### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 .


### the commission may establish guidance on the elaboration and implementation of national air pollution control programmes . ### the commission shall establish guidance on the elaboration and implementation of national air pollution control programmes .


### the commission shall , every five years at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive . ### the commission shall , every 30 months at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive and the reasons for non - achievement , where applicable .


### member states shall ensure , if practicable , the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in annex v . ### member states shall monitor , if practicable , adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in annex v .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### in order to limit the atmospheric emissions of air pollutants and to effectively contribute to the union objective of achieving air quality that does not give rise to significant negative impacts on and risks to health , and to reducing the levels deposition of acidifying and eutrophying pollutants below critical loads and levels , binding national emission reduction commitments are set in this directive for 2020 , 2025 and 2030 .


### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 20 minutes . ; ### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 30 minutes . no television advertising or teleshopping shall be inserted during religious services or during children ' s programmes . ;


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , disability , race , colour , religion , descent or national or ethnic origin .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the hourly proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % of advertising in a given hour .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the amount of which shall be at least 4 % of the trader’s total global annual turnover in the member state or member states concerned .


### where appropriate , the intentional or negligent character of the infringement ; ### the intentional or negligent character of the infringement ;


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being seemingly identical or similar to the another product marketed , where those products have different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers . when assessing a trader ' s right to adapt the same brand to different geographical markets , taking into account legitimate factors such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food , the competent authority should examine whether the consumer has been sufficiently , clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance .


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product with seemingly identical presentation to another product , which is marketed under the same brand but has differences in composition or sensory profile . competent authorities should assess and address such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers .


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical or seemingly identical to the same product marketed in another member state , where those products have different composition or characteristics . listing this practice in annex i of directive 2005 / 29 / ec should therefore lead to greater certainty by prohibiting it under all circumstances . this provision does not restrict a trader ' s right to adapt products of the same brand provided that the quality of such products does not diverge and consumers are clearly informed of this by a legible labelling stating the legitimate reasons for this adaptation .


### using editorial content in the media , or providing information to a consumer’s online search query , to promote a product where a trader has paid for the promotion without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer . this is without prejudice to directive 2010 / 13 / eu48 . __________________ 48 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### using editorial content in the media , or providing information to a consumer’s online search query , to promote a product where a trader has paid the trader has paid direct or indirect remuneration for this promotion , without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer . this is without prejudice to directive 2010 / 13 / eu48 . __________________ 48 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical when , in reality , they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . ### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing of products as being seemingly identical or similar when , in reality , they have different composition or characteristics , without the consumer being clearly and comprehensively informed thereof , may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case , but generally speaking , in cases where : one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation ; this difference may change the economic behaviour of the average consumer , who would have taken a different purchasing decision where he was aware of such a difference . in order to assess whether the appearance is seemingly identical , any words , data , trademarks , brand names , illustrations or symbols relating to a particular product and placed on the package , the document , the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics , taste or nature and , where appropriate , its trademark , shall be taken into account .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the amount of which shall be maximum 4 % of the trader’s annual turnover in the member state or member states concerned .


### ‘ digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ; ### ‘ digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide data to the trader , except where the data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ;


### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ; ### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide data to the trader , except where the data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ;


### digital content and digital services are often supplied online under contracts where the consumer does not pay a price but provides personal data to the trader . digital services are characterised by continuous involvement of the trader over the duration of the contract to enable the consumer to make use of the service , for instance , access to , creation , processing , storing or sharing of data in digital form . examples of digital services are subscription contracts to content platforms , cloud storage , webmail , social media and cloud applications . the continuous involvement of the service provider justifies the application of the rules on the right of withdrawal provided in directive 2011 / 83 / eu that effectively allow the consumer to test the service and decide , during the 14 - day period from the conclusion of the contract , whether to keep it or not . in contrast , contracts for the supply of digital content which is not supplied on a tangible medium are characterised by one - off action by the trader to supply to the consumer a specific piece or pieces of digital content , such as specific music or video files . this one - off nature of the provision of digital content is at the basis of the exception from the right of withdrawal pursuant to article 16 of directive 2011 / 83 / eu , whereby the consumer loses the right of withdrawal when the performance of the contract is started , such as download or streaming of the specific content . ### digital content and digital services are often supplied online under contracts where the consumer does not pay a price but provides data to the trader . digital services are characterised by continuous involvement of the trader over the duration of the contract to enable the consumer to make use of the service , for instance , access to , creation , processing , storing or sharing of data in digital form . examples of digital services are subscription contracts to content platforms , cloud storage , webmail , social media and cloud applications . the continuous involvement of the service provider justifies the application of the rules on the right of withdrawal provided in directive 2011 / 83 / eu that effectively allow the consumer to test the service and decide , during the 14 - day period from the conclusion of the contract , whether to keep it or not . in contrast , contracts for the supply of digital content which is not supplied on a tangible medium are characterised by one - off action by the trader to supply to the consumer a specific piece or pieces of digital content , such as specific music or video files . this one - off nature of the provision of digital content is at the basis of the exception from the right of withdrawal pursuant to article 16 of directive 2011 / 83 / eu , whereby the consumer loses the right of withdrawal when the performance of the contract is started , such as download or streaming of the specific content .


### in respect of any digital content to the extent that it does not constitute personal data , which was uploaded or created by the consumer when using the digital content or digital service supplied by the trader the trader shall comply with the obligations and can exercise the rights provided under [ digital content directive ] . ’ ### in respect of any digital content to the extent that it does not constitute data , which was uploaded or created by the consumer when using the digital content or digital service supplied by the trader the trader shall comply with the obligations and can exercise the rights provided under [ digital content directive ] . ’


### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query . ### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters and their relative importance vis - à - vis other parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters and their relative importance vis - à - vis other parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query .


### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 4 % of the trader ' s annual turnover in the member state concerned . ### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the fines for such infringements at a level that is at least 4 % of the trader ' s overall total annual turnover in the member state concerned .


### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 70 % . ### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 85 % .


### 70 % for the less developed regions ; ### 85 % for the less developed regions ;


### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , exchange of and access to information , terrorism , trafficking in human beings , exploitation of illegal immigration , child sexual exploitation , distribution of child abuse images and child pornography , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation . ### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , terrorism , trafficking in human beings , exploitation of refugees and irregular migrants , child sexual exploitation , distribution of child abuse images , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation .


### actions funded shall be implemented in full respect for fundamental rights and human dignity . in particular , actions shall comply with the provisions of the charter of fundamental rights of the european union , union data protection law and the european convention for the protection of human rights and fundamental freedoms . in particular , wherever possible , special attention shall be given by member states when implementing actions to the assistance and protection of vulnerable persons , in particular children and unaccompanied minors . ### actions funded shall be implemented in full respect for fundamental rights and human dignity , and the funding shall be interrupted and recovered if there are indications that the actions contribute to their violation . in particular , actions shall comply with the provisions of the charter of fundamental rights of the european union , union data protection law and the european convention for the protection of human rights and fundamental freedoms . special attention shall be given when implementing actions relating vulnerable persons , in particular children , unaccompanied minors and persons seeking international protection .


### –cooperation with the private sector in order to build trust and improve coordination , contingency planning and the exchange and dissemination of information and best practices among public and private actors including in the protection of public spaces and critical infrastructure ; ### –exchange and dissemination of information and best practices among public and private actors including in the protection of public spaces and critical infrastructure ;


### there is a need to maximise the impact of union funding by mobilising , pooling and leveraging public and private financial resources . the fund should promote and encourage the active and meaningful participation and involvement of civil society , including non - governmental organisations , as well as the industrial sector in the development and implementation of security policy , including where relevant with involvement of other relevant actors , union agencies and other union bodies , third countries and international organisations in relation to the objective of the fund . ### there is a need to maximise the impact of union funding . the fund should promote and encourage the active and meaningful participation and involvement of civil society , including non - governmental organisations , in the development and implementation of security policy , including where relevant with involvement of other relevant actors , union agencies and other union bodies , in relation to the objective of the fund .


### the commission shall implement information and communication actions relating to the fund and its actions and results . financial resources allocated to the fund shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall implement information and communication actions relating to the fund and its actions and results .


### any legal entity created under union law or any international organisation . ### any legal entity created under union law .


### to support effort at strengthening the capabilities in relation to combatting and preventing crime including terrorism in particular through increased cooperation between public authorities , civil society and private partners across the member states . ### to support effort at strengthening the capabilities in relation to preventing crime in particular through increased cooperation between public authorities , civil society and private partners across the member states .


### to increase the exchange of information among and within the union law enforcement and other competent authorities and other relevant union bodies as well as with third countries and international organisations ; ### to improve the exchange of information among and within the union law enforcement and other competent authorities and other relevant union bodies as well as with third countries and international organisations , where relevant ;


### to achieve this objective , actions should be taken at union level to protect people and goods from increasingly transnational threats and to support the work carried out by member states’ competent authorities . terrorism , serious and organised crime , itinerant crime , drug trafficking , corruption , cybercrime , trafficking in human beings and arms , among others , continue to challenge the internal security of the union . ### to achieve this objective , actions should be taken at union level to protect people , public spaces and critical infrastructure from increasingly transnational threats and to support the work carried out by member states’ competent authorities . terrorism , serious and organised crime , itinerant crime , drug trafficking , corruption , cybercrime , hybrid threats , trafficking in human beings and arms , among others , continue to challenge the internal security and the internal market of the union .


### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , exchange of and access to information , terrorism , trafficking in human beings , exploitation of illegal immigration , child sexual exploitation , distribution of child abuse images and child pornography , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation . ### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , terrorism , trafficking in human beings , exploitation of irregular immigration , child sexual exploitation and abuse , distribution of child abuse images , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation .


### —it systems and networks contributing to the achievement of the objectives of this regulation , training on the use of such systems , testing and improving interoperability and data quality of such systems ; ### —it systems and networks contributing to the achievement of the objectives of this regulation , training on the use of such systems , and on fundamental rights aspects relating to their use , testing and improving data quality of such systems ;


### the commission shall ensure that the union agency for law enforcement cooperation , the european union agency for law enforcement training and the european monitoring centre for drugs and drug addiction are associated to the development of the programmes at an early stage , as regards the areas of their competence . specifically , member states shall consult europol on the design of their actions in particular when including eu policy cycle or empact actions or actions coordinated by the joint cybercrime action taskforce in their programmes . prior to including training in their programmes , member states shall coordinate with cepol in order to avoid overlaps . ### the commission shall ensure that the union agency for law enforcement cooperation , the european union agency for law enforcement training and the european monitoring centre for drugs and drug addiction are associated to the development of the programmes at an early stage , as regards the areas of their competence . specifically , member states shall consult europol on the design of their actions in particular when including eu policy cycle or empact actions or actions coordinated by the joint cybercrime action taskforce in their programmes . prior to including training in their programmes , member states shall coordinate with cepol in order to establish best practice . members states shall also consult other relevant stakeholders , including civil society organisations , on the design of their actions .


### the available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals received and , in principle , on a ' first come , first served ' basis . ### the available budget shall be allocated in a geographically balanced manner , and in keeping with the objectives of bringing about economic , social and territorial cohesion and offsetting regional differences in the provision of fast internet access across the union , to projects meeting the above conditions on the basis of the proposals received .


### projects duplicating already existing private or public offers of similar characteristics , including quality , in the same area shall not be covered . ### projects duplicating already existing private or public offers of similar characteristics , including quality , available free of charge under the same terms in the same area served by existing public wlan routers shall not be covered . municipalities which already offer access at lower speeds may continue to be receive support with a view to promoting the blanket availability of fast internet access , however .


### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be limited to projects that do not duplicate already existing private or public offers of similar characteristics in the same area . this should not exclude additional support to deployments under this initiative from public or private sources of funding . ### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be limited to projects that do not duplicate already existing offers of similar characteristics available free of charge under similar terms in the same area served by existing public wlan routers . this should not exclude additional support to deployments under this initiative from public or private sources of funding . municipalities which already offer access at lower speeds should continue to be eligible for support with a view to promoting the blanket availability of fast internet access .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission and thus help to ensure that local communities in the centres of public life are guaranteed access to information and involvement in public life , can improve their digital skills and can experience the benefits of very high - speed broadband . such entities could include municipalities and other local public authorities , libraries , schools , community centres , sports facilities , bus and tram stops and hospitals .


### for a validity period of one year , provided that the applicant has obtained and lawfully used three visas within the previous two years ; ### for a validity period of one year , provided that the applicant has obtained and lawfully used two visas within the previous two years ;


### article 15 ### article 15 is deleted


### three years after&#160 ; [ the date of entry into force of this regulation ] , the commission shall produce an evaluation of the application&#160 ; of this regulation . this overall evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of this regulation . ### two years after [ the date of entry into force of this regulation ] , the commission shall produce an evaluation of the application of this regulation . this overall evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of this regulation .


### given the differences in local circumstances notably with regard to migratory and security risks , as well as the relationships that the union maintains with specific countries , member states ' diplomatic missions and consular posts in individual locations should assess the need to adapt the general provisions to allow for a more favourable or more restrictive application . more favourable approaches in issuing multiple - entry visas with a long period of validity should take into account , in particular , the existence of trade agreements covering the mobility of business persons , and the third country ' s cooperation on the readmission of irregular migrants . ### given the differences in local circumstances and the relationships that the union maintains with specific countries , member states ' diplomatic missions and consular posts in individual locations may assess the need to adapt the general provisions to allow for a more favourable application of the visa regime . these more favourable approaches in issuing multiple - entry visas with a long period of validity should take into account , in particular , the existence of agreements covering the mobility of nationals of the countries concerned , and the third country ' s cooperation .


### the european union ' s common short - stay visa policy has been an integral part to the establishment of an area without internal borders . visa policy should remain an essential tool for facilitating tourism and business , while helping counter security risks and the risk of irregular migration to the union . ### the european union ' s common short - stay visa policy has been an integral part to the establishment of an area without internal borders . &#160 ; a visa policy which respects human rights and fundamental freedoms should facilitate travel by third - country nationals to the eu while guaranteeing free movement of persons and maintaining the security of people within eu territory . the common visa policy should be consistent with other union policies , including those on freedom of movement , residence and mobility .


### the issuing of visas at the external border should remain exceptional . however , to promote short term tourism , member states should be authorised to issue visas at the external border on the basis of temporary schemes , for which the organisational arrangements should be notified and published . such schemes should be limited in scope and comply with the general rules for processing visa applications . the validity of the visa issued should be limited to the territory of the issuing member state . ### the issuing of visas at the external border should enable member states , inter alia , to promote short term tourism ; member states may issue visas at the external border on the basis of temporary schemes , for which the organisational arrangements should be notified and published . such schemes should comply with the general rules for processing visa applications .


### where necessary on the basis of the assessment referred to in paragraph 2b , the commission shall by means of implementing acts adopt the rules regarding the condition for the issuing of multiple - entry visas laid down in paragraph 2 to be applied in each jurisdiction in order to take account of local circumstances , of the migratory and security risks and of the cooperation of the third country in question on readmission of irregular migrants in the light of the indicators set out in article 25a , and of its overall relation with the union . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 52 . ; ### where necessary on the basis of the assessment referred to in paragraph 2b , the commission shall by means of delegated acts adopt the rules regarding the condition for the issuing of multiple - entry visas laid down in paragraph 2 to be applied in each jurisdiction in order to take account of local circumstances .


### children under six years ; ### in article 16 , point , is amended ‘ minors under 18 years ; ’


### the service fee shall not exceed half of the amount of the visa fee set out in article 16 , irrespective of the possible reductions in or exemptions from the visa fee as provided for in article 16 , , and . ### in article 17 , paragraph 4 is amended ‘ 4 . the service fee may not under any circumstances exceed half of the amount of the visa fee . ’


### that period may be extended up to a maximum of 45 calendar days in individual cases , notably when further scrutiny of the application is needed . ### that period may be extended up to a maximum of 30 calendar days in individual cases , notably when further scrutiny of the application is needed .


### participants aged 25 years or less in seminars , conferences , sports , cultural or educational events , organised by non - profit organisations . ### in article 15 , point is amended ‘ participants in seminars , conferences , sports , cultural or educational events , organised by non - profit organisations . ’


### light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . the impact assessment illustrated the added value of adopting an approach based on alternative fuels until technology - neutral requirements for co2 emissions from heavy - duty vehicles have been set at union level , which the commission intends to propose in the future . the impact assessment further recognised that markets for low - and zero - emission urban buses are characterised by increased market maturity , whereas markets for low - and zero - emission trucks are at an earlier stage of market development . ### light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . the impact assessment illustrated the added value of adopting an approach based on alternative fuels until technology - neutral requirements for co2 emissions from heavy - duty vehicles have been set at union level , which the commission intends to propose in the future , and taking into account that not all alternative fuels represent a sustainable solution in a medium and long term perspective . therefore , the focus should be on electric vehicles supplied by 100% renewable energy . the impact assessment further recognised that markets for low - and zero - emission urban buses are characterised by increased market maturity , whereas markets for low - and zero - emission trucks are at an earlier stage of market development and , consequently , in the latter case greater efforts need to be made .


### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , with a view to ensuring the proper functioning of the internal market . ### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , with a view to ensuring the proper functioning of the internal market , while also ensuring that the protection of citizens vis - à - vis the verified standards and qualifications of all those regulated professions and professionals , remains of paramount importance .


### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . ### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a reasonable and defined margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest .


### since the investment plan for europe was presented in november 20143 , the conditions for an uptake in investment have improved and confidence in europe ' s economy and growth are returning . the union is now in its fourth year of moderate recovery , with gross domestic product growing at 2% in 2015 . the comprehensive efforts initiated with the investment plan are already delivering concrete results , despite the fact that macroeconomic effects of larger investment projects cannot be immediate . investment is expected to pick up gradually throughout 2016 and 2017 although it remains below historical levels . _________________ 3 com 903 final . ### since the investment plan for europe was presented in november 20143 , the conditions for an uptake in investment have improved and confidence in europe ' s economy and growth should be returning . after several years of little or no recovery , there was an increase of 2% in gross domestic product in 2015 . while this is encouraging , there is no evidence to show that this is in any way related to the investment plan , as the macroeconomic effects of larger investment projects cannot be immediate . investment , however , remains at worryingly low levels though the hope is that it will pick up gradually through 2017 . _________________ 3 com 903 final .


### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi . ### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of broadly proportional sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi .


### if the authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision , or where there are otherwise reasonable grounds to believe , that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . _________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , . ### if there are reasonable grounds to believe , inter alia because of a decision of a supervisory authority within the meaning of point 21of article 4 of regulation 2016 / 679 of the european parliament and of the council , that the activities of a european political party or a european political foundation amount to an unfair attempt to manipulate the outcome of the european elections , as described in a foreseeable manner by the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately manipulated or attempted to manipulate the outcome of elections . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority .


### the investeu fund should contribute to improving the competitiveness of the union , including in the field of innovation and digitisation , the sustainability of the union ' s economic growth , the social resilience and inclusiveness and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union . ### the investeu fund should be geared to social , economic and territorial cohesion and be capable of helping to increase aggregate demand and carry out investment in public infrastructure , which may subsequently leverage and boost private investment . only a plan of this nature can be effective in reviving growth , fighting unemployment and combating social , economic and territorial inequalities . to that end , it should favour projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners and to encourage social and regional cohesion through the creation of quality jobs and the broadening and improvement of the productive base of member states , especially those facing severe economic imbalances , suffering from austerity measures and undergoing violent structural adjustments ;


### to increase the access to and the availability of finance for smes and , in duly justified cases , for small mid - cap companies ; ### to increase the access to and the availability of finance for smes ;


### in the last years , the union has adopted ambitious strategies to complete the single market and to stimulate sustainable growth and jobs , such as the capital markets union , the digital single market strategy , the clean energy for all europeans package , the union action plan for the circular economy , the low - emission mobility strategy , the defence and the space strategy for europe . the investeu fund should exploit and reinforce synergies between those mutually reinforcing strategies through providing support to investment and access to financing . ### in the last years , the union has adopted strategies to complete the single market and to stimulate sustainable growth and jobs . the investeu fund should exploit and reinforce synergies between those strategies through providing support to investment and access to financing .


### in order to demonstrate compliance with this regulation , controllers should maintain records of processing activities under their responsibility and processors should maintain records of categories of processing activities under their responsibility . union institutions and bodies should be obliged to cooperate with the european data protection supervisor and make their records , on request , available to it , so that they might serve for monitoring those processing operations . union institutions and bodies should be able to establish a central register of records of their processing activities . for reasons of transparency , they should also be able to make such a register public . ### in order to demonstrate compliance with this regulation , controllers should maintain records of processing activities under their responsibility and processors should maintain records of categories of processing activities under their responsibility . union institutions and bodies should be obliged to cooperate with the european data protection supervisor and make their records , on request , available to it , so that they might serve for monitoring those processing operations . union institutions and bodies should be able to establish a central register of records of their processing activities . for reasons of transparency , they should make such a register public . data subjects should have the possibility to consult that register through the data protection officer of the controller .


### union institutions and bodies may decide to keep their records of processing activities in a central register . in this case , they may also decide to make the register publicly accessible . ### union institutions and bodies shall keep their records of processing activities in a central register . for reasons of transparency , they should also make such a register public so that the individual concerned can consult it without prejudice to the rights of other concerned parties .


### legal acts adopted on the basis of the treaties or internal rules of union institutions and bodies may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability , confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes . ### legal acts adopted on the basis of the treaties may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes .


### the european parliament and the council shall appoint the european data protection supervisor by common accord for a term of five years , on the basis of a list drawn up by the commission following a public call for candidates . the call for candidates shall enable all interested parties throughout the union to submit their applications . the list of candidates drawn up by the commission shall be public . on the basis of the list drawn up by the commission , the competent committee of the european parliament may decide to hold a hearing in order to enable it to express a preference . ### the european parliament and the council shall appoint the european data protection supervisor by common accord for a term of five years , on the basis of a list drawn up jointly by the european parliament , the council and the commission following a public call for candidates . the call for candidates shall enable all interested parties throughout the union to submit their applications . the list of candidates shall be public and shall consist of at least five candidates . the competent committee of the european parliament may decide to hold a hearing of the listed candidates in order to enable it to express a preference .


### the data protection officer may be a staff member of the union institution or body , or fulfil the tasks on the basis of a service contract . ### the data protection officer shall be a staff member of the union institution or body , or fulfil the tasks on the basis of a service contract .


### the processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject . such processing should be subject to suitable and specific measures so as to protect the rights and freedoms of natural persons . in that context , ‘ public health’ should be interpreted as defined in regulation no 1338 / 2008 of the european parliament and of the council15 , namely all elements related to health , namely health status , including morbidity and disability , the determinants having an effect on that health status , health care needs , resources allocated to health care , the provision of , and universal access to , health care as well as health care expenditure and financing , and the causes of mortality . such processing of data concerning health for reasons of public interest should not result in personal data being processed for other purposes by third parties . _________________ 15 regulation no 1338 / 2008 of the european parliament and of the council of 16 december 2008 on community statistics on public health and health and safety at work . ### the processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject . such processing should be subject to suitable and specific measures so as to protect the rights and freedoms of natural persons . in that context , ‘ public health’ should be interpreted as defined in regulation no 1338 / 2008 of the european parliament and of the council15 , namely all elements related to health , namely health status , including morbidity and disability , the determinants having an effect on that health status , health care needs , resources allocated to health care , the provision of , and universal access to , health care as well as health care expenditure and financing , and the causes of mortality . such processing of data concerning health for reasons of public interest should not result in personal data being processed for other purposes . _________________ 15 regulation no 1338 / 2008 of the european parliament and of the council of 16 december 2008 on community statistics on public health and health and safety at work .


### legal acts adopted on the basis of the treaties or , in matters relating to the operation of the union institutions and bodies , internal rules laid down by the latter may restrict the application of articles 14 to 22 , 34 and 38 , as well as article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 22 , when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard : ### legal acts adopted on the basis of the treaties may restrict the application of articles 14 to 22 , 34 and 38 , as well as article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 22 , when such a restriction respects the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard :


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a public consultation took place which attracted 4 . 5 million respondents , given that 70%of the respondents came from one country this cannot be taken as representative of the views of the union as a whole . in the light of this and also to safeguard the proper functioning of the internal market and to avoid any significant disruptions caused by divergences between member states in this area . it is inappropriate to put an end to summer - time arrangements at this stage ;


### this directive should apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner . ### this directive should apply from 1 april 2025 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2025 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2025 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2025 in a concerted manner .


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of parcels falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest .


### the transparency of tariffs and terminal rates for certain cross - border parcel delivery services and the assessment of the affordability of certain cross - border tariffs ; ### the transparency of tariffs of cross - border parcel delivery services and the assessment of those tariffs which are unreasonable high ;


### terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . ### terminal rates are an important part of the total cost of delivery services . they are based on multilateral and bilateral agreements between parcel service providers and ensure that the destination service provider is remunerated for the costs of the service provided to the originating one . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . in a similar way , trans - national enterprises delivering in several countries often use internal transfer costs instead .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which items are covered by those definitions . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , parcels with or without commercial value weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting , transport and distribution should be considered parcel delivery services .


### as markets for parcel delivery services are changing fast , the commission should re - assess the efficiency and effectiveness of this regulation and submit a regular report to the european parliament and the council . that report should be accompanied , where appropriate , by proposals for review to the european parliament and the council . ### as markets for parcel delivery services are changing fast , the commission should re - assess the efficiency and effectiveness of this regulation and submit a regular evaluation report to the european parliament and the council . that report should be accompanied , where appropriate , by legislative proposals for review to the european parliament and the council . that report should be produced following consultation with all appropriate stakeholders including the european social dialogue committee for the postal sector .


### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### parcel delivery service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . it is important that any practices in this respect that might be in breach of principles of union competition law and of the provisions of directive 97 / 67 / ec are properly investigated and addressed by member states , national regulatory authorities and by the european commission in a timely and effective manner .


### “terminal rates” means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### “terminal rates” means payments from the originating parcel delivery service provider to the destination parcel delivery service provider , to intermediaries or to its subsidiaries in the destination member state where applicable , for the costs of cross - border parcel delivery services in the destination member state ;


### “terminal rates” means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### “terminal rates” means payments from the originating parcel delivery service provider to the destination parcel delivery service provider or to intermediaries where applicable for the costs of cross - border parcel delivery services in the destination member state , being either terminal dues , inward land rates or transfer prices ;


### where the national regulatory authority concludes that cross - border tariffs referred to in paragraph 1 are not affordable , it shall request further necessary information and / or justification in relation to the level of those tariffs from the universal service provider . ### where the national regulatory authority concludes that cross - border tariffs referred to in paragraph 1 are unreasonably high , it shall request further necessary information and / or justification in relation to the level of those tariffs from the parcel delivery service provider .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by those definitions . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and in accordance with directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting , transport and distribution , should be considered as a parcel delivery service .


### an estimated 80 % of addressed postal items generated by e - commerce today weigh less than two kilograms , and are often processed in the letter - post mail stream . it is important that those postal items are subject to this regulation , notably to the requirements on transparency of tariffs and the assessment of their affordability . ### an estimated 80 % of addressed items generated by e - commerce today weigh less than two kilograms and are often processed in the letter - post mail stream . there is little information on the average weight of parcels delivered by other means and operators . it is important that those items are subject to this regulation , notably to the requirements on transparency of tariffs and the assessment of unreasonable high prices .


### transparency of tariffs and terminal rates ### transparency of tariffs


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established , broken down into domestic , incoming and outgoing cross - border postal items .


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of tariffs which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services .


### ' parcel delivery services ' means services involving the clearance , sorting , transport or distribution of postal items other than items of correspondence ; transport alone shall not be considered a parcel delivery service ; delivery of such items exceeding 31 , 5 kg shall not be considered a parcel delivery service ; ### ' parcel delivery services ' means services involving the clearance , sorting , transport or distribution of parcels ;


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state or member states in which the service provider is established , broken down into domestic , incoming and outgoing cross - border parcels .


### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account : ### the national regulatory authority shall assess the transparency of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . this assessment shall cover all service provider present in the market in a non - discriminatory way . in particular the following elements shall be taken into account :


### the national regulatory authority shall submit its assessment , including any information and / or justification provided in accordance with paragraph 3 , to the commission , the national regulatory authorities of the other member states and the national authorities within the member state of the submitting national regulatory authority entrusted with the implementation of competition law . a non - confidential version of that assessment shall also be provided to the commission . that information shall be provided by 31 march of each calendar year at the latest . ### the national regulatory authority shall submit its assessment , including any information and / or justification provided in accordance with paragraph 3 , to the commission . a non - confidential version of that assessment shall also be provided to the commission . that information shall be provided by 31 march of each calendar year at the latest .


### in order to ensure transparency across the union , the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other member states and to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions . ### in order to ensure transparency across the union , a non - confidential version of the analysis of a national regulatory authority should be submitted to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission , in accordance with article 22a of directive 97 / 67 / ec . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions .


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons working both directly and indirectly for the parcel delivery services provider who are involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year . this shall include breakdowns by reference to employment status and salary , including whether full - time , part - time , temporary , on a non - guaranteed hours basis or self - employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance , sorting , transport or distribution of parcels


### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . this would maintain the link with the ecb and ensure the accountability of the head of the esrb secretariat to the general board . furthermore , the tasks of the head of the esrb secretariat should be clarified , especially since the assignment of a more important role to the head of the esrb secretariat could help increase the impact and effectiveness of warnings and recommendations . the european parliament and the council should be able to ask the general board for additional information . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board .


### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , where appropriate , at an early stage and in an open and transparent manner . ### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , relevant experts and social partners , where appropriate , at an early stage and in an open , pluralistic and transparent manner . for the sake of increased efficiency , the results of those consultations should be fully taken into account .


### when consulted on the appointment of the head of secretariat of the esrb in accordance with article 3 of council regulation no 1096 / 2010* , the general board , following an open and transparent procedure , shall assess whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board shall inform the european parliament and the council about the consultation procedure . *council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ” ### when consulted on the appointment of the head of secretariat of the esrb in accordance with article 3 of council regulation no 1096 / 2010* , the general board , following an open and transparent procedure , shall assess whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board shall inform the european parliament and the council about the consultation procedure . the general board shall inform the european parliament and the council in sufficient detail about the assessment and consultation procedure . the european parliament and the council may ask the general board for additional information . *council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ”


### the broad membership of the general board of the esrb is a major asset . recent developments in the financial supervisory architecture of the union , and in particular the set - up of a banking union , are however not reflected in the composition of that general board . for that reason , the chair of the supervisory board of the ecb and the chair of the single resolution board should become members with voting rights of the general board of the esrb . corresponding adjustments should also be made to the steering committee and to the advisory technical committee , respectively . ### the broad membership of the general board of the esrb is a major asset . recent developments in the financial supervisory architecture of the union , and in particular the set - up of a banking union , should also be reflected in the composition of that general board and be taken into account .


### to strengthen the visibility of the esrb as a body that is separate from its individual members , the chair of the esrb should be able to delegate tasks related to the external representation of the esrb to the head of the esrb secretariat . ### the accountability , transparency and independency of the esrb should be fully ensured and guaranteed . it is also necessary to enhance the esrb ' s autonomy and visibility . such enhancement could be achieved through the establishment of the esrb as an independent , reliable , macro - prudential authority . to strengthen the visibility of the esrb as a body that is separate from its individual members , the chair of the esrb should be able to delegate tasks related to the external representation of the esrb to the head of the esrb secretariat or to the vice - chairs of the esrb .


### “warnings or recommendations issued by the esrb in accordance with points and of article 3 may be of either a general or a specific nature and shall be addressed in particular to the union , to one or more member states , to one or more of the esas or to one or more of the national competent authorities , or to the ecb for the tasks conferred to the ecb in accordance with articles 4 , 4 and 5 of regulation no 1024 / 2013 . ” ; ### “warnings or recommendations issued by the esrb in accordance with points and of article 3 may be of either a general or a specific nature and shall be addressed in particular to the union , to one or more member states , to one or more of the esas or to one or more of the national competent authorities , or to the ecb for the tasks conferred to the ecb in accordance with articles 4 , 4 and 5 of regulation no 1024 / 2013 . those warnings and recommendations shall be sufficiently detailed and reasoned and shall be accompanied by an adequate and comprehensive statement of grounds . ”


### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted to the european parliament and to the esas . ### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted without delay to the european parliament and to the esas .