### the commission and the member states shall take the necessary measures so that information received by them under union food law for which confidential treatment has been requested is not made public until a decision on the confidentiality request has been taken by the authority and has become definitive . the commission and the member states shall also take the necessary measures so that information for which confidential treatment has been accepted by the authority is not made public . ### the commission and the member states shall take the necessary measures so that information received by them under union food law is not made public until a decision on the confidentiality request has been taken by the authority and its scientific opinion has been published . the commission and the member states shall also take the necessary measures so that information for which confidential treatment has been accepted by the authority is not made public .


### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available , unless there is an overriding public interest . ### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available .


### for the purposes of article 38 and in order to ensure the efficient processing of requests to the authority for a scientific output , standard data formats and software packages shall be adopted to allow documents to be submitted , searched , copied and printed , while ensuring compliance with regulatory requirements set out in union food law . these draft standard data formats and software packages shall not be based on proprietary standards and shall ensure interoperability with existing data submission approaches to the extent possible . ### for the purposes of article 38 and in order to ensure the efficient processing of requests to the authority for a scientific output , standard data formats and software packages shall be adopted to allow documents to be submitted , searched , copied and printed , while ensuring compliance with regulatory requirements set out in union food law and feasibility for small and medium - sized enterprises . these draft standard data formats and software packages shall not be based on proprietary standards and shall ensure interoperability with existing data submission approaches to the extent possible .


### the information systems operated by the authority to store its data , including confidential and personal data shall be designed to a high level of security appropriate to the security risks at stake , taking into account articles 39 to 39f of this regulation . access shall be based at the minimum on a system requiring two factor authentication or providing an equivalent level of security . the system shall ensure that any access to it is fully auditable . ; ### the information systems operated by the authority to store its data , including confidential and personal data shall be designed in a way that guarantees that the highest standards of security appropriate to the security risks at stake will be attained , taking into account articles 39 to 39f of this regulation . access shall be based at the minimum on a system requiring two factor authentication or providing an equivalent level of security . the system shall ensure that any access to it is fully auditable . ;


### the commission shall report to the european parliament , the council and the management board on the evaluation findings . the findings of the evaluation shall be made public . ### the evaluations and recommendations referred to in paragraphs 1 and 2 shall be forwarded to the council and the european parliament , and shall be made public .


### not later than five years after the date referred to in article [ entry into force of the regulation amending the gfl ] , and every five years thereafter , the commission shall assess the authority’s performance in relation to its objectives , mandate , tasks , procedures and location , in accordance with commission guidelines . the evaluation shall address the possible need to modify the mandate of the authority , and the financial implications of any such modification . ### not later than five years after the date referred to in article [ entry into force of the regulation amending the gfl ] , and every five years thereafter , the authority jointly with the commission shall commission an independent evaluation of their performance in relation to their objectives , mandates , tasks , procedures and locations . the evaluation shall address the possible need to modify the mandate of the authority , and the financial implications of any such modification . the evaluation shall take into account the views of the stakeholders , at both community and national level .


### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions and opinions from the competent authorities referred to in article 4 of directive 2001 / 18 / ec , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and taking into account article 30 of this regulation . ### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , at the same time as its scientific opinion and opinions from the competent authorities referred to in article 4 of directive 2001 / 18 / ec , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and taking into account article 30 of this regulation . .


### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions and opinions from the competent authorities referred to in article 4 of directive 2001 / 18 / ec , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and taking into account article 30 of this regulation . ### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant and the opinions from the competent authorities referred to in article 4 of directive 2001 / 18 / ec , at the same time as its scientific opinion , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and taking into account article 30 of this regulation .


### where the commission requests its opinion in accordance with article 3 of this regulation , the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions , in accordance with article 38 , articles 39to 39f and article 40 of regulation no 178 / 2002 . it shall also make public any request for its opinion as well as any extension of period pursuant to article 6 of this regulation . ### where the commission requests its opinion in accordance with article 3 of this regulation , the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , when it publishes its scientific opinion , in accordance with article 38 , articles 39to 39f and article 40 of regulation no 178 / 2002 . it shall also make public any request for its opinion as well as any extension of period pursuant to article 6 of this regulation .


### this article is without prejudice to directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information ### in article 63 , paragraph 3 is replaced by the following : 3 . this article is without prejudice to directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information and to regulation no 1049 / 2001 and regulation no 1367 / 2006 .


### ' 7 . paragraph 5 and 6 shall not apply to the contribution of the union to entities which are subject to a separate discharge procedure under articles 208 . ### article 60 is replaced by the following : ' 7 . paragraph 5 and 6 shall not apply to the contribution of the union to entities which are subject to a separate discharge procedure under articles 208 and 209 . ’


### each year the institution shall forward a report to the european parliament and the council containing a summary of the number and type of internal audits carried out , the recommendations made and the action taken on those recommendations . ### article 99 is replaced by the following : ' 5 . each year the institution shall report to the european parliament and the council on internal audits carried out , the recommendations made and the action taken on those recommendations . '


### except for cases provided for in point of paragraph 1 , the contracting authority may decide not to exclude the economic operator concerned where it has taken remedial measures to demonstrate its reliability . ### except for cases provided for in point of paragraph 1 , the panel may decide not to exclude the economic operator concerned where it has taken remedial measures to demonstrate its reliability .


### the candidate or tenderer meets the selection criteria specified in the procurement documents . ### the candidate or tenderer meets the selection criteria specified in the procurement documents and is not subject to conflicting interests which may negatively affect the performance of the contract .


### the court of auditors shall transmit to the commission and the institutions concerned by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . ### article 162 is replaced by the following : ' 1 . the court of auditors shall transmit to the commission and the institutions concerned by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . they shall nevertheless be published in the end of the adversarial procedure . '


### the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . ### article 162 is replaced by the following : ' 1 . the court of auditors shall transmit to the commission and the institutions concerned , by 30 june , any observations which are , in its opinion , such that they should appear in the annual report . those observations shall remain confidential and shall be subject to an adversarial procedure . they shall nevertheless be made available to the european parliament on request , if appropriate on a confidential basis . each institution shall address its reply to the court of auditors by 15 october . the replies of institutions other than the commission shall be sent to the commission at the same time . '


### the european parliament , upon a recommendation from the council acting by qualified majority , shall , before 15 may of year n + 2 , give a discharge to the commission in respect of the implementation of the budget for year n . 2 . if the date provided for in paragraph 1 cannot be met , the european parliament or the council shall inform the commission of the reasons for the postponement . 3 . if the european parliament postpones the decision giving a discharge , the commission shall make every effort to take measures , as soon as possible , to remove or facilitate removal of the obstacles to that decision . ### article 164 is replaced by the following : ' 1 . the european parliament , upon a recommendation from the council acting by qualified majority , shall , before 15 may of year n + 2 , give a discharge in respect of the implementation of the budget for year n to the union institutions and the bodies referred to in articles 208 and 209 . 2 . if the date provided for in paragraph 1 cannot be met , the european parliament or the council shall inform the institutions and bodies concerned of the reasons for the postponement . 3 . if the european parliament postpones the decision giving a discharge , the institutions and bodies concerned shall make every effort to take measures , as soon as possible , to remove or facilitate removal of the obstacles to that decision . '


### the commission shall submit to the european parliament , at the latter’s request , any information required for the smooth application of the discharge procedure for the financial year concerned , in accordance with article 319 tfeu . ### article 165 is replaced by the following : ' 3 . the union institutions and bodies shall submit to the european parliament , at the latter’s request , any information required for the smooth application of the discharge procedure for the financial year concerned , in accordance with article 319 tfeu . '


### in accordance with article 319 tfeu and article 106a of the euratom treaty , the commission and the other institutions shall take all appropriate steps to act on the observations accompanying the european parliament ' s discharge decision and on the comments accompanying the recommendation for discharge adopted by the council . 2 . at the request of the european parliament or the council , the institutions shall report on the measures taken in the light of those observations and comments , and , in particular , on the instructions they have given to any of their departments which are responsible for the implementation of the budget . the member states shall cooperate with the commission by informing it of the measures they have taken to act on those observations so that the commission may take them into account when drawing up its own report . the reports from the institutions shall also be transmitted to the court of auditors . ### article 166 is replaced by the following : ' 1 . in accordance with article 319 tfeu and article 106a of the euratom treaty , the commission and the other institutions and bodies shall take all appropriate steps to act on the observations accompanying the european parliament’s discharge decision and on the comments accompanying the recommendation for discharge adopted by the council . 2 . at the request of the european parliament or the council , the institutions and bodies shall report on the measures taken in the light of those observations and comments , and , in particular , on the instructions they have given to any of their departments which are responsible for the implementation of the budget . the member states shall cooperate with the commission by informing it of the measures they have taken to act on those observations so that the commission may take them into account when drawing up its own report . the reports from the institutions shall also be transmitted to the court of auditors . '


### article 209 model financial regulation for public - private partnership bodies the bodies having legal personality set up by a basic act and entrusted with the implementation of a public - private partnership shall adopt their financial rules . those rules shall include a set of principles necessary to ensure sound financial management of union funds . the commission shall be empowered to adopt a model financial regulation by means of a delegated act in accordance with article 210 which shall lay down the principles necessary to ensure sound financial management of union funds and which shall be based on article 60 . the financial rules of those bodies shall not depart from the model financial regulation except where their specific needs so require and with the commission ' s prior consent . ### article 209 is replaced by the following : ' article 209 model financial regulation for public - private partnership bodies the bodies having legal personality set up by a basic act and entrusted with the implementation of a public - private partnership shall adopt their financial rules . those rules shall include a set of principles necessary to ensure sound financial management of union funds . the commission shall be empowered to adopt a model financial regulation by means of a delegated act in accordance with article 210 which shall lay down the principles necessary to ensure sound financial management of union funds and which shall be based on article 60 . the financial rules of those bodies shall not depart from the model financial regulation except where their specific needs so require and with the commission’s prior consent . 2 . discharge for the implementation of the budgets of the bodies referred to in paragraph 1 , shall be given by the european parliament on the recommendation of the council . the bodies referred to in paragraph 1 shall fully cooperate with the institutions involved in the discharge procedure and provide , as appropriate , any additional necessary information , including through attendance at meetings of the relevant bodies . 3 . an independent external auditor shall verify that the annual accounts of each of the bodies referred to in paragraph 1 properly present the income , expenditure and financial position of the relevant body prior to the consolidation in the commission’s final accounts or by the date set in the financial rules of the relevant bodies . unless otherwise provided in the basic act referred to in paragraph 1 , the court of auditors shall prepare a specific annual report on each body in line with the requirements of article 287 tfeu . in preparing this report , the court shall consider the audit work performed by the independent external auditor and the action taken in response to the auditor’s findings . ’


### ' a more connected europe by enhancing mobility and regional ict connectivity ' by : ### ' a more connected europe by enhancing mobility and regional connectivity ' by :


### with regard to programmes under the investment for jobs and growth goal for the outermost regions , they shall be classified as falling within group 3 . ### with regard to programmes under the investment for jobs and growth goal for the outermost regions , they shall be classified as falling within group 2 .


### at least 6% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 . ### at least 10% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 .


### support of capacity - building ; ### support of capacity - building at subnational level ;


### support of knowledge , policy development and communication . ### support of knowledge , territorial impact assessments , policy development and communication .


### in public procurement , directives 2014 / 25 / eu19 , 2014 / 24 / eu20 and 2014 / 23 / eu21 of the european parliament and of the council of 28 march 2014 require member states to implement electronic procurement . they state that the tools and devices to be used for communicating by electronic means , as well as their technical characteristics , have to be interoperable with the information and communication technology products in general use . moreover , directive 2014 / 55 / eu22 on electronic invoicing in public procurement adopted by the parliament on 11 march 2014 concerns the development of a european standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the eu . __________________ 19 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . oj l 94 , 28 . 3 . 2014 , p243 . 20 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . oj l 94 , 28 . 3 / . 014 , p65 - 242 . 21 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . oj l 94 , 28 . 3 . 2014 , p1 - 64 . 22directive 2014 / 55 / eu of the european parliament and of the council of 16 april 2014 on electronic invoicing in public procurement . oj l 133 , 6 . 5 . 2014 , p . 1 . ### in public procurement , directives 2014 / 25 / eu19 , 2014 / 24 / eu20 and 2014 / 23 / eu21 of the european parliament and of the council of 28 march 2014 require member states to implement electronic procurement to improve the efficiency and transparency of public procurement procedures . they state that the tools and devices to be used for communicating by electronic means , as well as their technical characteristics , have to be interoperable with the information and communication technology products in general use . this means immense budgetary savings and the establishment of a level playing field , in particular for small and medium - sized enterprises and entrepreneurs . moreover , directive 2014 / 55 / eu22 on electronic invoicing in public procurement adopted by the parliament on 11 march 2014 concerns the development of a european standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the eu . __________________ 19 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . oj l 94 , 28 . 3 . 2014 , p243 . 20 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . oj l 94 , 28 . 3 / . 014 , p65 - 242 . 21 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . oj l 94 , 28 . 3 . 2014 , p1 - 64 . 22 directive 2014 / 55 / eu of the european parliament and of the council of 16 april 2014 on electronic invoicing in public procurement . oj l 133 , 6 . 5 . 2014 , p . 1 .


### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises . in order to mitigate this risk , member states and the union should step up joint efforts to avoid market fragmentation and ensure cross - border or cross - sector interoperability in the implementation of legislation , while reducing administrative burdens and costs , and promote commonly agreed ict solutions , while ensuring appropriate governance . ### a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e - barriers that impede the proper functioning of the internal market and the associated freedoms of movement , and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises . in order to mitigate this risk , member states and the union should step up joint efforts to avoid market fragmentation and ensure cross - border or cross - sector interoperability in the implementation of legislation , while reducing administrative burdens and costs , and promote commonly agreed ict solutions , while ensuring appropriate governance . security of data use and cloud storage should also be covered by the isa2 programme .


### the isa2 programme should be an instrument for public - sector modernisation in the union . ### the isa2 programme should promote public - sector modernisation in the union , facilitating connections within public administrations and between public administrations and other sectors .


### interoperability is directly connected with , and dependent on the use of , standards and common specifications . the isa2 programme should promote and , where appropriate , support the partial or full standardisation of existing interoperability solutions . this should be achieved in cooperation with other standardisation activities at union level , european standardisation organisations and other international standardisation organisations . ### the lack of interoperability often undermines the implementation of digital end - to - end services and the development of one - stop shops for businesses and citizens . interoperability is directly connected with , and dependent on the use of , open standards and common specifications . the isa2 programme should promote and , where appropriate , support the partial or full standardisation of existing interoperability solutions . this should be achieved in cooperation with other standardisation activities at union level , european standardisation organisations and other international standardisation organisations .


### the objectives of this decision are to facilitate efficient and effective electronic cross - border or cross - sector interaction between european public administrations and between them and citizens and businesses , to enable the delivery of electronic public services supporting the implementation of union policies and activities . since this cannot be sufficiently achieved by the member states acting alone because the coordination function at the european level would be difficult and costly to set up at the level of the member states by member states themselves and can therefore , by reason of the scale and effects of the proposed action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article l , this decision does not go beyond what is necessary in order to achieve those objectives . ### the objectives of this decision are to facilitate efficient and effective electronic cross - border or cross - sector interaction between european public administrations and between them and citizens and businesses , to enable the delivery of electronic public services supporting the implementation of union policies and activities . this decision should also promote economic growth , creating new work opportunities through a timely use and development of ict services and infrastructures . since this cannot be sufficiently achieved by the member states acting alone because the coordination function at the european level would be difficult and costly to set up at the level of the member states by member states themselves and can therefore , by reason of the scale and effects of the proposed action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article l , this decision does not go beyond what is necessary in order to achieve those objectives ,


### ' interoperability ' means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals , involving the sharing of information and knowledge between the organisations , through the business processes they support , by means of the exchange of data between their respective information and communication technology systems ; ### ' interoperability ' means the ability of different organisations to interact towards mutually beneficial and agreed common goals , involving the sharing of information and knowledge between the organisations , through the business processes they support , by means of the exchange of data between their respective information and communication technology systems ;


### ’interoperability solutions’ means common frameworks , common services and generic tools facilitating cooperation between disparate and diverse organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ; ### ’interoperability solutions’ means common frameworks , common services and functional tools facilitating cooperation between different organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ;


### ‘ common frameworks’ means specifications , standards , methodologies , guidelines , common semantic assets and similar approaches and documents ; ### ‘ common frameworks’ means common reference architecture , specifications , standards , methodologies , guidelines , common semantic assets and similar approaches and documents ;


### in addition , the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ’solution bridge’ , operating existing interoperability solutions . ### in addition , the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ’solution bridge’ , operating existing interoperability solutions , and provide information and training on the importance and utilisation of interoperability solutions throughout the union .


### actions in the form of projects shall , where appropriate , consist of the following phases : ### where appropriate , actions in the form of projects may consist of multiple phases :


### the phases of specific projects shall be defined and specified at the time when the action is included in the rolling work programme . ### the phases of specific projects may be defined and specified at the time when the action is included in the rolling work programme . it shall be possible to terminate a project at any point if it is no longer needed or considered effective .


### at the start of the isa2 programme , the commission shall adopt implementing acts establishing a rolling work programme and amending it at least once a year , for the implementation of actions for the entire period of application of this decision . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 10 . ### at the start of the isa2 programme , the commission shall adopt implementing acts establishing a rolling work programme and amending it at least once a year , where necessary , for the implementation of actions for the entire period of application of this decision . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 10 .


### the evaluations shall examine issues such as the relevance , effectiveness , efficiency , utility , sustainability and coherence of programme actions . the final evaluation shall , in addition , examine the extent to which the programme has achieved its objective . ### the findings drawn from the interim evaluation of the evaluations shall examine issues such as the relevance , effectiveness , efficiency , utility , sustainability and coherence of programme actions . the final evaluation shall , in addition , examine the extent to which the programme has achieved its objective ; particular attention should be paid to the needs expressed by the users of that programme .


### the evaluations shall also examine the benefits of the actions to the union for the advancement of common policies , identify areas for potential improvement and verify synergies with other union initiatives in the area of cross - border or cross - sector interoperability and the modernisation of european public administrations . ### the evaluations shall also examine the benefits of the actions to the union for the advancement of common policies , identify areas for potential improvement and verify synergies with other union initiatives in the area of cross - border or cross - sector interoperability and the modernisation , simplification and efficiency of european public administrations .


### five years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks . the commission shall submit the results of this evaluation to the european parliament and to the council . ### five years after the entry into force of this regulation , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks . the commission shall submit the results of this evaluation to the european parliament and to the council . based on the results of evaluation , plan shall be revised and / or prolonged .


### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , nationality , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility . ### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean , safe and sustainable multimodal urban mobility .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , adjustment to structural change , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions .


### developing a sustainable , climate resilient , intelligent , secure and intermodal ten - t ; ### developing a sustainable , climate resilient , intelligent , secure and intermodal ten - t , particularly the secondary network thereof ;


### developing sustainable , climate resilient , intelligent and intermodal national , regional and local mobility , including improved access to ten - t and cross - border mobility ; ### developing sustainable , climate resilient , intelligent and intermodal national , regional and local mobility , including improved access to ten - t and cross - border mobility , including in the outermost regions and the links between them and the internal market ;


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic and environmental development , cultural heritage , the tourism sector and security in urban areas ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering the integrated social , economic and environmental local development , cultural heritage , the tourism sector and security , including for rural , coastal and remote island areas and the outermost regions , also through community - led local development .


### member states of group 1 shall allocate at least 85&#160 ; % of their total erdf resources under priorities other than for technical assistance to po&#160 ; 1 and po&#160 ; 2 , and at least 60&#160 ; % to po&#160 ; 1 ; ### member states of group 1 shall allocate at least 70% of their total erdf resources under priorities other than for technical assistance to po&#160 ; 1 and po&#160 ; 2 , at least 50 % to po 1 and at least 20% to po&#160 ; 4 ;


### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 . ### member states of group 3 shall allocate at least 35 % of their total erdf resources under priorities other than for technical assistance to po 1 , at least 30 % to po 2 and 15 % to po 4 ;


### in order to contribute to the specific objective under po 1 set out in point of article 2 , the erdf shall also support training , life long learning and education activities . ### in order to contribute to the specific objective under po 1 set out in point of article 2 and the specific objective under po 4 set out in point of article 2 , the erdf shall also support training , lifelong learning and education activities .


### investments in ten - t ; ### investments in infrastructure and mobility ;


### the specific additional allocation for the outermost regions shall be used to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints to their development listed in article 349 of the tfeu . ### article 3 shall not apply to the specific additional allocation for the outermost regions . the specific additional allocation for the outermost regions shall be used to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints to their development listed in article 349 of the tfeu .


### ' a smarter europe by promoting innovative and smart economic transformation ' by : ### ' a competitive and a smarter europe by strengthening its economic , social and territorial cohesion and by promoting innovative and smart economic transformation ' by :


### a smarter europe by promoting innovative and smart economic transformation ### a competitive and a smarter europe by strengthening its economic , social and territorial cohesion and by promoting innovative and smart economic transformation


### detailed rules concerning the payment of the daily subsistence allowance of members of the european border and coast guard teams shall be established and updated as necessary by the management board . ### detailed rules concerning the payment of the daily subsistence allowance of members of the european border and coast guard teams shall be established and updated as necessary by the management board on proposal from the commission .


### union citizens and civil society actors have raised awareness with respect to companies operating under the union ' s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of minerals from conflict regions . the consequence is that such minerals , potentially present in consumer products , link consumers to conflicts outside the union . to this end , citizens have requested , notably through petitions , that legislation be proposed to the european parliament and the council holding companies accountable under the guidelines as established by the un and oecd . ### union citizens and civil society actors have raised awareness with respect to companies operating under the union ' s jurisdiction for not being held accountable for their potential connection to the extraction and trade of minerals from conflict regions . accordingly , citizens have requested , notably through petitions , that legislation be proposed to the european parliament and the council requiring companies to account for their activities under the guidelines as established by the un and oecd .


### in the context of this regulation , supply chain due diligence is an on - going , proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they do not contribute to conflict and adverse impacts thereof . ### in the context of this regulation , supply chain due diligence is an on - going , proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they do not contribute to conflict and adverse impacts thereof . this regulation should ensure that the nexus between conflict and illegal exploitation is broken , without undermining the economic importance of the trade in tin , tantalum , tungsten and gold for the development of the countries concerned .


### smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting , disclosing and verifying information on the mineral’s origin and chain of custody . after this stage of transformation it is often considered unfeasible to trace back the origins of minerals . a union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practices . ### importers are an important point in global mineral and metals supply chains as they are typically better placed to collect , disclose and verify information on the mineral’s and metal`s origin and chain of custody . a union list of responsible importers could therefore provide transparency and certainty to downstream undertakings , which themselves must comply , depending on their position in the supply chain , with due diligence practices as defined in this regulation and the oecd due diligence guidance .


### in order to ensure the proper implementation of this regulation , implementing powers should be conferred on the commission . the implementing powers relating to the list of responsible smelters and refiners and the list of member state competent authorities should be exercised in accordance with regulation no 182 / 2011 . ### in order to ensure the proper implementation of this regulation , implementing powers should be conferred on the commission . the implementing powers relating to the list of responsible importers , the list of responsible smelters and refiners and the list of member state competent authorities should be exercised in accordance with regulation no 182 / 2011 .


### ' conflict - affected and high - risk areas ' means areas in a state of armed conflict , fragile post - conflict as well as areas witnessing weak or non - existent governance and security , such as failed states , and widespread and systematic violations of international law , including human rights abuses ; ### ‘ conflict - affected and high - risk areas’ means areas identified by the presence of armed conflict , widespread violence or other risks of harm to people and , for these purposes , it is recognized that : armed conflict may take a variety of forms , such as a conflict of international or non - international character , which may involve two or more states , or may consist of wars of liberation , or insurgencies , civil wars ; and high - - risk areas may include areas of political instability or repression , institutional weakness , insecurity , collapse of civil infrastructure and widespread violence , both of which areas are often characterized by widespread human rights abuses and violations of national or international law ;


### ' importer ' means any natural or legal person declaring minerals or metals within the scope of this regulation for release for free circulation within the meaning of article 79 of council regulation no 2913 / 1992 ; ### ' importer ' means any natural or legal person established in the union making a declaration for the release into free circulation of minerals and metals within the scope of this regulation in his own name or the person on whose behalf such declaration is made . a representative making the declaration while acting in the name of and on behalf of another person or a representative acting in his own name and on behalf of another person are equally considered to be an importer for the purpose of this regulation ;


### independent third - party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope , objective and principles set out in article 6 of the regulation , ### certificates of the independent third - party conformity assessment body regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope , objective and principles set out in article 6 of the regulation ,


### on the basis of the information provided by the member states in their reports as referred to in article 15 , the commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this regulation . ### on the basis of the information provided by the eu - wide competent authority in its reports as referred to in article 15 , the commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this regulation .


### on the basis of the information provided by the member states in their reports as referred to in article 15 , the commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this regulation . ### on the basis of the information provided by the member states in their reports as referred to in article 15 , the commission shall adopt and make publicly available , both on the internet and through appropriate information and communication channels , a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this regulation .


### the commission shall adopt the list in accordance with the template in annex ii and the regulatory procedure referred to in article 13 . the oecd secretariat shall be consulted . ### the commission shall adopt the list using the template in annex ii and in accordance with the advisory procedure referred to in article 13 . the oecd secretariat shall be consulted .


### the commission shall update the information included in the list in a timely manner . the commission shall remove from the list the names of the smelters and refiners that are no longer recognised as responsible importers by member states in accordance with article 14 , or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers . ### the commission shall update and publish , including on the internet , the information included in the list in a timely manner . the commission shall remove from the list the names of the smelters and refiners that are no longer recognised as responsible importers by member states in accordance with article 14 , or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers .


### the commission shall make a decision to publish , including on the internet , a list of competent authorities in accordance with the template in annex iii and the regulatory procedure referred to in paragraph 2 of article 13 . the commission shall update the list regularly . ### the commission shall publish , including on the internet , all relevant information on the eu - wide competent authority .


### three years after the entry into force of this regulation and every six years thereafter , the commission shall review the functioning and effectiveness of this regulation , including on the promotion and cost of responsible sourcing of the minerals within its scope from conflict - affected and high - risk areas . the commission shall submit a review report to the european parliament and to the council . ### two years after the date of entry into application of this regulation and every three years thereafter , the commission shall review the functioning and effectiveness of this regulation , including on the promotion and cost of responsible sourcing of the minerals within its scope from conflict - affected and high - risk areas . the commission shall submit a review report to the european parliament and to the council .


### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continue to pose problems to the economy , health and well - being of european citizens . despite the fact that road transport is the main contributor of those negative effects , road freight transport is estimated to grow by 60 per cent by 2050 . ### the overall aim is to establish a resource - efficient multimodal transport network and to reduce the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion .


### the goal of reaching 30 % of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030 , and more than 50 % by 2050 , in order to optimise the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes , has been slower than expected and according to the current projections , will not be reached . ### the goal of reaching 30 % of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030 , and more than 50 % by 2050 , in order to optimise the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes , has been slower than expected and according to the current projections , will not be reached . given the still untapped potential of combined transport , the implications of improving this directive are significant in terms of the contribution the sector makes to realising the targets set in the paris climate agreement .


### directive 92 / 106 / eec has contributed to the development of the union ' s policy on combined transport and has helped shift a considerable amount of freight away from road . shortcomings in the implementation of that directive , notably ambiguous language and outdated provisions , and the limited scope of its support measures , have significantly reduced its impact . ### directive 92 / 106 / eec has contributed to the development of the union ' s policy on combined transport and has helped shift a considerable amount of freight away from road . shortcomings in the implementation of that directive , notably ambiguous language and outdated provisions , the limited scope of its support measures , as well as the bureaucratic and protectionist obstacles within the rail sector , have significantly reduced its impact .


### directive 92 / 106 / eec should be simplified and its implementation improved by reviewing the economic incentives to combined transport , with the aim of encouraging the shift of goods from road transport to modes which are more environmentally friendly , safer , more energy efficient and cause less congestion . ### directive 92 / 106 / eec should be simplified and its implementation improved by reviewing the economic incentives to combined transport , with the aim of improving the competitiveness of rail and waterborne transport in comparison to road transport .


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


### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost . ### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , or to reduce the carbon footprint of the road freight sector , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures should apply mainly to sensitive areas , such as in mountainous regions , large urban - industrial nodes , cross - border connections , industrial areas which lack such infrastructure and transhipment terminals in order to reduce bottlenecks and congestion . they may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transported in combined transport operations , or the partial reimbursement of transhipments cost , which will contribute to reducing the socio - economic costs of transport , the health risks of pollution and noise , while serving the interests of citizens , businesses and the environment .


### support measures for combined transport operations should be implemented in compliance with the state aid rules contained in the treaty on the functioning of the european union . ### without prejudice to the state aid rules contained in the treaty on the functioning of the european union , a certain degree of flexibility should apply in respect of support measures for combined transport operations in order to encourage the use of state aid .


### support measures should be coordinated , as needed , between member states and the commission . ### to ensure the avoidance of possible overlapping investments between member states in close proximity , support measures should be coordinated , as needed , between member states and the commission by means of close cooperation between the member sates’ competent authorities .


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


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


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


### in a trailer or semi - trailer , with or without a tractor unit , swap body or container , identified in accordance with the identification regime established pursuant to international standards iso6346 and en13044 , where the load unit is transhipped between the different modes of transport ; or ### in a trailer or semi - trailer , with or without a tractor unit , swap body or container , identified in accordance with the identification regime established pursuant to international standards iso6346 and en13044 where applicable , where the load unit is transhipped between the different modes of transport ; or


### in a trailer or semi - trailer , with or without a tractor unit , swap body or container , identified in accordance with the identification regime established pursuant to international standards iso6346 and en13044 , where the load unit is transhipped between the different modes of transport ; or ### in a trailer or semi - trailer , with or without a drawing vehicle , swap body or container , identified in accordance with the identification regime established pursuant to international standards iso6346 and en13044 , where the load unit is transhipped between the different modes of transport ; or


### by a road vehicle that is carried by rail , inland waterways or maritime transport for the non - road leg of the journey . ### by a road vehicle , including non - cranable trailers and semi - trailers , that is carried by rail , inland waterways or maritime transport for the non - road leg of the journey .


### non - road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative or which are unavoidable in a commercially viable transport operation , shall not be taken into consideration for the purposes of the combined transport operations . ### non - road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative , shall not be taken into consideration for the purposes of the combined transport operations .


### the evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the member state where the check is carried out . in case of road side checks , it shall be presented within the duration of such check . it shall be in an official language of that member state or in english . during a roadside check , the driver shall be allowed to contact the head office , the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2 . ### the evidence referred to in paragraph 1 , alongside any explanation for an operational re - routing or other deviation from the as - planned documentation of the combined transport operation that may have occurred due to unforeseen circumstances , shall be presented or transmitted upon the request of the authorised inspecting officer of the member state where the check is carried out . in case of road side checks , it shall be presented within the duration of such check . it shall be in an official language of that member state or in english . during a roadside check , the driver shall be allowed to contact the head office , the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2 .


### the evidence may be provided through a transport document fulfilling the requirements laid down in article 6 of council regulation no 11 , or through other existing transport documents such as the convention on the contract for the international carriage of goods by road transport document or the uniform rules concerning the contract of international carriage of goods by rail transport document . ### the evidence may be provided through existing transport documents such as the convention on the contract for the international carriage of goods by road transport document , the convention on the contract for the carriage of goods by inland waterways or the uniform rules concerning the contract of international carriage of goods by rail transport document .


### on the basis of an analysis of the national reports , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and every two years thereafter the commission shall draw up and submit a report to the european parliament and to the council on : ### on the basis of an analysis of the national reports , including also statistical data drawn up on the basis of indications and methodologies that are common to the entire union , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and every two years thereafter the commission shall draw up and submit a report to the european parliament , the council and the member states’ competent authorities on :


### the economic development of combined transport , notably in light of the evolution of the environmental performance of different modes of transport ; ### the economic development of combined transport at member state and union - wide level , notably in light of the evolution of the environmental performance of different modes of transport ;


### the effectiveness and efficiency of the support measures provided for in article 6 , ### the effectiveness and efficiency of the support measures provided for in article 6 , specifying the measures deemed to be most effective to serve the original purpose of this directive and best practices in the member states ;


### member states shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles when routed in combined transport are reduced or reimbursed either by a standard amount , or in proportion to the journeys that such vehicles undertake by rail , within limits and in accordance with conditions and rules they fix after consultation with the commission . ### in article 6 , paragraph 1 is replaced by the following : ' 1 . member states shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles when routed in combined transport are reduced or reimbursed either by a standard amount , or in proportion to the journeys that such vehicles undertake by rail or inland waterway transport , within limits and in accordance with conditions and rules they fix after consultation with the commission . '


### the reductions of reimbursements referred to in the first paragraph shall be granted by the state in which the vehicles are registered , on the basis of the rail journeys effected within that state . ### in article 6 , paragraph 1 , subparagraph 2 is replaced by the following : ' the reductions of reimbursements referred to in the first paragraph shall be granted by the state in which the vehicles are registered , on the basis of the rail or inland waterway journeys effected within that state . '


### member states may , however , grant these reductions or reimbursements on the basis of the rail journeys which take place partially or wholly outside the member state in which the vehicles are registered . ### in article 6 , paragraph 1 , subparagraph 3 is replaced by the following : ' member states may , however , grant these reductions or reimbursements on the basis of the rail journeys or inland waterway which take place partially or wholly outside the member state in which the vehicles are registered . '


### the increase of operational efficiency in existing terminals . ### the increase of operational efficiency in and access to existing terminals .


### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal . ### member states shall coordinate with neighbouring member states , particularly via close cooperation between their competent authorities , and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a sufficient geographical distribution of transhipment terminals union - wide , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km as the crow flies from such terminal . member states may derogate from this 150 - km rule if these facilities have no economic relevance or for reasons related the geographic or natural features of a given area . such derogations shall be duly justified by the competent authority .


### member states may take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations . ### by 31 december 2021 , member states shall take at least one additional measure of an economic and legislative nature , to improve - also through the use of technologies - the competitiveness of combined transport operations as compared to equivalent alternative road transport operations , in particular with a view to reducing the time and costs involved in transhipment operations .


### member states shall ensure that support measures for combined transport operations aim at reducing the road freight and encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . ; ### member states shall ensure that support measures for combined transport operations aim at reducing the road freight and encourage the use of other modes of transport such as rail , inland waterways , maritime transport or low - emission vehicles , or the use of lower - emission alternative fuels such as biofuels , electricity from renewable sources , natural gas or hydrogen fuel cells , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion .


### member states shall publish in an easily accessible manner and free of charge the relevant information concerning the measures adopted pursuant article 6 , as well as other relevant information for the purposes of the application of the present directive . ### member states shall publish in an easily accessible manner on the internet and free of charge the relevant information concerning the measures adopted pursuant article 6 , as well as other relevant information for the purposes of the application of the present directive .


### the commission shall publish and update , where necessary , the list of competent authorities referred to in paragraph 1 , as well as a list of the measures referred to in article 6 . ; ### the commission shall publish on the internet and update , where necessary , the list of competent authorities referred to in paragraph 1 , as well as a list of the measures referred to in article 6 . ;


### new psychoactive substances can pose serious cross border threats to health which makes necessary to enhance monitoring , early warning and combating of those threats . ### new psychoactive substances can pose serious cross border threats to health . the rapid growth in the market of new psychoactive substances , which continues to be challenging , coupled with the threats they may pose make it necessary to enhance monitoring and early warning systems and to assess the health , safety and social risks associated with such substances in order to develop responses and combat those threats .


### new psychoactive substances that pose health and social risks across the union should be addressed at the union level . this regulation has therefore to be read in conjunction with council framework decision 2004 / 757 / jha15 [ as amended by directive … / … ] since both acts are designed to replace the mechanism established by council decision 2005 / 387 / jha . __________________ 15 council framework decision 2004 / 757 / jha of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking . ### new psychoactive substances that pose health , safety and social risks across the union should be addressed at the union level . this regulation has therefore to be read in conjunction with council framework decision 2004 / 757 / jha15 [ as amended by directive … / … ] since both acts are designed to replace the mechanism established by council decision 2005 / 387 / jha . __________________ 15 council framework decision 2004 / 757 / jha of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking .


### any union action on new psychoactive substances should be based on scientific evidence . ### any union action on new psychoactive substances should be based on scientific evidence or on sufficient data on the risks that the new psychoactive substances pose .


### any union action on new psychoactive substances should be based on scientific evidence . ### any union action on new psychoactive substances should be based on scientific evidence . given that in some cases new psychoactive substances could be so novel to the field that , at least initially , there would be very limited evidence from scientific research on public health risks , it is necessary to undertake rapid risk assessment procedures at union level .


### no risk assessment should be conducted on a new psychoactive substance if it is subject to an assessment under international law , or if it is an active substance in a medicinal product or in a veterinary medicinal product . ### no risk assessment should be conducted on a new psychoactive substance if it is subject to an assessment under international law , or if it is an active substance in a medicinal product or in a veterinary medicinal product , unless there is sufficient scientific evidence , data or studies available at union level to suggest the need of such assessment .


### the centre , in cooperation with europol , shall collect , analyse , assess , and communicate this information in a timely manner to member states with a view to providing member states with any information required for the purposes of early warning and for the purposes of allowing the centre to draw up the initial report or the combined initial report pursuant to article 5b . ### the centre , in cooperation with europol , shall collect , analyse , assess , and communicate this information in a timely manner to member states and to the commission , with the purpose to providing member states and the commission with any information required for developing early warning models and for the purposes of allowing the centre to draw up the initial report or the combined initial report pursuant to article 5b .


### where the centre , the commission or the council , acting by a simple majority of member states , consider that the information shared on a new psychoactive substance collected pursuant to article 5a in one or more member states gives rise to concerns that the new psychoactive substance may pose health or social risks at the union level , the centre shall draw up an initial report on the new psychoactive substance . ### where the centre , the commission or the council , acting by a simple majority of member states , consider that the information shared on a new psychoactive substance collected pursuant to article 5a in one or more member states gives rise to concerns that the new psychoactive substance may pose health , safety or social risks at the union level , the centre shall draw up without undue delay an initial report on the new psychoactive substance .


### a first indication of the nature or scale of health and social risks associated with the new psychoactive substance ; ### a first indication of the nature or scale of health , safety and social risks associated with the new psychoactive substance ;


### the centre shall request the european medicines agency to provide information on whether , in the union or in any member state , the new psychoactive substance is : ### the centre shall request the european medicines agency to provide , without undue delay , information on whether , in the union or in any member state , the new psychoactive substance is :


### the centre shall request europol to provide information on the involvement of criminal groups in the manufacture and distribution of the new psychoactive substance , and in any use of the new psychoactive substance . ### the centre shall request europol to provide , without undue delay , information on the involvement of criminal groups in the manufacture , distribution and supply of the new psychoactive substance , and in any use of the new psychoactive substance .


### the centre shall request the european chemicals agency and the european food safety authority to provide the information and data at their disposal on the new psychoactive substance . ### the centre shall request the european chemicals agency , the european food safety authority and the european centre for disease prevention and control to provide the information and data at their disposal on the new psychoactive substance .


### an analysis of the health risks associated with the new psychoactive substance , in particular with respect to its acute and chronic toxicity , abuse liability , dependence - producing potential , and its physical , mental and behavioural effects ; ### an analysis of the health risks associated with the new psychoactive substance , in particular with respect to its acute and chronic toxicity , abuse liability , dependence - producing potential , and its physical , mental and behavioural effects , and also relevant evidence on the interaction of new psychoactive substances with other substances or pre - existing health conditions ;


### the scientific committee shall assess the risks posed by the new psychoactive substance or group of new psychoactive substances . the committee may be extended as deemed necessary by the director , acting on the advice of the chairperson of the scientific committee , by including experts representing the scientific fields relevant for ensuring a balanced assessment of the risks of the new psychoactive substance . the director shall designate them from a list of experts . the management board shall approve the list of experts every three years . ### the scientific committee of the centre shall assess the risks posed by the new psychoactive substance or group of new psychoactive substances . the committee may be extended as deemed necessary by the director , acting on the advice of the chairperson of the scientific committee , by including experts representing the scientific fields relevant for ensuring a balanced assessment of the risks of the new psychoactive substance . the director shall designate them from a list of experts . the management board shall approve the list of experts every three years .


### the scientific committee shall carry out the risk assessment on the basis of the available information and of any other relevant scientific evidence . it shall take into account all opinions held by its members . the centre shall organise the risk assessment process , including identifying future information needs and relevant studies . ### the scientific committee of the centre shall carry out the risk assessment on the basis of the available information and of any other relevant scientific evidence . it shall take into account all opinions held by its members . the centre shall organise the risk assessment process , including identifying future information needs and relevant studies .


### no risk assessment shall be carried out where the new psychoactive substance is at an advanced stage of assessment within the united nations system , namely once the world health organisation expert committee on drug dependence has published its critical review together with a written recommendation , except where there is significant information that is new or of particular relevance for the union and that has not been taken into account by the united nations system . ### no risk assessment shall be carried out where the new psychoactive substance is at an advanced stage of assessment within the united nations system , namely once the world health organisation expert committee on drug dependence has published its critical review together with a written recommendation , except where there is relevant new evidence that suggests the need for a risk assessment report at union level , and that has not been taken into account by the united nations system .


### in order to secure user acceptance of future road charging schemes , member states should be allowed to introduce adequate systems for the collection of charges as part of a wider package of mobility services . such systems should ensure a fair distribution of infrastructure costs and reflect the ‘ polluter pays’ principle . any member states introducing such a system should ensure that it complies with the provisions of directive 2004 / 52 / ec of the european parliament and of the council16 . _________________ 16 directive 2004 / 52 / ec of the european parliament and of the council of 29 april 2004 on the interoperability of electronic road toll systems in the community , oj l 166 , 30 . 4 . 2004 , p . 124–143 ### in order to secure user acceptance of future road charging schemes , member states should be allowed to introduce adequate systems for the collection of charges as part of a wider package of mobility services . the member states are encouraged to take into account the social acceptance of charging and socio - economic factors in their implementation , in particular to maintain the competitiveness of the transport sector , composed of many smes , and facilitate a relaxation of charges to users of private vehicles forced to use this infrastructure on a regular basis . such systems should ensure a fair distribution of infrastructure costs and reflect the ‘ polluter pays’ principle . any member states introducing such a system should ensure that it complies with the provisions of directive 2004 / 52 / ec of the european parliament and of the council16 . _________________ 16 directive 2004 / 52 / ec of the european parliament and of the council of 29 april 2004 on the interoperability of electronic road toll systems in the community , oj l 166 , 30 . 4 . 2004 , p . 124–143


### pursuant to directive 1999 / 62 / ec , an external - cost charge may be imposed at a level close to the social marginal cost of the usage of the vehicle in question . that method has proven to be the fairest and most efficient way to take account of negative environmental and health impacts of air pollution and noise generated by heavy duty vehicles , and would ensure a fair contribution from heavy duty vehicles to meeting eu air quality standards and any applicable noise limits or targets . the application of such charges should therefore be facilitated . _________________ 17 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air for europe , oj l 152 , 11 . 06 . 2008 , p . 1 - 44 ### pursuant to directive 1999 / 62 / ec , an external - cost charge may be imposed at a level close to the social marginal cost of the usage of the vehicle in question . that method has proven to be the fairest and most efficient way to take account of negative environmental and health impacts of air pollution and noise generated by heavy duty vehicles , would ensure a fair contribution from heavy duty vehicles to meeting eu air quality standards and any applicable noise limits or targets , and would make it possible to provide incentives to use clean vehicles . the application of such charges should therefore be facilitated . _________________ 17 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air for europe , oj l 152 , 11 . 06 . 2008 , p . 1 - 44


### in order to promote the use of the cleanest and most efficient vehicles , member states should apply significantly reduced road tolls and user charges to those vehicles . ### in order to promote the use of the cleanest and most efficient vehicles and reduce their competitive disadvantage in relation to conventional vehicles , member states should as soon as possible apply significantly reduced road tolls and user charges to those vehicles .


### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1 % of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem . ### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1 % of gdp . a significant part of this cost can be attributed to interurban and cross - border congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem , such as cross - border infrastructure or modal shift .


### congestion charges should reflect the actual costs imposed by each vehicle on other road users directly , and indirectly on society at large , in a proportionate manner . in order to avoid that they disproportionately hinder the free movement of people and goods , they should be limited to specific amounts reflecting marginal congestion cost in near capacity condition , that is to say when traffic volumes approach road capacity . ### congestion charges should reflect the actual costs imposed by each vehicle on other road users directly , and indirectly on society at large , in a proportionate manner . in order to avoid that they disproportionately hinder the free movement of people and goods , particularly in cross - border and urban areas , they should be limited to specific amounts reflecting marginal congestion cost in near capacity condition , that is to say when traffic volumes approach road capacity .


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


### it is necessary to ensure that external - cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex , to incentivise the use of the most fuel - efficient vehicles , and to keep the incentives effective and the differentiation of road charges up - to - date . therefore , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission for the purpose of adapting the reference values for external cost charging to scientific progress , defining the modalities for the revenue - neutral variation of infrastructure charges according to the co2 emissions from heavy duty vehicles , and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201621 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 21 oj l 123 , 12 . 5 . 2016 , p . 1 . ### it is necessary to ensure that external - cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles and vans intended for the carriage of goods as accurately as possible without rendering the charging scheme excessively complex , to incentivise the use of the most fuel - efficient vehicles , and to keep the incentives effective and the differentiation of road charges up - to - date . therefore , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission for the purpose of adapting the minimum values for external cost charging to scientific progress , defining the modalities for the revenue - neutral variation of infrastructure charges according to the co2 emissions from heavy duty vehicles and vans intended for the carriage of goods , and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201621 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 21 oj l 123 , 12 . 5 . 2016 , p . 1 .