that framework decision is not comprehensive enough , however , and the current incrimination of money laundering is not sufficiently coherent to effectively combat money laundering across the union , thus leading to enforcement gaps and obstacles in the cooperation between the competent authorities in different member states . an example of this is the increase in cybercrimes linked to money laundering and to the use of digital currencies , a type of offence which in the past used hardly to exist . _________________ 35 council framework decision 2001 / 500 / jha of 26 june 2001 on money laundering , the identification , tracing , freezing , seizing and confiscation of instrumentalities and the proceeds of crime .


### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive . ### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should apply the crime of money laundering to all offences that are punishable with imprisonment of a level defined in this directive . to the extent that the application of these penalties thresholds does not already do so , member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . any kind of punishable involvement in the commission of a predicate offence or money laundering activity , such as participation in , association with or conspiracy to commit , attempts to commit and aiding , abetting , facilitating and counselling , should be considered as a criminal activity for the purposes of this directive . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive .


### where money laundering activity does not simply amount to the mere possession or use , but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , that activity should be punished separately . member states should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property . ### member states should thus ensure that certain types of money laundering activity are also punishable when committed by the perpetrator of the criminal activity through which the property was obtained . where , in such cases , money laundering activity does not simply amount to the mere possession or use , but also involves the transfer , conversion , concealing or disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , for example by putting into circulation the proceeds of criminal activity , thereby concealing the illegal provenance thereof , such activities should also be punishable .


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down in a catalogue minimum types and levels of clearly defined penalties when the criminal offences defined in this directive are committed . minimum types and levels of penalties should also be laid down with respect to inciting , aiding and abetting the commission of such criminal offences . member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems in the following circumstances : the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 ; the perpetrator abuses his or her professional position to enable money laundering ; the money or property being laundered is derived from terrorist activities as defined in directive 2017 / 541 of the european parliament or of the council37a or illicit arms trafficking ; or the offender is a politically exposed person as defined by directive 2015 / 849 or involved in corruption of elected officials . member states should calculate the amount of fines in accordance with the gross principle , i . e . based on the profit stemming from the criminal action without deducting any costs incurred , so as to ensure that the penalty is higher than the economic value of the crime . member states shall make arrangements for the effective implementation of those penalties . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , 37a directive 2017 / 541 of the european parliament or of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


### terrorism , including any of the offences set out in directive 2017 / xx / eu40 ; _________________ 40 directive 2017 / xx / eu of the european parliament and of the council of x x 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha on combating terrorism . ### terrorism , including any of the offences set out in directive 2017 / 541 / eu40 ;


### the offender has a contractual relationship and a responsibility towards an obliged entity or is an obliged entity within the meaning of article 2 of directive 2015 / 849 / eu and has committed the offence in the exercise of their professional activities . ### the offender has a contractual relationship and a responsibility towards an obliged entity or is an obliged entity within the meaning of article 2 of directive 2015 / 849 / eu and has committed the offence in the exercise of their professional activities ; or


### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for the benefit of that legal person by a person under its authority . ### member states shall ensure that legal persons can be held liable where serious negligence , lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for the benefit of that legal person by a person under its authority .


### the exclusion of that legal person from entitlement to public benefits or aid ; ### exclusion from entitlement to public benefits or aid ;


### the exclusion of that legal person from entitlement to public benefits or aid ; ### the exclusion of that legal person from entitlement to public benefits or aid&#160 ; including&#160 ; eu programmes or funds ;


### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . ### each member state shall ensure that specific training and effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . such tools and training need to be adapted to the latest evolutions in the field of cybercrime and money laundering , including by using bitcoins , cryptocurrencies and ransomeware attacks . 1b . each member state shall ensure that their competent authorities freeze or confiscate , as appropriate , in accordance with directive 2014 / 42 / eu of the european parliament and of the council , the property derived from and the instrumentalities used in committing or attempting to commit any of the offences referred to in this directive . the provisions of paragraph 2 apply irrespective of the fact that a natural or a legal person has committed the laundering of proceeds or the predicate offence .


### principle 10 of the european pillar of social rights43 , proclaimed at gothenburg on 17 november 2017 , provides that every worker has the right to healthy , safe and well - adapted work environment . the right to a high level of protection of the health and safety at work , as well as to a working environment adapted to the professional needs of workers and which enables them to prolong their participation in the labour market includes also protection from carcinogens and mutagens at the workplace . __________________ 43 european pillar of social rights , november 2017 , https : / / ec . europa . eu / commission / priorities / deeper - and - fairer - economic - and - monetary - union / european - pillar - social - rights_en ### one of the top social policy objectives of the european union is to avoid social fragmentation and social dumping in europe through renewed convergence towards better living and working conditions in the union . it is also one of the objectives of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , of which principle 10 provides that every worker has the right to healthy , safe and well - adapted work environment . the right to a high level of protection of the health and safety at work , as well as to a working environment adapted to the professional needs of workers and which enables them to prolong their participation in the labour market includes also protection from carcinogens and mutagens at the workplace . __________________ 43 european pillar of social rights , november 2017 , https : / / ec . europa . eu / commission / priorities / deeper - and - fairer - economic - and - monetary - union / european - pillar - social - rights_en


### this directive strengthens the protection of workers’ health and safety at their workplace . new limit values should be set out in directive 2004 / 37 / ec in the light of available information , including new scientific and technical data and evidence - based best practices , techniques and protocols for exposure level measurement at the workplace . that information should , if possible , include data on residual risks to the health of workers , recommendations of the scientific committee on occupational exposure limits and opinions of the committee for risk assessment of the european chemicals agency , as well as opinions of the advisory committee on safety and health at work . information related to residual risk , made publicly available at union level , is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens . transparency of such information should be further encouraged . ### the level of protection laid down by directive 2004 / 37 / ec is constantly monitored and subject to regular reviews and updates , revealing the need for amendments to improve health and safety at the workplace . new limit values should accordingly be set out in directive 2004 / 37 / ec in the light of available information , including new scientific and technical data and evidence - based best practices , techniques and protocols for exposure level measurement at the workplace . that information should , if possible , include data on residual risks to the health of workers , recommendations of the scientific committee on occupational exposure limits and opinions of the committee for risk assessment of the european chemicals agency , as well as opinions of the advisory committee on safety and health at work . information related to residual risk , made publicly available at union level , is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens . measures to guarantee the transparency of such information should be further encouraged .


### it is also necessary to consider other absorption pathways than inhalation of all carcinogens and mutagens , including the possibility of uptake through the skin , in order to ensure the best possible level of protection . amendments to annex iii to directive 2004 / 37 / ec provided for in this directive constitute a further step in a longer term process initiated to update directive 2004 / 37 / ec . ### it is also necessary , in the light of scientific data , to consider other absorption pathways than inhalation of all carcinogens and mutagens , including observations regarding the possibility of uptake through the skin or greater sensitivity of the skin or respiratory tracts in order to ensure the best possible level of protection . amendments to annex iii to directive 2004 / 37 / ec provided for in this directive constitute a further step in a longer term process initiated to update directive 2004 / 37 / ec .


### this regulation sets up a mechanism to allow for the application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project . ### this regulation sets up a mechanism to allow , in the event of commitment , for the possible application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project . in the case of a declaration , the rules of procedure for the mechanism are applicable .


### ' cross - border region ' means the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions ; ### ' cross - border region ' means the territory covered by neighbouring land border or sea border regions in two or more member states at nuts level 3 regions ;


### member state shall either opt for the mechanism or opt for existing ways to resolve legal obstacles hampering the implementation of a joint project in cross - border regions on a specific border with one or more neighbouring member states . ### member state shall either opt for the mechanism or opt for other ways to resolve legal obstacles hampering the implementation of a joint project in cross - border regions on a specific border with one or more neighbouring member states in respect of the commitment .


### a member state may also decide , with regard to a specific border with one or more neighbouring member states , to join an existing effective way set up formally or informally by one or more neighbouring member states . ### a member state may , with regard to a specific border with one or more neighbouring member states , join an existing effective way set up formally or informally by one or more neighbouring member states or shall apply the mechanism in respect of the declaration .


### by dd mm yyyy [ i . e . the 1st of the month following the entry into force of this regulation + five years ; to be filled in by the publication office ] , the commission shall present a report to the european parliament , the council and the committee of the regions assessing the application of this regulation based on indicators on its effectiveness , efficiency , relevance , european added value and scope for simplification . ### by dd&#160 ; mm&#160 ; yyyy [ i . e . the 1st of the month following the entry into force of this regulation + five years ; to be filled in by the publication office ] , the commission shall present a report to the european parliament , the council and the committee of the regions assessing the application of this regulation based on indicators on its effectiveness , efficiency , relevance , european added value and scope for simplification . the report will make particular reference to this regulation ' s geographical scope of applicability and the breadth of its subject - area scope of applicability . 2 . before the report is prepared , an official consultation shall be carried out with the various actors involved , including local and regional authorities .


### temporary admission of cultural goods for educational , scientific or academic research purposes should not be subject to the presentation of a licence or of a statement . ### temporary admission of cultural goods for educational , scientific , restoration , conservation and academic research purposes and for the purpose of cooperation between museums or similar public non - profit institutions for the organisation of cultural exhibitions should not be subject to the presentation of a licence or of a statement . the cultural goods to be presented at commercial fairs and international art fairs should not be subject to the presentation of a licence or a statement . however , should the cultural goods be acquired and remain within the territory of the union , they should be subject to the presentation of a licence or a statement , depending on the category of the cultural goods .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , which should be done while guaranteeing adequate conservation conditions , having due regard to the particular nature of the cultural goods . those modalities should also apply to the electronic standardised templates for import licence applications and forms , as well as for electronic importer statements and their accompanying documents , as well as to further procedural rules on their electronic submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . implementing powers should also be conferred on the commission to establish a regularly updated list of conflict - affected and high - risk countries . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the entry into the eu customs area of cultural goods which have been exported from a third country in violation of its national legislation is prohibited . if the national laws of this country require an export certificate , the import shall only be authorised on presentation of this document and an import license issued under article 4 or an importer statement of the kind described under article 5 . if the national laws of this country do not require an export certificate , the import of cultural goods shall be authorised only on presentation of an import license issued under article 4 or an importer statement of the kind described under article 5 .


### importer statement ### extended description


### where member states restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit , they shall communicate the details of those customs offices as well as any changes in that respect to the commission . ### where member states restrict the number of customs offices competent to import cultural goods , they shall communicate the details of those customs offices as well as any changes in that respect to the commission . even though the number of customs offices is restricted , member states shall ensure that the holders of the goods or the importers have sufficient access to these offices .


### setting a benchmark for the share of zero - and low - emission vehicles in the eu fleet together with a well - designed mechanism for adjusting a manufacturer ' s specific co2 target based on the share of zero - and low - emission vehicles in the manufacturer ' s own fleet should provide a strong and credible signal for the development and deployment of such vehicles while still allowing for the further improvement of the efficiency of the conventional internal combustion engines . ### setting a benchmark for the share of zero - and low - emission vehicles in the eu fleet together with a well - designed mechanism for adjusting a manufacturer ' s specific co2 target should be based on a technologically - neutral choice and should provide a strong and credible signal for the development and deployment of such vehicles while still allowing for the further improvement of the efficiency of the conventional internal combustion engines . furthermore , in order to create a link between the deployment of more renewables into transport , the amount of renewable fuels distributed at the station that the vehicles use should be acknowledged by offering a specific benefit in means of a correction factor at the monitoring and reporting phase .


### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes . ### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes .


### category n1 as defined in annex ii to directive 2007 / 46 / ec with a reference mass not exceeding 2 610 kg and category n1 to which type - approval is extended in accordance with article 2 of regulation no 715 / 2007 which are registered in the union for the first time and which have not previously been registered outside the union . ### category n1 as defined in annex ii to directive 2007 / 46 / ec with a reference mass not exceeding 2 610 kg and category n1 to which type - approval is extended in accordance with article 2 of regulation no 715 / 2007 and m1 vehicles derived from n1 vehicles which are registered in the union for the first time and which have not previously been registered outside the union . .


### the commission may adjust the cap with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 . ### the commission may adjust the cap with effect from 2021 onwards . the commission will also propose a system of incentives for placing on the market renewably - produced progressive alternative fuels which should come into operation by 2025 . at the same time as these proposals , the commission will also set out in a notification the procedure for converting this regulation to a life - cycle approach for the post - 2030 period . those adjustments shall be performed by means of delegated acts in accordance with article 16 , with the exception of the shift to a life - cycle approach , which will be undertaken in the context of the ordinary legislative procedure .


### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union . ### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union , access to which should be fostered by a multilingual and decentralised approach , to support effective dissemination of information .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . the investment committee as a whole shall have extensive expertise in relation to the general objectives listed in article 5 to .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of , inter alia , people , goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by certain private parties putting in place obstacles inconsistent with the principles and freedoms of the internal market . that occurs where certain traders operating in one member state block or limit access to their online interfaces , such as websites and apps , for consumers and / or undertakings from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers and / or undertakings from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . this practice undermines the core purpose of the internal market , lowers consumers options and the level of competition .