### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the mobility system to be cleaner and better adapted to the imperative of tackling climate change . this will require the full commitment of the union , member states and stakeholders , not least in strengthening efforts to reduce co2 emissions and air pollution . _________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final ### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to have better air by clamping down on transports emissions , achieve public health benefits and make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the mobility system to be cleaner in line with the union and its member states ' commitments under the paris agreement . _________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final


### the commission should impose a financial penalty , in the form of an excess emissions premium , where a manufacturer is found to have excess emissions , taking into account the emission credits and debts . in order to provide manufacturers with a sufficient incentive to take measures to reduce the specific co2 emissions from heavy - duty vehicles , the premium should exceed the average marginal costs of the technologies needed to meet the targets . the premium should be considered as revenue for the general budget of the union . the methodology for collecting the premiums should be determined by means of an implementing act , taking into account the methodology adopted pursuant to regulation no 443 / 2009 . ### the commission should impose a financial penalty , in the form of an excess emissions premium , where a manufacturer is found to have excess emissions , taking into account the emission credits and debts . in order to provide manufacturers with a sufficient incentive to take measures to reduce the specific co2 emissions from heavy - duty vehicles , the premium should exceed significantly the average marginal costs of the technologies needed to meet the targets . the premium should be considered as revenue for the general budget of the union . the methodology for collecting the premiums should be determined by means of an implementing act , taking into account the methodology adopted pursuant to regulation no 443 / 2009 .


### innovation , safety , interoperability and accessibility aspects ; ### innovation , safety , interoperability and accessibility aspects particularly for persons with disabilities ;


### the transition to a low - carbon economy requires changes in investment behaviour and incentives across the entire policy spectrum . achieving greenhouse gas emission reductions requires a boost to efficiency and innovation in the european economy and in particular should also lead to improvements of air quality . ### the socially acceptable transition to a low - carbon , resilient and socially cohesive economy requires substantial changes in current policies suffering from overlaps and lack of coordination between policy areas . coordination of incentives across the entire policy spectrum needs to be urgently improved . achieving greenhouse gas emission reductions requires a boost to efficiency and innovation in the european economy and in particular should also create sustainable jobs and lead to improvements of air quality .


### in line with the commission ' s strong commitment to better regulation , the energy union governance should result in a significant reduction of administrative burden for the member states , the commission and other union institutions and it should help to ensure coherence and adequacy of policies and measures at union and national level with regard to the transformation of the energy system towards a low - carbon economy . ### in line with the commission ' s strong commitment to better regulation , the energy union governance should result in a significant reduction of administrative burden for the member states , the commission and other union institutions and it should help to ensure coherence and adequacy of policies and measures at union and national level with regard to gradual transition towards a resilient , socially cohesive and low - carbon economy .


### the integrated national energy and climate plans should cover ten - year periods and provide an overview of the current energy system and policy situation . they should set out national objectives for each of the five key dimensions of the energy union and corresponding policies and measures to meet those objectives and have an analytical basis . the national plans covering the first period from 2021 to 2030 should pay particular attention to the 2030 targets for greenhouse gas emission reductions , renewable energy , energy efficiency and electricity interconnection . member states should aim to ensure that the national plans are consistent with and contribute to achieving the sustainable development goals . ### the integrated national energy and climate plans should cover ten - year periods and provide an overview of the current energy system and policy situation . they should set out national objectives for each of the five key dimensions of the energy union , establish a definition of energy poverty and national objectives with regard to eradication of energy poverty , and corresponding policies and measures to meet those objectives and have an analytical basis . the national plans covering the first period from 2021 to 2030 should pay particular attention to the 2030 targets for greenhouse gas emission reductions , renewable energy , energy efficiency and electricity interconnection . member states should aim to ensure that the national plans are consistent with and contribute to achieving the sustainable development goals .


### the governance mechanism shall be based on integrated national energy and climate plans covering ten - year periods starting from 2021 to 2030 , corresponding integrated national energy and climate progress reports by the member states and integrated monitoring arrangements by the european commission . it shall define a structured , iterative process between the commission and member states in view of the finalisation of the national plans and their subsequent implementation , including with regard to regional cooperation , and corresponding commission action . ### the governance mechanism shall be based on integrated national energy and climate plans covering ten - year periods starting from 2021 to 2030 , corresponding integrated national energy and climate progress reports by the member states and integrated monitoring arrangements by the european commission . it shall define a structured , iterative process between member states in view of the finalisation of the national plans and their subsequent implementation , including with regard to regional cooperation , and corresponding commission action .


### energy security , ### energy security and affordability to consumers ;


### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , with a linear trajectory for that contribution from 2021 onwards ; ### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , with a trajectory for that contribution from 2021 onwards , based on member state&#180 ; s choice ;


### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , with a linear trajectory for that contribution from 2021 onwards ; ### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , with a linear trajectory for that contribution from 2021 onwards based on member state&#180 ; s choice


### fulfilling the objective of holding the increase in the global average temperature to well below 2°c above pre - industrial levels and to pursue efforts to limit the temperature increase to 1 . 5°c above pre - industrial levels ; ### fulfilling the objective of sustainable economic growth , job creation and abatement of energy poverty ;


### 4 . 4 . energy poverty national objectives with regard to energy poverty including a timeframe for when the objectives shall be met ### 4 . 4 . energy poverty introduction of national definition of energy poverty , national objectives with regard to eradication of energy poverty including a timeframe for when the objectives shall be met


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of representatives from all relevant stakeholders and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years .


### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### the eib shall make publicly available on its website all relevant documents relating to all eib financing and investment operations and how they contribute to the general objectives and specific projects referred to in article 5 ; the eib shall guarantee furthermore that any citizen of the european union and any natural and legal person residing or having its registered office in a member state has access to the documents related to the efsi in accordance with the regulation no . 1049 / 2001 of the european parliament and the council regarding public access to european parliament , council and commission documents .


### in its financing and investment operations , the eib shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , or fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic cooperation and development or the financial action task force . ### in its financing and investment operations , the eib shall take all necessary measures to ensure that its projects are not contributing to tax evasion . the eib shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud , corruption , or fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic cooperation and development or the financial action task force .


### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . if , however , any such scheme is not achieved by the end of 2021 , the extra - eea aviation activities should be included under the eu ets and a fund should be established for aviation operators’ contributions and collective compliance relating to co2 emissions already covered by requirements for monitoring , reporting and verification of greenhouse gas emissions under commission regulation no 601 / 2012 and commission regulation no 600 / 2012 . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . additionally , a share of revenues from the auction of allowances to the aviation sector should be used to improve energy efficiency and support investments in innovative technologies for the reduction of co2 emissions in the transport sector .


### the commission shall report to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . ### the commission shall report to the european parliament and the council on the relevant icao standards and recommended practices , icao council - approved recommendations relevant to the global measure or other legal instruments as well as on domestic measures taken by third countries to implement the global measure to be applied to emissions from 2021 , and on other relevant international developments . such reports shall be submitted by 1 january 2018 , 1 january 2019 and regularly thereafter in accordance with the icao ' s standards - making procedures .


### the commission shall report to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . ### the commission shall report to the european parliament and the council on the relevant icao standards and recommended practices , icao council approved recommendations relevant to the global market - based measure or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . this reporting shall be done by 1 january 2018 , 1 january 2019 and regularly afterwards in accordance with the icao&#180 ; s standard - making procedures .


### additional union general export authorisations should be introduced in order to reduce administrative burden on companies and authorities while ensuring an appropriate level of control of the relevant items to the relevant destinations . a global authorisation for large projects should also be introduced to adapt licensing conditions to the peculiar needs of industry . ### additional union general export authorisations should be introduced in order to reduce administrative burden on companies and authorities while ensuring an appropriate level of control of the relevant items to the relevant destinations .


### in order to maintain the high quality of the data provided by the member states , 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 , with a view to adjusting the thresholds that may apply to the natural gas market . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to allow for derogations from certain obligations of this regulation whose implementation in the national statistical systems of member states requires major adjustments and is likely to entail a significant additional burden for respondents , 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 , it is of particular importance that the commission carry out , during its preparatory work , appropriate consultations , 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 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states ' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### member states shall ensure that the data collection and compilation system is representative . ### by verifying the adequacy of the methodology with respect to price controls , member states shall ensure that the data are representative of energy price and consumption levels .


### some areas of union transport law require competent authorities to accept digitised information , but this concerns by far not all relevant union legislation . it should be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the union and in respect of all relevant phases of transport operations conducted within the union . furthermore , that possibility should apply to all regulatory information , in all transport modes . ### some areas of union transport law require competent authorities to accept digitised information , but this concerns by far not all relevant union legislation . it should be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the union and in respect of all relevant phases of transport operations conducted within the union . furthermore , that possibility should apply to all regulatory information , in all transport modes . authorities should not only accept digitised information , but also make their own data digitally available provided that access to critical data is protected in the interest of the owner .


### this regulation applies to regulatory information requirements set out in union acts laying down the conditions for the transport of goods on the territory of the union in accordance with title vi of part three of the treaty , or laying down the conditions for the shipments of waste . in respect of the shipment of waste , this regulation does not apply to controls by customs offices , as provided for in the applicable union provisionss . the union acts to which this regulation applies and the corresponding regulatory information requirements are listed in part a of annex i . ### this regulation applies to regulatory information requirements set out in union acts laying down the conditions for the transport of goods on the territory of the union in accordance with title vi of part three of the treaty , regulatory information requirements for the transport of goods set out in international conventions applicable in the union or laying down the conditions for the shipments of waste . in respect of the shipment of waste , this regulation does not apply to controls by customs offices , as provided for in the applicable union provisions . the union acts to which this regulation applies and the corresponding regulatory information requirements are listed in part a of annex i .


### where economic operators concerned make regulatory information available electronically , they shall do so on the basis of data processed in a certified efti platform and , if applicable , by a certified efti service provider . the regulatory information shall be made available in machine - readable format and , at the request of the competent authority , in human - readable format . ### where economic operators concerned make regulatory information available electronically , they shall do so on the basis of data processed in an efti platform that fulfils the requirements of article 8 and , if applicable , by an efti service provider that fulfils the requirements of article 9 . the regulatory information shall be made available in machine - readable format and , at the request of the competent authority , in human - readable format .


### member states shall maintain an updated list of the accredited conformity assessment bodies , and of the efti platforms and efti service providers certified by those bodies in accordance with articles 11 and 12 . they shall make that list publicly available on an official government internet website . the list shall be regularly updated , and by the latest by 31 march each year . ### member states shall maintain an updated list of the accredited conformity assessment bodies , and of the efti platforms and efti service providers certified by those bodies or assessed by national authorities according to article 9 . in accordance with articles 11 and 12 . they shall make that list publicly available on an official government internet website . the list shall be regularly updated , and by the latest by 31 march each year .


### among personal pension products , the development of a pepp will contribute to increasing choices for retirement saving and establish an eu market for pepp providers . it will provide households with better options to meet their retirement goals . ### among personal pension products , the development of a pepp will contribute to increasing choices for retirement saving and establish an eu market for pepp providers . it will provide households with additional options to meet their retirement goals .


### a legislative framework for a pepp will lay the foundations for a successful market in affordable and voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing pension products and schemes , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , addressing the demographical challenge and providing a powerful new source of private capital for long - term investment . this framework will not replace or harmonise existing national personal pension schemes . ### a legislative framework for a pepp will lay the foundations for a voluntary retirement - related investments that can be managed on a pan - european scale . by complementing the existing pension products and schemes , it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings , addressing the demographical challenge and the pension gap and providing a powerful new source of private capital for long - term investment . this framework will not replace or harmonise existing national personal products or occupational pension schemes . nor should it be assessed as an incentive to replace or harmonise existing national occupational schemes in the future .


### the regulation harmonises a set of core features for the pepp , which concern key elements such as distribution , investment policy , provider switching , or cross - border provision and portability . the harmonisation of these core features will improve the level playing field for personal pension providers at large and help boost the completion of the cmu and the integration of the internal market for personal pensions . it will lead to the creation of a largely standardised pan - european product , available in all member states , empowering consumers to make full use of the internal market by transferring their pension rights abroad and offering a broader choice between different types of providers , including in a cross - border way . as a result of fewer barriers to the provision of pension services across borders , a pan - european personal pension product will increase competition between providers on a pan - european basis and create economies of scale that should benefit savers . ### the regulation harmonises a set of core features for the pepp , which concern key elements such as distribution , investment policy , provider switching , or cross - border provision and portability . the harmonisation of these core features will improve the level playing field for personal pension providers at large . it will lead to the creation of a largely standardised pan - european product , available in all member states , empowering consumers to make full use of the internal market by transferring their pension rights abroad and offering a broader choice between different types of providers , including in a cross - border way . as a result of fewer barriers to the provision of pension services across borders , a pan - european personal pension product will increase competition between providers on a pan - european basis and create economies of scale that should benefit savers .


### pepp providers should have access to the whole union market with one single product authorisation issued by the european insurance and occupational pensions authority , on the basis of a single set of rules . ### pepp providers should have access to the whole union market with one single product authorisation issued by national competent authorities responsible for the authorisation of a pepp .


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


### before joining a pepp scheme , potential pepp savers should be given all the necessary information to make an informed choice . ### before joining a pepp , potential pepp savers should be given all the necessary information to make an informed choice . this information should be easy to understand .


### pepp providers should draw up a pension benefit statement addressed to pepp savers , in order to present them with key personal and generic data about the pepp scheme and to ensure continuous information on it . the pension benefit statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility . ### pepp providers should draw up a pension benefit statement addressed to pepp savers , in order to present them with key personal and generic data about the pepp development and to ensure continuous information on it . the pension benefit statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across products and serve labour mobility . the pension benefit statement shall be provided annually to the pepp saver .


### in order to protect adequately the rights of pepp savers and pepp beneficiaries , pepp providers should be able to opt for an asset allocation that suits the precise nature and duration of their liabilities . therefore , efficient supervision is required as well as an approach to investment rules that allows pepp providers sufficient flexibility to decide on the most secure and efficient investment policy , while obliging them to act prudently . compliance with the prudent person rule therefore requires an investment policy geared to the customers’ structure of the individual pepp provider . ### in order to protect adequately the rights of pepp savers and pepp beneficiaries , pepp providers should be able to opt for an asset allocation that is in line with the precise nature and duration of their liabilities . therefore , efficient supervision is required as well as an approach to investment rules that allows pepp providers sufficient flexibility to decide on the most secure and efficient investment policy , while obliging them to act prudently . compliance with the prudent person rule therefore requires an investment policy geared to the customers’ structure of the individual pepp provider .


### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch providers during the accumulation and the decumulation phases , through a clear , quick and safe procedure . ### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch to a different provider located in the same or another member state during the accumulation phase , through a clear , quick and safe procedure .


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


### before giving the authorisation for switching , the pepp saver should be informed of all the steps of the procedure necessary to complete the switching . ### the pepp provider should inform the pepp saver of all the steps of the procedure necessary to complete the switching , in order to enable the pepp saver to make an informed decision about the switching service .


### “pan - european personal pension product ” means a long - term savings personal pension product , which is provided under an agreed pepp scheme by a regulated financial undertaking authorised under union law to manage collective or individual investments or savings , and subscribed to voluntarily by an individual pepp saver in view of retirement , with no or strictly limited redeemability ; ### “pan - european personal pension product ” means a long - term savings personal pension product , which is offered by a pepp provider or distributor and subscribed to voluntarily by an individual pepp saver in view of retirement , with no or strictly limited redeemability ;


### eiopa may request clarification and additional information as regards the documentation and information provided under paragraph 1 . ### the national competent authority may request the entities list in paragraph 1 clarification and additional information as regards the documentation and information provided under paragraph 2 .


### eiopa may ask the competent authority of the financial undertaking applying for the authorisation for clarification and information as regards the documentation referred to in paragraph 2 . the competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by eiopa . ### eiopa may ask the competent authority of the financial entities applying for authorisation for clarification and information as regards the documentation referred to in paragraph 2 . the competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by eiopa .


### any subsequent modifications to the documentation and information referred to in paragraphs 1 and 2 shall be immediately notified to eiopa . ### any subsequent modifications to the documentation and information referred to in paragraph 2 shall be immediately notified to the national competent authority .


### before taking a decision on the application , eiopa shall consult the competent authority of the applicant . ### before taking a decision on the application , the national competent authority shall consult eiopa .


### eiopa shall , on a quarterly basis , inform the competent authorities of the financial undertakings listed in article 5 of decisions to grant , refuse or withdraw authorisations pursuant to this regulation . ### the national competent authority shall , on a quarterly basis , inform the eiopa of decisions to grant , refuse or withdraw authorisations pursuant to this regulation .


### existing personal pension products may be converted into “pepps” following authorisation by eiopa . ### existing personal pension products may be converted into “pepps” following authorisation by the national competent authority .


### financial undertakings referred to in article 5 may distribute pepps which they have not manufactured upon receiving authorisation for distribution by the competent authorities of their home member state . ### entities referred to in article 5 may distribute pepps which they have not manufactured upon receiving authorisation for distribution by the competent authorities of their home member state .


### pepp providers shall offer up to five investment options to pepp savers . ### pepp providers shall offer up to five investment options to pepp savers . they will clearly indicate the environmental , social and governance factors for each of these options .


### the receiving pepp provider shall initiate the switching service upon receipt of the authorisation from the pepp saver . ### the request from the pepp saver shall be drawn up in an official language of the member state where the switching service is being initiated or in any other language agreed between the parties .


### in respect of gas pipelines to and from third countries completed before [ po : date of entry into force of this directive ] , member states may decide to derogate from articles 9 , 10 , 11 and 32 and article 41 , and for the sections of such pipelines between the border of union jurisdiction and the first interconnection point , provided that the derogation would not be detrimental to competition on or the effective functioning of the internal market in natural gas in the union , or the security of supply in the union . ### in respect of gas pipelines from third countries completed before [ po : date of entry into force of this directive ] , member states may decide to derogate from articles 9 , 10 , 11 and 32 and article 41 , and for the sections of such pipelines between the border of union jurisdiction and the first interconnection point , provided that the derogation would not be detrimental to competition on or the effective functioning of the internal market in natural gas in the union , or the security of supply in the union .


### where the commission finds that it has reasonable grounds to believe that the conditions of article 3 are fulfilled , it shall send a written notification to that member state , setting out the grounds on which it based its finding ### where the commission has reasonable grounds to believe that the conditions of article 3 are fulfilled , it shall send a written notification to that member state , setting out the grounds on which it based its finding . the commission shall , without delay , inform the european parliament and the council of such notification and its content .


### the commission shall take into account the information received and any observations made by the member state concerned , as well as the adequacy of any proposed remedial measures , when deciding whether or not to submit a proposal for a decision on the appropriate measures . ### the commission shall take into account the information received and any observations made by the member state concerned , as well as the adequacy of any proposed remedial measures , when deciding whether or not to submit a proposal for a decision on any of the measures referred to in article 4 .


### the commission shall assess the situation in the member state concerned . once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part , the commission shall submit to the council a proposal for a decision lifting those measures in full or in part . the procedure set out in paragraphs 2 , 4 , 5 , 6 and 7 of article 5 shall apply . ### at the request of the member state concerned or on its own initiative , the commission shall assess the situation in that member state . once the generalised deficiencies as regards the rule of law which on the grounds of which the measures in question were adopted cease to exist in full or in part , the commission shall adopt a decision lifting those measures in full or in part . at the same time , the commission shall submit to the european parliament and the council a proposal to lift in full or in part , the budgetary reserve referred to the measures adopted . the procedure set out in paragraphs 2 , 4 , 5 , 6 , 6 a and 6 b of article 5 shall apply .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons through resettlement and transfer between member states , supporting inclusion and reception strategies and a more effective legal migration policy in tackling the root causes of migration in countries of origin . the fund should support the strengthening of cooperation with third countries , based on an approach involving policy coherence for development , respect for human rights and achieving the sustainable development goals in order to improve management of migration flows , including persons applying for asylum or other forms of international protection , as well as to open up safe legal routes for migration and take action against trafficking in migrants .


### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . ### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure respect for human rights and a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , seeking always the best interest in the end of the applicant , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure .


### the fund should support the efforts by the union and the member states relating to the enhancement of the member states’ capacity to develop , monitor and evaluate their asylum policies in the light of their obligations under existing union law . ### the fund should support the efforts by the union and the member states relating to the enhancement of the member states’ capacity to develop , monitor and evaluate their asylum policies in the light of their obligations under existing union law and international law based on an all - round approach to respect for human rights .


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons , including those in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons have been displaced by helping to alleviate the pressure on those countries , and stepping up cooperation on development with a view to putting an end to the root causes of migration in third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework .


### considering the high levels of migration flows to the union in the last years and the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early integration of legally staying third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 . ### considering the migration flows to the union in the last years and the importance of ensuring the cohesion of our societies , it is crucial to support member states’ policies for early reception and inclusion of third - country nationals , including in the priority areas identified in the action plan on integration of third - country nationals adopted by the commission in 2016 .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of reception , and horizontal actions supporting member states’ capacities in the field of inclusion , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . measures and actions financed in third countries should comply with the commitment to policy coherence for development and be designed to accord with the sustainable development goals , using an approach that complements actions financed by the european development fund .


### in this context , the authorities of the member states responsible for the implementation of the fund should be required to cooperate and establish coordination mechanisms with the authorities identified by member states for the purpose of the management of the interventions of the esf + and of the erdf and wherever necessary with their managing authorities and with the managing authorities of other union funds contributing to the integration of third - country nationals . ### in this context , the authorities of the member states responsible for the implementation of the fund should be required to cooperate and establish coordination mechanisms with the authorities identified by member states for the purpose of the management of the interventions of the esf + and of the erdf and wherever necessary with their managing authorities and with the managing authorities of other union funds contributing to the reception and inclusion of third - country nationals .


### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third - country nationals , and counter irregular migration through efficient and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states . ### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and inclusion and reception of third - country nationals , and counter trafficking in migrants , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states .


### in order to strengthen the union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more member states characterised by a large or disproportionate inflow of third - country nationals , which places significant and urgent demands on their reception and detention facilities , asylum and migration management systems and procedures , heavy migratory pressures in third countries due to political developments or conflicts , it should be possible to provide emergency assistance in accordance with the framework set out in this regulation . ### in order to strengthen the union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more member states characterised by a large or disproportionate inflow of third - country nationals , which places significant and urgent demands on their reception and detention facilities , asylum and migration management systems and procedures , heavy migratory pressures in third countries due to political developments or conflicts , it should be possible to provide emergency assistance at all times for actions to ensure respect for the human rights of migrants and member states ' compliance with their international commitments concerning , in particular , asylum and refuge , in accordance with the framework set out in this regulation .


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries : ### specific objective 3 : to contribute to tackling trafficking in migrants and tackling the root causes of migration in third countries .


### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of migration management and are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . ### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of migration management , asylum and reception and are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed .


### –40% for countering irregular migration including returns . ### –20 % for countering the root causes of migration and trafficking in migrants ;


### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries for the purpose of managing migration . ### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries for the purpose of tackling the root causes of migration .


### the delivery of sst services should be based on a cooperation between the union and the member states and on the use of existing as well as future national expertise and assets , including those developed through the european space agency or by the union . it should be possible to provide financial support for the development of new sst sensors . recognising the sensitive nature of the sst , the control over national sensors and their operations , maintenance and renewal and the processing of data leading to the provision of sst services should remain with the participating member states . ### the delivery of sst services should be based on a cooperation between the union and the member states and on the use of existing as well as future national and esa expertise and assets , including those developed through the european space agency or by the union . it should be possible to provide financial support for the development of new sst sensors . recognising the sensitive nature of the sst , the control over national and esa sensors and their operations , maintenance and renewal and the processing of data leading to the provision of sst services should remain with the member states .


### extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space - based and ground - based infrastructure . a space weather function should therefore be established as part the programme with an aim of assessing the space weather risks and corresponding user needs , raising the awareness of space weather risks , ensuring the delivery of user - driven space weather services , and improving member stares capabilities to produce space weather service . the commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs , risks and technological readiness . in the long term , the needs of other sectors may be addressed . the delivery of services at union level according to the users ' needs will require targeted , coordinated and continued research and development activities to support space weather services evolution . the delivery of the space weather services should build on the existing national and union capabilities and enable a broad participation of member states and involvement of the private sector . ### extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space - based and ground - based infrastructure . a space weather function should therefore be established as part the programme with an aim of assessing the space weather risks and corresponding user needs , raising the awareness of space weather risks , ensuring the delivery of user - driven space weather services , and improving member stares capabilities to produce space weather service . the commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs , risks and technological readiness . in the long term , the needs of other sectors may be addressed . the delivery of services at union level according to the users ' needs will require targeted , coordinated and continued research and development activities to support space weather services evolution . the delivery of the space weather services should build on the existing national , esa and union capabilities and enable a broad participation of member states and involvement of the private sector .


### ‘ space weather events’ means naturally occurring variations in the space environment between the sun and the earth , including solar flares , solar energetic particles , solar wind , and coronal mass ejections that can lead to solar storms potentially impacting earth ; ### ‘ space weather events’ means naturally occurring variations in the space environment between the sun and the earth , including solar flares , solar energetic particles , solar wind , and coronal mass ejections that can lead to solar storms potentially impacting earth or space - based infrastructure ;


### the quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals has an impact on the value of breeding animals on the market . accordingly , rules should be laid down for the recognition of breed societies and breeding operations based on harmonised union criteria and their supervision by the competent authority of member states in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra - union trade . ### the quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals has an impact on the value of breeding animals on the market . accordingly , rules should be laid down for the recognition of breed societies and breeding operations based on harmonised union criteria - animal health and animal welfare criteria included - and their supervision by the competent authority of member states in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra - union trade .


### this regulation respects the fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . this regulation should be applied in accordance with those rights and principles . ### this regulation respects the fundamental rights and the relevant principles recognised in the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . this regulation should be applied in accordance with those rights and principles .


### before deciding to apply a ground for non - recognition and non - execution , the executing authority should consult the issuing authority , in order to obtain any necessary additional information . ### before deciding to apply a ground for non - recognition and non - execution , the executing authority should consult the issuing authority without any undue delay , in order to obtain any necessary additional information .


### the proper practical operation of this regulation presupposes close communication between the competent national authorities involved , in particular in cases of simultaneous execution of a confiscation order in more than one member state . the competent national authorities should therefore consult each other whenever necessary . ### the proper practical operation of this regulation presupposes close communication and optimal cooperation between the competent national authorities involved , in particular in cases of simultaneous execution of a freezing or confiscation order in more than one member state . the competent national authorities should therefore consult each other whenever necessary .


### the issuing authority shall complete the certificate set out in annex i , sign it and certify its content as being accurate and correct . ### the issuing authority shall complete without undue delay the certificate set out in annex i , sign it and certify its content as being accurate and correct .


### the issuing authority shall translate the certificate into an official language of the executing state or any other language indicated by that member state in accordance with paragraph 3 . ### the issuing authority shall translate without undue delay the certificate into an official language of the executing state or any other language indicated by that member state in accordance with paragraph 3 .


### articles 2 and 2 of regulation 2016 / 1036 stipulate the basis on which normal value should be determined in the case of imports from non - market economy countries . in view of developments with respect to certain countries that are members of the wto , it is appropriate that , for those countries , normal value should be determined on the basis of paragraphs 1 to 6a of article 2 of regulation 2016 / 1036 , with effect from the date on which this regulation enters into force , and subject to the provisions of this regulation . in the case of countries which are , at the date of initiation , not members of the wto and listed in annex i of regulation 2015 / 7552 , norma1 value should be determined on the basis of paragraph 7 of article 2 of regulation 2016 / 1036 , as amended by this regulation . this regulation should be without prejudice to establishing whether or not any wto member is a market economy . __________________ 2 regulation 2015 / 755 of the european parliament and of the council of 29 april 2015 on common rules for imports from certain third countries . ### in view of developments in world trade , concerning also members of the wto , including their effects on domestic industry , it is appropriate to determine normal value on the basis of paragraphs 1 to 6a of article 2 of regulation 2016 / 1036 , with effect from the date on which this regulation enters into force , and subject to the provisions of this regulation . in the case of non - market - economy countries which are members of the wto or that , at the date of initiation , are not members of the wto and listed in annex i of regulation 2015 / 7552 , norma1 value should be determined on the basis of paragraph 7 of article 2 of regulation 2016 / 1036 , as amended by this regulation . __________________ 2 regulation 2015 / 755 of the european parliament and of the council of 29 april 2015 on common rules for imports from certain third countries .


### articles 2 and 2 of regulation 2016 / 1036 stipulate the basis on which normal value should be determined in the case of imports from non - market economy countries . in view of developments with respect to certain countries that are members of the wto , it is appropriate that , for those countries , normal value should be determined on the basis of paragraphs 1 to 6a of article 2 of regulation 2016 / 1036 , with effect from the date on which this regulation enters into force , and subject to the provisions of this regulation . in the case of countries which are , at the date of initiation , not members of the wto and listed in annex i of regulation 2015 / 7552 , norma1 value should be determined on the basis of paragraph 7 of article 2 of regulation 2016 / 1036 , as amended by this regulation . this regulation should be without prejudice to establishing whether or not any wto member is a market economy . _________________ 2 regulation 2015 / 755 of the european parliament and of the council of 29 april 2015 on common rules for imports from certain third countries . ### articles 2 and 2 of regulation 2016 / 1036 stipulate the basis on which normal value should be determined in the case of imports from non - market economy countries . in view of developments with respect to certain countries that are members of the wto , it is appropriate that , for those countries , normal value should be determined on the basis of paragraphs 1 to 6a of article 2 of regulation 2016 / 1036 , with effect from the date on which this regulation enters into force , and subject to the provisions of this regulation . in the case of countries acting as non - market economy countries which are members of the wto or which , at the date of initiation , are not members of the wto and listed in annex i of regulation 2015 / 7552 , norma1 value should be determined on the basis of paragraph 7 of article 2 of regulation 2016 / 1036 , as amended by this regulation . this regulation should be without prejudice to establishing whether or not any wto member is a market economy . this regulation should be in accordance with the union ' s obligations under international law , including the united nations sustainable development goals . _________________ 2 regulation 2015 / 755 of the european parliament and of the council of 29 april 2015 on common rules for imports from certain third countries .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy , the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , and with sufficient level of social and environmental standards , provided the relevant data are readily available including union costs of production and sale when appropriate . indirect environmental costs such as co2 emissions shall be taken into account and estimated as a rate of the total cost for the same amount in the union ; in case of no cooperation from the exporting country , the maximal cost will be applied . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production , including labour costs , costs for observation of environmental obligations , and taxes , and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### in the case of imports from countries which are , at the date of initiation , not members of the wto and listed in annex i of regulation 2015 / 755 , normal value shall be determined on the basis of the price or constructed value in a market economy third country , or the price from such a third country to other countries , including the union , or where those are not possible , on any other reasonable basis , including the price actually paid or payable in the union for the like product , duly adjusted if necessary to include a reasonable profit margin . ### in the case of imports from countries which are , at the date of initiation , countries acting as non - market economies , including countries that are not members of the wto and listed in annex i of regulation 2015 / 755 , normal value shall be determined on the basis of the price or constructed value in an appropriate and similar representative country , or the price from such a third country to other countries , including the union , or where those are not possible , on any other reasonable basis , including the price actually paid or payable in the union for the like product , duly adjusted if necessary to include a reasonable profit margin . in case of relevant free trade agreements with countries whose economy is entrenched with the report country , should be taken account of in the determination of anti - dumping and anti - subsidy measures .


### the parties to the investigation shall be informed shortly after its initiation of the market economy third country envisaged and shall be given 10 days to comment . ### the parties to the investigation shall be informed shortly after its initiation of the appropriate representative country with a similar level of economic development as the exporting country envisaged and shall be given 10 days to comment . the commission shall also take into account the level of cooperation of the country of origin or export during the investigation and in the case of no cooperation from the exporting country , the maximum cost shall be applied .


### significant differences between domestic and cross - border tariffs for parcel delivery services should be justified by objective criteria , such as additional costs for transport and a reasonable profit margin . universal service providers providing parcel delivery services should be required to provide such justification without delay . ### in case of a price difference between the domestic and cross - border tariffs for parcel delivery services that is higher than 1 . 5 times the average tarriff between the parcel delivery services of the originating member state and the destination member state , this should be justified by objective criteria , such as additional costs for transport and a reasonable profit margin . parcel service providers should be required to provide such justification without delay .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the legitimate expectations of consumers and the purpose for which digital content of the same description would normally be used .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and specifically article 16 , 38 and 47 thereof . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and specifically article 7 , 8 , 16 , 38 and 47 thereof .


### to the extent that the contract does not stipulate , where relevant , in a clear and comprehensive manner , the requirements for the digital content under paragraph 1 , the digital content shall be fit for the purposes for which digital content of the same description would normally be used including its functionality , interoperability and other performance features such as accessibility , continuity and security , taking into account : ### to the extent that the contract does not stipulate , in a clear and comprehensive manner , the requirements for the digital content under paragraph 1 , the digital content shall be fit for the purposes that consumers could reasonably expect or for which digital content of the same description would normally be used including its functionality , interoperability and other performance features such as accessibility , continuity and security , taking into account :


### the consumer may terminate the contract only if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 paragraphs and . the burden of proof that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier . ### the consumer may terminate the contract if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 paragraphs and . the burden of proof that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public or the general interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation .


### at union level , reports by whistleblowers are one upstream component of enforcement of union law : they feed national and union enforcement systems with information leading to effective detection , investigation and prosecution of breaches of union law . ### at union level , reports and disclosures by whistleblowers are one upstream component of enforcement of union law : they feed national and union enforcement systems with information leading to effective detection , investigation and prosecution of breaches of union law .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### in certain policy areas , breaches of union law may cause serious harm to the public or general interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective , independent reporting channels .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum standards ensuring effective , whistleblower protection should apply in all acts and policy areas of the european union , which by their very nature constitute a public and general interest .


### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . _________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations . ### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public or general interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . _________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations .


### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public or general interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers ' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . _________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### persons who report information about threats or harm to the public interest obtained in the context of their work - related activities make use of their right to freedom of expression . the right to freedom of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , encompasses media freedom and pluralism . ### persons who report information about threats or harm to the public interest or the general interest obtained , inter alia in the context of their work - related activities , make use of their right to freedom of expression . the right to freedom of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , encompasses media freedom and pluralism as well as the right to information .


### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . in accordance with the court ' s case law , the notion of ' worker ' should be interpreted broadly , including for example civil servants . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### protection should also extend to further categories of natural or legal persons , who , whilst not being ' workers ' within the meaning of article 45 tfeu , can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work - related activities . for instance , in areas such as product safety , suppliers are much closer to the source of possible unfair and illicit manufacturing , import or distribution practices of unsafe products ; in the implementation of union funds , consultants providing their services are in a privileged position to draw attention to breaches they witness . such categories of persons , including self - employed persons providing services , freelance , contractors , sub - contractors and suppliers , are typically subject to retaliation in the form of early termination or cancellation of contract of services , licence or permit , loss of business , loss of income , coercion , intimidation or harassment , blacklisting / business boycotting or damage to their reputation . shareholders and persons in managerial bodies , may also suffer retaliation , for instance in financial terms or in the form of intimidation or harassment , blacklisting or damage to their reputation . protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre - contractual negotiation stage , and may suffer retaliation for instance in the form of negative employment references or blacklisting / business boycotting . ### protection should also extend to people facilitating the reporting , such as intermediaries and investigative journalists , who disclose potential or occurred breach , as well as further categories of natural or legal persons , who , whilst not being ' workers ' within the meaning of article 45 tfeu , can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work or social or political - related activities . for instance , in areas such as product safety , suppliers are much closer to the source of possible unfair and illicit manufacturing , import or distribution practices of unsafe products ; in the implementation of union funds , consultants providing their services are in a privileged position to draw attention to breaches they witness . such categories of persons , including self - employed persons providing services , freelance , contractors , sub - contractors and suppliers , are typically subject to retaliation in the form of early termination or cancellation of contract of services , licence or permit , loss of business , loss of income , coercion , intimidation or harassment , blacklisting / business boycotting or damage to their reputation . shareholders and persons in managerial bodies , may also suffer retaliation , for instance in financial terms or in the form of intimidation or harassment , blacklisting or damage to their reputation . protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre - contractual negotiation stage , and may suffer retaliation for instance in the form of negative employment references or blacklisting / business boycotting .


### retaliation expresses the close relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission occurring in the work - related context which causes them detriment . ### retaliation expresses the close relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission occurring especially in the work - related context which causes them detriment .


### whistleblowers are , in particular , important sources for investigative journalists . providing effective protection to whistleblowers from retaliation increases the legal certainty of whistleblowers and thereby encourages and facilitates whistleblowing also to the media . in this respect , protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘ watchdog’ role of investigative journalism in democratic societies . ### whistleblowers are , in particular , important sources for investigative journalists . providing effective protection to whistleblowers from retaliation increases the legal certainty of whistleblowers and thereby encourages and facilitates whistleblowing also to the media . in this respect , protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘ watchdog’ role of investigative journalism in democratic societies . in view of the variety of situations , this directive does not establish an order of priority between the different channels of reporting and disclosure . it is for the reporting person to determine the most appropriate channel , taking into account the rights and legitimate interests of the concerned persons . due to their importance for the freedom of expression and the right to receive information , public disclosures , including through the media , should be encouraged .


### this directive shall also apply to reporting persons whose work - based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation . ### this directive shall also apply to reporting persons whose work - based relationship has ended or is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation .


### ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ; ### ‘ abuse of law’ means acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ;


### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ### ‘ retaliation’ means any threatened or actual actor omission prompted by the internal or external reporting or disclosure which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ;


### ‘ follow - up’ means any action taken by the recipient of the report , made internally or externally , to assess the accuracy of the allegations made in the report and , where relevant , to address the breach reported , including actions such as internal enquiry , investigation , prosecution , action for recovery of funds and closure ; ### ‘ follow - up’ means any action taken by the recipient of the report , made internally or externally , to assess the accuracy of the allegations made in the report and , where relevant , to address the breach reported , including actions such as internal enquiry , investigation , prosecution , action for recovery of funds and closure , as well as any other relevant remedial action ;


### member states shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed . ### member states shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority within reasonable time and that the reporting person is informed without delay .


### member states shall ensure that competent authorities have staff members dedicated to handling reports . dedicated staff members shall receive specific training for the purposes of handling reports . ### member states shall ensure that competent authorities have staff members dedicated to handling reports , while respecting confidentiality of persons reporting on breaches . dedicated staff members shall receive specific training for the purposes of handling reports .


### a statement clearly explaining that persons making information available to the competent authority in accordance with this directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative , regulatory or administrative provision , and are not to be involved in liability of any kind related to such disclosure . ### a statement clearly explaining that persons making information available to the competent authorities and on internal reporting channels in accordance with this directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative , regulatory or administrative provision , and are not to be involved in liability of any kind related to such disclosure .


### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive . ### a reporting person shall qualify for protection under this directive from the moment that he / she consults internal or external reporting channels&#160 ; referred to&#160 ; in this directive , provided he or she has reasonable grounds to believe that the information reported or disclosed was true at the time of reporting or disclosure and that this information falls within the scope of this directive .