### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , it is considered appropriate allow for a derogation of in respect of 50% of the emissions from flights to and from aerodromes located in countries outside the european economic area pending the implementation of the global market - based measure , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned , including from the special reserve , for flights not subject to the derogation , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation .


### conditionality is an important element of the cap , in particular with regard to its environmental and climate elements but also concerning public health and animal related issues . this implies that controls should be carried out and , where necessary , penalties should be applied to ensure the effectiveness of the conditionality system . to have a level playing field between beneficiaries in different member states , certain general rules on conditionality controls and penalties should be introduced at union level . ### conditionality is an important element of the cap , in ensuring that payments achieve a high degree of sustainability and ensuring a level playing field for farmers within and between member states , in particular with regard to its environmental and climate elements but also concerning public health and animal welfare . this implies that controls should be carried out and , where necessary , penalties should be applied to ensure the effectiveness of the conditionality system . to have this level playing field between beneficiaries in different member states , certain general rules on conditionality , and controls and penalties related to non - compliance should be introduced at union level .


### the implementing powers of the commission should also cover : rules aiming at reaching a uniform application of member states ' obligations regarding the protection of the financial interests of the union and the necessary rules aiming at reaching a uniform application of checks in the union . ### the implementing powers of the commission should also cover : rules aiming at reaching a uniform application of member states ' obligations regarding the protection of the financial interests of the union which should include the principle of budgetary efficiency by not allowing cap payments that generate additional costs for the eu budget , and the necessary rules aiming at reaching a uniform application of checks in the union . the commission shall therefore also define rules ensuring the coherence between the cap implementation by member states and the union’s other policies , with a particular attention being given to the environmental requirements laid down in article 11 and 191 of the tfeu as well as the obligations in terms of policy coherence for development set out in article 208 tfeu .


### contribute to transparency of world markets ; ### contribute to transparency of world markets , including ensuring policy coherence for development ;


### the system set up by the member states in accordance with article 57 shall include systematic checks which shall also target the areas where the risk of errors is the highest . ### the system set up by the member states in accordance with article 57 shall include systematic checks which shall also target the areas where the risk of errors is the highest and where the nature of those risks poses the highest degree of damage to the environment , climate , and public or animal health .


### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests . ### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels which requires the world to enter into a period of negative emissions , where forests will play a central role . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests .


### the commission shall be empowered to adopt delegated acts in accordance with article 14 to adapt the definitions in paragraph 1 to scientific developments or technical progress and to ensure consistency between those definitions and any changes to relevant definitions in the 2006 ipcc guidelines for national greenhouse gas inventories . ### the commission shall be empowered to adopt delegated acts in accordance with article 14 to adapt the definitions in paragraph 1 to scientific developments or technical progress and to ensure consistency between those definitions and any changes to relevant definitions in the 2006 ipcc guidelines for national greenhouse gas inventories and the 2013 supplement to the 2006 ipcc guidelines for national greenhouse gas inventories : wetlands .


### member states shall account for emissions and removals resulting from afforested land and deforested land , as the total emissions and removals for each of the years in the periods from 2021 to 2025 and from 2026 to 2030 . ### member states shall account for emissions and removals resulting from afforested land and deforested land , calculated as the total emissions and removals for each of the years in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five the member state ' s average annual emissions and removals resulting from managed afforested land and deforested land , in its base period 2005 - 2007 .


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference period based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year , as well as maintain the same ratio of biomass used for energetic purposes and solid biomass purposes .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in addition , the decision to remove such content , being often dependent on a subjective interpretation , can undermine the freedom of expression and information . in this context , it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred hosted on video - sharing platforms , but also to protect and guarantee the fundamental rights of users , to set out common and proportionate rules on those matters . such rules should , in particular , further define at union level the characteristics of ' harmful content ' and ' incitement to violence and hatred ' , taking into account the intention and effect of such content . co - regulatory measures implemented or approved by member states or by the commission should fully respect the obligations of the charter of fundamental rights of the european union , in particular article 52 thereof . national regulatory bodies and authorities should retain effective enforcement powers .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure access to and appropriate prominence of content of general interest under defined general interest objectives . such obligations should be proportionate and meet general interest objectives such as media pluralism , freedom of speech , cultural and regional diversity , as well as language preservation clearly defined by member states in conformity with union law .


### the principal purpose of the service or a dissociable section thereof is devoted to providing programmes and user - generated videos to the general public , in order to inform , entertain or educate ; ### the principal purpose of the service or a dissociable section thereof is devoted to , or the service plays a significant role in , providing programmes and user - generated videos to the general public , in order to inform , entertain or educate ;


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### member states shall encourage co - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned and approved by the national regulatory body or authority . the codes of conduct shall clearly and unambiguously set out their objectives and measures . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective and transparent enforcement , including when appropriate effective and proportionate sanctions . member states shall ensure that in the event the co - regulation fails to achieve the desired level of protection , national regulatory bodies and authorities have effective enforcement powers , including through issuing binding codes of conduct and applying administrative sanctions .


### member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical , mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme . ### member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical or mental development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast or age verification tools . they shall be proportionate to the potential harm of the programme and shall not lead to any additional processing of personal data and be without prejudice to article 8 of regulation 2016 / 679 .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### specifying the characteristics of and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively . member states shall ensure that measures based on terms and conditions are only permitted if national procedural rules provide a possibility for users to assert their rights before a court after learning of such measures ;


### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical , mental or moral development of minors ; ### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical or mental development of minors . such systems shall not lead to any additional processing of personal data and be without prejudice to article 8 of regulation 2016 / 679 ;


### providing for parental control systems with respect to content which may impair the physical , mental or moral development of minors ; ### providing for parental control systems that are under the control of the end - users , with respect to content which may impair the physical or mental development of minors ;


### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . ### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content , provided that any measure taken is strictly limited to what is necessary and proportionate and is taken on the basis of prior judicial authorisation , notwithstanding articles 14 and 15 of directive 2000 / 31 / ec , article 25 of directive 2011 / 93 / eu or article 21b of directive 2016 / xxx / eu [ replace with reference to terrorism directive once that is published and update article number ] .


### member states shall ensure that complaint and redress mechanisms are available for the settlement of disputes between users and video - sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2 . ### member states shall ensure that effective complaint and redress mechanisms , including counter - notice procedure , are available for the settlement of disputes between users and video - sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2 .


### regulatory authorities of the member states ; ### regulatory bodies and authorities of the member states ;


### each member state shall designate one or more independent national regulatory authorities . member states shall ensure that they are legally distinct and functionally independent of any other public or private body . this shall be without prejudice to the possibility for member states to set up regulators having oversight over different sectors . ### each member state shall designate one or more independent national regulatory bodies and authorities . member states shall ensure that they are legally free from any governmental power or influence and functionally independent of any other public or private body . this shall be without prejudice to the possibility for member states to set up regulators having oversight over different sectors .


### member states shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this directive , in particular media pluralism , cultural diversity , consumer protection , internal market and the promotion of fair competition . ### member states shall ensure that national regulatory bodies and authorities exercise their powers impartially and transparently and in accordance with the objectives of this directive , in particular media pluralism , cultural diversity , consumer protection , internal market and the promotion of fair competition .


### member states shall ensure that national regulatory authorities have adequate enforcement powers to carry out their functions effectively . ### member states shall ensure that national regulatory authorities have adequate enforcement powers and resources to carry out their functions effectively .


### it shall be composed of national independent regulatory authorities in the field of audiovisual media services . they shall be represented by the heads or by nominated high level representatives of the national regulatory authority with primary responsibility for overseeing audiovisual media services , or in cases where there is no national regulatory authority , by other representatives as chosen through their procedures . a commission representative shall participate in the group meetings . ### it shall be composed of national independent regulatory authorities in the field of audiovisual media services , which may include those regional independent regulatory bodies and authorities with full competence in the field of audiovisual media services . they shall be represented by the heads or by nominated high level representatives of the national regulatory authority with primary responsibility for overseeing audiovisual media services , or in cases where there is no national regulatory authority , by other representatives as chosen through their procedures . a commission representative shall participate in the group meetings .


### the absence of a uniform legal framework at union level requiring public authorities to accept relevant freight transport information , required by legislation , in electronic form , is considered to be the main reason for the lack of progress towards the simplification and greater efficiency made possible by available electronic means . the lack of acceptance by public authorities of information in electronic form affects not only ease of communication between them and operators but , indirectly , also hampers the development of simplified business - to - business electronic communication across the union . ### the absence of a uniform legal framework at union level requiring public authorities to accept relevant freight transport information , required by legislation , in electronic form , is considered to be the main reason for the lack of progress towards the simplification and greater efficiency made possible by available electronic means . the lack of acceptance by public authorities of information in electronic form affects not only ease of communication between them and operators but , indirectly , also hampers the development of simplified business - to - business electronic communication across the union . the digitalisation of freight transport information would benefit the railway industry specifically , as this sector is currently lagging behind trucks and other forms of road freight transport .


### some areas of union transport law require competent authorities to accept digitised information , but this concerns by far not all relevant union legislation . it should be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the union and in respect of all relevant phases of transport operations conducted within the union . furthermore , that possibility should apply to all regulatory information , in all transport modes . ### some areas of union transport law require competent authorities to accept digitised information , but this concerns by far not all relevant union legislation . it should be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the union , where it is not yet accepted , and in respect of all relevant phases of transport operations conducted within the union . furthermore , that possibility should apply to all regulatory information , in all transport modes .


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


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


### in order to ensure optimal product transparency , pepp manufacturers should draw up the pepp key information document for the pepps that they manufacture before the product can be distributed to pepp savers . they should also be responsible for the accuracy of the pepp key information document . the pepp key information document should replace and adapt the key information document for packaged retail and insurance - based investment products under regulation no 1286 / 2014 of the european parliament and of the council33 which would not have to be provided for pepps . _________________ 33 regulation no 1286 / 2014 of the european parliament and of the council of 26 november 2014 on key information documents for packaged retail and insurance - based investment products , oj l 352 , 9 . 12 . 2014 , p . 1 . ### in order to ensure optimal product transparency , pepp manufacturers should draw up the pepp key information document for the pepps that they manufacture before the product can be distributed to pepp savers . they should also be liable for the accuracy of the pepp key information document . the pepp key information document should replace and adapt the key information document for packaged retail and insurance - based investment products under regulation no 1286 / 2014 of the european parliament and of the council33 which would not have to be provided for pepps . _________________ 33 regulation no 1286 / 2014 of the european parliament and of the council of 26 november 2014 on key information documents for packaged retail and insurance - based investment products , oj l 352 , 9 . 12 . 2014 , p . 1 .


### during the phase when retirement benefits are paid , pepp beneficiaries should continue to receive information on their benefits and corresponding pay - out options . this is particularly important when a significant level of investment risk is borne by pepp beneficiaries in the pay - out phase . pepp beneficiaries should also be informed of any reduction in the level of benefits due , prior to the application of any such reduction , after a decision which will result in a reduction has been taken . as a matter of best practice , pepp providers are recommended to consult pepp beneficiaries in advance of any such decision . ### during the phase when retirement benefits are paid , pepp beneficiaries should continue to receive information on their benefits and corresponding pay - out options . this is particularly important when a significant level of investment risk is borne by pepp beneficiaries in the pay - out phase . pepp beneficiaries should also be informed of any reduction in the level of benefits due , prior to the application of any such reduction , after a decision which will result in a reduction has been taken . pepp providers are recommended to consult pepp beneficiaries in advance of any such decision .


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


### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch providers during the accumulation and the decumulation phases , through a clear , quick and safe procedure . ### in order to find better conditions for their investments , thus also stimulating the competition among pepp providers , pepp savers should have the right to switch providers during the accumulation and the decumulation phases , through a clear , quick , low - cost and safe procedure . switching shall be provided free of charge under exceptional circumstances such as limited portability , withdrawal of an authorisation of the pepp provider or upon request of the pepp savers when it occurs less than every five years .


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


### three years at the latest after the entry into application of this regulation , each pepp shall offer national compartments for all member states upon request addressed to the pepp provider . ### three years at the latest after the entry into application of this regulation , each pepp shall offer national compartments for all member states upon request addressed to the pepp provider . pepp savers shall have the right to switch pepp provider free of charge , irrespective of the frequency stipulated in article 48 , when they change residence to a member state where no compartment for their pepp is offered .


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


### adequate , independent , impartial , transparent and effective adr procedures for the settlement of disputes between pepp customers and pepp providers or distributors concerning the rights and obligations arising under this regulation shall be established in accordance with directive 2013 / 11 / eu of the european parliament and the council49 , using existing competent bodies where appropriate . such adr procedures shall be applicable , and the relevant adr body ' s competence shall effectively extend , to pepp providers or distributors against whom the procedures are initiated . _________________ 49 directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec , oj l 165 , 18 . 6 . 2013 , p . 63 . ### adequate , independent , impartial , transparent and effective adr procedures for the settlement of disputes between pepp customers and pepp providers or distributors concerning the rights and obligations arising under this regulation shall be established in accordance with directive 2013 / 11 / eu of the european parliament and the council49 , using existing competent bodies where appropriate . such adr procedures shall be applicable , and the relevant adr body ' s competence shall effectively extend , to pepp providers or distributors against whom the procedures are initiated . participation in adr mechanism shall be mandatory for pepp providers . _________________ 49 directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec , oj l 165 , 18 . 6 . 2013 , p . 63 .


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time not longer than [ po : 5 years from the date of entry into force of this directive ] , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , the efficient functioning of the regulated system to which the infrastructure is connected , or to the diversification and security of the supply of natural gas to and within the union or any member state . '


### in deciding to grant an exemption , consideration shall be given , on a case - by - case basis , to the need to impose conditions regarding the duration of the exemption and non - discriminatory access to the infrastructure . when deciding on those conditions , account shall , in particular , be taken of the additional capacity to be built or the modification of existing capacity , the time horizon of the project and national circumstances . ### paragraph 6 subparagraph 2 is replaced by the following : ' in deciding to grant an exemption , consideration shall be given , on a case - by - case basis , to the need to impose conditions regarding the duration of the exemption and non - discriminatory access to the infrastructure . when deciding on those conditions , account shall , in particular , be taken of the additional capacity to be built or the modification of existing capacity , the time horizon of the project and national circumstances , and the diversification and security of the supply of natural gas to and within the union or any member state . ”


### where the gas pipeline in question is located in the jurisdiction of more than one member state , the member state in the jurisdiction of which the first interconnection point is located shall decide on a derogation for the pipeline . ### where the gas pipeline in question is located in the jurisdiction of more than one member state , the member state in the jurisdiction of which the first interconnection point is located shall decide on a derogation for the pipeline . prior to granting such a derogation , the member state in the jurisdiction of which the first interconnection point is located shall consult the member states with which this member state’s infrastructure is connected , providing these member states with all relevant information , and shall take the opinion of these member states into account .


### generalised deficiencies in the member states as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review , can seriously harm the financial interests of the union . ### generalised deficiencies in the member states as regards the rule of law and fundamental rights can seriously harm the financial interests of the union , in particular as regards irregularities related to the spending of the union budget and the rights and interests of the citizens , regardless of where they live .


### ' generalised deficiency as regards the rule of law ' means a widespread or recurrent practice or omission , or measure by public authorities which affects the rule of law ; ### ' generalised deficiency ' means any situation where a systemic threat to the rule of law and fundamental rights may be established , or where the rule of law and fundamental rights are directly or indirectly undermined in a systemic way , either by the combined impact of practices , omissions , measures or inactions by public authorities or by widespread or recurrent practices , omissions , measures or inactions by public authorities , and where this situation affects or risks affecting the proper implementation of the union’s budget , in particular the management and control activities , in accordance with the principles of sound financial management and the protection of the financial interests of the union ;


### appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a member state affects or risks affecting the principles of sound financial management or the protection of the financial interests of the union , in particular : ### the measures shall be taken where a generalised deficiency in a member state affects or risks affecting , in particular


### the member state concerned may , at any time , submit to the commission evidence to show that the generalised deficiency as regards the rule of law has been remedied or has ceased to exist . ### the member state concerned may , at any time , submit to the commission evidence to show that the generalised deficiency as regards the union values has been remedied or has ceased to exist


### the commission shall assess the situation in the member state concerned . once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part , the commission shall submit to the council a proposal for a decision lifting those measures in full or in part . the procedure set out in paragraphs 2 , 4 , 5 , 6 and 7 of article 5 shall apply . ### at the request of the member state concerned or on its own initiative , the commission shall assess the situation in that member state concerned , assisted by the democracy , rule of law and fundamental rights expert panel . once the generalised deficiencies as regards the union values which on the grounds of which the appropriate measures were adopted cease to exist in full or in part , the commission shall adopt a decision lifting those measures in full or in part . at the same time as it adopts its decision , the commission shall simultaneously submit to the european parliament and to the council a proposal to transfer the amount equivalent to the value of the measures . the procedure set out in article 5 shall apply


### it is thus appropriate to stress in the general objective of the programme – within its contribution towards responding to economic and social challenges – that enhancing cohesion , competitiveness , productivity , sustainable growth , and job creation should also contribute to the preparations for future participation in the euro area by those member states whose currency is not the euro . ### it is thus appropriate to stress in the general objective of the programme – within its contribution towards responding to economic and social challenges – that enhancing cohesion , competitiveness , productivity , sustainable growth , and job creation should also contribute to convergence in and outside the euro area .


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ” ; ### the general objective of the programme shall be to provide support to national , regional and local authorities for administrative and economic reform and measures aimed at reforming and strengthening institutions , governance , public administration , economic and social sectors , and addressing economic and social challenges , with a view to promoting and enhancing sustainable growth , environmental sustainability , social protection , job creation and investment , competitiveness , productivity , territorial and social cohesion , convergence and shared prosperity , resilience to shocks . that support may include also assistance for the efficient , effective and transparent use of the union funds as well as for the correct and timely transposition and implementation of legal acts of the union . through these goals the programme will also prepare for participation in the euro area , in particular in the context of economic governance processes . ” ;


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### it is appropriate to support and improve the efforts made by member states to fully and properly implement the union asylum acquis , in particular to grant appropriate reception conditions to displaced persons and applicants for , and beneficiaries of , international protection , to ensure the correct determination of status , to apply fair and effective asylum procedures and to promote good practice in the field of asylum , so as to protect the rights of persons requiring international protection and enable member states’ asylum systems to work efficiently . the fund will therefore provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### to improve and reinforce the integration process in european societies , the fund should facilitate legal migration to the union in accordance with the economic and social needs of member states and anticipate the preparation of the integration process already in the country of origin of the third - country nationals coming to the union .


### in this context , the authorities of the member states responsible for the implementation of the fund should be required to cooperate and establish coordination mechanisms with the authorities identified by member states for the purpose of the management of the interventions of the esf + and of the erdf and wherever necessary with their managing authorities and with the managing authorities of other union funds contributing to the integration of third - country nationals . ### in order to be efficient and achieve the greatest added value , the fund should pursue a more targeted approach , in support of consistent strategies specifically designed to promote the integration of third - country nationals at national , local and / or regional level , where appropriate . those strategies should be implemented mainly by local or regional authorities and non - state actors , while not excluding national authorities , in particular where the specific administrative organisation of a member state would so require , or where , in a member state , integration actions fall within a competence shared between the state and decentralised administration . the implementing organisations should choose the measures most appropriate to their particular situation from a range of measures available .


### an efficient return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support and encourage efforts by the member states with a view to the effective implementation and further development of common standards on return , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . for sustainable return policies , the fund should equally support related measures in third countries , such as the reintegration of returnees . _________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### an efficient return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support and encourage efforts by the member states with a view to the effective implementation and further development of common standards on return , with an emphasis on voluntary returns , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . for sustainable return policies , the fund should equally support related measures in third countries , such as the reintegration of returnees . _________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### the employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes . the fund should therefore support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### the fund should support member states , either directly or indirectly , in their implementation of directive 2009 / 52 / ec of the european parliament and of the council16 which prohibits the employment of illegally staying third - country nationals and provides for sanctions against employers who infringe that prohibition . it also includes protective elements such as the right of irregularly employed third country nationals to lodge complaints and claim back their wages . the fund should support the implementation of the latter , as these protective elements have not been implemented sufficiently 286 final implementation report of directive 2009 / 52 / ec ) . _________________ 16 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### measures in and in relation to third countries supported through the fund should complement other actions outside the union supported through the union’s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy in respect of the country or region in question and the union international commitments . in relation to the external dimension , the fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the union ' s migration policy . ### measures in and in relation to third countries supported through the fund should complement other actions outside the union supported through the union’s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s development policies , in particular respecting policy coherence for development , external action and foreign policy in respect of the country or region in question and the union international commitments .


### infrastructure for reception or detention , including the possible joint use of such facilities by more than one member state ; ### infrastructure for reception , including the possible joint use of such facilities by more than one member state ;


### copernicus should ensure an autonomous access to environmental knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment , climate change , civil protection , security , as well as the digital economy , among others . ### copernicus should ensure an autonomous access to environmental knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment and biodiversity , land use , climate change , civil protection , security , as well as the digital economy , among others .


### the commission white paper on the future of europe25 , the rome declaration of the heads of state and government of 27 eu member states26 , and several european parliament resolutions , recall that the eu has a major role to play in ensuring a safe , secure and resilient europe that is capable to address challenges such as regional conflicts , terrorism , cyber threats , and growing migration pressures . secure and guaranteed access to satellite communications is an indispensable tool for security actors , and pooling and sharing of this key security resource at union level strengthens a union that protects its citizens . _________________ 25 https : / / ec . europa . eu / commission / sites / beta - political / files / white_paper_on_the_future_of_europe_en . pdf 26 http : / / www . consilium . europa . eu / uedocs / cms_data / docs / pressdata / en / intm / 146072 . pdf ### the commission white paper on the future of europe25 , the rome declaration of the heads of state and government of 27 eu member states26 , and several european parliament resolutions , recall that the eu has a major role to play in ensuring a safe , secure and resilient europe that is capable of helping to address challenges such as climate change , regional conflicts , terrorism , cyber threats , and growing migration pressures . secure and guaranteed access to satellite communications is an indispensable tool for security actors , and pooling and sharing of this key security resource at union level strengthens a union that protects its citizens . _________________ 25 https : / / ec . europa . eu / commission / sites / beta - political / files / white_paper_on_the_future_of_europe_en . pdf 26 http : / / www . consilium . europa . eu / uedocs / cms_data / docs / pressdata / en / intm / 146072 . pdf


### –land monitoring and agriculture to provide information on land cover , land use and land use change , urban areas , inland water quantity and quality , forests , agriculture and other natural resources , biodiversity and cryosphere ; ### –land monitoring and agriculture to provide information on land cover , land use and land use change , soil quality , desertification , urban areas , inland water quantity and quality , forests and in particular deforestation , agriculture and other natural resources , biodiversity and cryosphere ;


### members of the administrative board and of the security accreditation board , the executive director , seconded national experts and observers shall make a declaration of commitments and a declaration of interests indicating the absence or existence of any direct or indirect interests which might be considered prejudicial to their independence . those declarations shall be accurate and complete . they shall be made in writing upon the entry into service of the persons concerned and shall be renewed annually . they shall be updated whenever necessary , in particular in the event of relevant changes in the personal circumstances of the persons concerned . ### members of the administrative board and of the security accreditation board , the executive director , seconded national experts and observers shall make a declaration of commitments and a declaration of interests indicating the absence or existence of any direct or indirect interests which might be considered prejudicial to their independence . those declarations shall be accurate and complete . they shall be made in writing upon the entry into service of the persons concerned and shall be renewed annually . they shall be updated whenever necessary , in particular in the event of relevant changes in the personal circumstances of the persons concerned . both the declaration of commitments and the declaration of interests shall be made publicly available , and easily accessible online .


### before any meeting which they are to attend , members of the administrative board and of the security accreditation board , the executive director , seconded national experts , observers and external experts participating in ad hoc working groups shall accurately and completely declare the absence or existence of any interest which might be considered prejudicial to their independence in relation to any items on the agenda , and shall abstain from participating in the discussion of and voting upon such points . ### before any meeting which they are to attend , members of the administrative board and of the security accreditation board , the executive director , seconded national experts , observers and external experts participating in ad hoc working groups shall accurately and completely declare the absence or existence of any interest which might be considered prejudicial to their independence in relation to any items on the agenda , and shall abstain from participating in the discussion of and voting upon such points . declarations of interest relating to agenda items shall be made publicly available , and easily accessible online .


### this regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in article 6 teu . ### this regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in article 6 teu . any non - conviction based confiscation shall be consistent with the procedural safeguards contained in article 6 of the european convention on human rights and article 8 of directive 2014 / 42 / eu .


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


### this regulation should be applied taking into account directives 2010 / 64 / eu30 , 2012 / 13 / eu31 , 2013 / 48 / eu32 , 2016 / 34333 , 2016 / 80034 and 2016 / 1919 of the european parliament and of the council35 , which concern procedural rights in criminal proceedings . _________________ 30 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 31 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings . 32 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . 33 directive 2016 / 343 of the european parliament and of the council of 9 march 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings . 34 directive 2016 / 800 of the european parliament and of the council of 11 may 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings . 35 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings . ### this regulation should be applied in accordance with directives 2010 / 64 / eu30 , 2012 / 13 / eu31 , 2013 / 48 / eu32 , 2016 / 34333 , 2016 / 80034 and 2016 / 1919 of the european parliament and of the council35 , which concern procedural rights in criminal proceedings . _________________ 30 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 31 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings . 32 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . 33 directive 2016 / 343 of the european parliament and of the council of 9 march 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings . 34 directive 2016 / 800 of the european parliament and of the council of 11 may 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings . 35 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . significant distortions for the product concerned are distortions that occur when reported prices or costs of one or more factors of production are not the result of free market forces as they are affected by government intervention or are significantly low due to the lack of compliance with core international social and environmental standards . it is appropriate to clarify that in considering whether or not such a situation exists regard should be had , inter alia , to the potential impact of the following : state - induced distortions in the operation of enterprises linked to privatization and the use of non - market trading or compensation system ; a lack of transparent and non - discriminatory company law ensuring adequate corporate governance ; the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime ; the lack of a genuine financial sector which is operated independently from the state and which , in law and in practice , is subject to sufficient guarantee provisions and adequate supervision ; the lack of ratification and of correct implementation of core international labour organisation conventions and of multilateral environmental agreements to which the union is party , and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . it is also appropriate to clarify that the existence of one or more significant distortions in the economy as a whole or in a sector of the economy of the exporting country should lead automatically to the use of undistorted international , third country or union prices , costs or benchmarks for each factor of production in the construction of the normal value . in the event that an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted , such costs should be used in the construction of the normal value . it is further appropriate to provide that the commission services should issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that union industry and trade unions should be consulted during the drafting process ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the commission should update that report every two years . upon request of the european parliament , union industry or trade unions , or at the commission ' s own initiative when the circumstances in a specific country or sector have changed , the commission should also update the report . the commission should include an analysis on the implementation and effect of this regulation in its annual report on the union ' s anti - dumping , anti - subsidy and safeguard activities and should present it to the european parliament .


### an appropriate market economy third country shall be selected in a not unreasonable manner , due account being taken of any reliable information made available at the time of selection . account shall also be taken of time - limits ; where appropriate , a market economy third country which is subject to the same investigation shall be used . ### an appropriate representative third country shall be selected in a not unreasonable manner , due account being taken of any reliable information made available at the time of selection . the selected country shall also have a sufficient level of social and environmental standards , where sufficient levels are determined on the basis of ratification by that country of the meas and protocols thereunder to which the union is party at any point in time and of the ilo conventions listed in annex - i .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to any parcel delivery service provider which , together with any subsidiaries and linked undertakings , employs fewer than 20 persons , unless that provider is established in more than one member state . the number of persons shall include all those working on a full - time , part - time , temporary , non - guaranteed hours and self - employed basis .


### 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 . ### cross - border parcel delivery service providers falling within the scope of article 3 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 .


### contracts may include general terms and conditions of the supplier that need to be accepted by the consumer . for some digital content , suppliers often describe the service and measurable service targets in a service level agreement . these service level agreements are generally appended to the main contract and form an important component of the contractual relationship between the supplier and the consumer . they should be covered by the definition of a contract under this directive , and should thus comply with the rules laid down therein . ### contracts may include general terms and conditions of the supplier that need to be accepted by the consumer . for some digital content , suppliers often describe the service and measurable service targets in a service level agreement . these service level agreements are generally appended to the main contract and form an important component of the contractual relationship between the supplier and the consumer . they should be covered by the definition of a contract under this directive , and should thus comply with the rules laid down therein . in cases where consent to the processing of personal data is given as a counter - performance other than money , the contract should contain the information about the processing pursuant to regulation 2016 / 679 , but clearly distinguishable from other elements of the contract . in addition , easily understandable icons should illustrate the main elements of the processing of personal data .


### the protection of individuals with regard to the processing of personal data is governed by directive 95 / 46 / ec of the european parliament and of the council31 and by directive 2002 / 58 / ec of the european parliament and of the council32 which are fully applicable in the context of contracts for the supply of digital content . those directives already establish a legal framework in the field of personal data in the union . the implementation and application of this directive should be made in full compliance with that legal framework . _________________ 31 oj l 281 , 23 / 11 / 1995 , p . 31 - 50 ) [ to be replaced by the general data protection regulation , once adopted ] . 32 oj l 201 , 31 . 7 . 2002 , p . 37–47 . ### the protection of individuals with regard to the processing of personal data is governed by regulation 2016 / 679 of the european parliament and of the council31 and by directive 2002 / 58 / ec of the european parliament and of the council32which are fully applicable in the context of contracts for the supply of digital content . those directives already establish a legal framework in the field of personal data in the union . the implementation and application of this directive should be made in full compliance with that legal framework . _________________ 31 oj l 119 , 04 / 05 / 2016 , p . 1 - 85 32 oj l 201 , 31 . 7 . 2002 , p . 37–47 . [ to be replaced by the upcoming e - privacy regulation , once adopted ]


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


### if any provision of this directive conflicts with a provision of another union act governing a specific sector or subject matter , the provision of that other union act shall take precedence over this directive . ### if any provision of this directive conflicts with a provision of another union act , the provision of that other union act shall take precedence over this directive . .


### the supplier shall supply the digital content immediately after the conclusion of the contract , unless the parties have agreed otherwise . the supply shall be deemed to take place when the digital content is supplied to the consumer or , where point of paragraph 1 applies , to the third party chosen by the consumer , whichever is the earlier . ### the supplier shall supply the digital content immediately after the conclusion of the contract , unless the parties have agreed otherwise , and without prejudice to article 16 of directive 2011 / 83 / eu of the european parliament and the council1a . the supply shall be deemed to take place when the digital content is supplied to the consumer or , where point of paragraph 1 applies , to the third party chosen by the consumer , whichever is the earlier . _________________ 1a oj l304 , 22 / 11 / 2011 , p . 64 - 88


### where the contract stipulates that the digital content shall be supplied over a period of time , the digital content shall be in conformity with the contract throughout the duration of that period . ### where the contract stipulates that the digital content shall be supplied over a period of time , the digital content shall be in conformity with the contract throughout the duration of that period , including , where necessary , security updates to be provided by the supplier .


### the consumer shall cooperate with the supplier to the extent possible and necessary to determine the consumer ' s digital environment . the obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer . where the consumer fails to cooperate , the burden of proof with respect to the non - conformity with the contract shall be on the consumer . ### the consumer shall cooperate with the supplier to the extent possible and necessary to determine the consumer ' s digital environment . the obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer . where the consumer fails to cooperate , the burden of proof with respect to the non - conformity with the contract shall be on the consumer . the consumer shall not have to cooperate where the supplier requests access to private or personal information and communication .


### any lack of conformity which exists at the time the digital content is supplied ; and ### any lack of conformity which exists at the time the digital content is supplied ;


### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . ### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 without undue delay from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content .


### the consumer may terminate the contract only if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 paragraphs and . the burden of proof that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier . ### without prejudice to other legal grounds for terminating the contract , the consumer may terminate the contract only if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 paragraphs and . the burden of proof that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier .


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main&#160 ; performance features of the digital content such as its accessibility , and continuity , only if :


### upon termination of the contract in accordance with point , the consumer is provided with technical means to retrieve all content provided in accordance with article 13 . ### upon termination of the contract in accordance with point , the consumer is provided with technical means to retrieve all content provided in accordance with article 13 or article 16 .


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


### persons need specific legal protection where they acquire the information they report through their work - related activities and therefore run the risk of work - related retaliation . the underlying reason for providing them with protection is their position of economic vulnerability vis - à - vis the person on whom they de facto depend for work . when there is no such work - related power imbalance there is no need for protection against retaliation . ### persons need specific legal protection where they acquire information and their decision to report it results in a risk of work - related or other retaliation . the underlying reason for providing them with protection is their position of vulnerability vis - à - vis the person on whom they are reporting or on whom they de facto depend for work .


### effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law , namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law . ### effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law , namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law or constitute a danger or potential threat to the public interest .


### reporting persons should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work - related connection with the latter’s employer or customer / recipient of services and workers’ representatives who have provided support to the reporting person . ### reporting persons should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . protection against retaliation should also be granted to natural or legal persons closely linked to the reporting person , irrespective of the nature of the activities , and whether they are paid or not . indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work - related connection with the latter’s employer or customer / recipient of services and workers’ representatives who have provided support to the reporting person .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on unlawful activities , abuse of law or threats to the public interest , including :


### financial services , prevention of money laundering and terrorist financing ; ### financial services , prevention of money laundering and terrorist financing , corruption and organized crime ;


### public health ; ### public health and public safety ;


### breaches relating to the internal market , as referred to in article 26 tfeu , as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law . ### breaches relating to the internal market , as referred to in article 26 tfeu , particularly as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law .


### where specific rules on the reporting of breaches are provided for in sector - specific union acts listed in part 2 of the annex , those rules shall apply . the provisions of this directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector - specific union acts . ### where specific rules on the reporting of breaches are provided for in sector - specific union acts listed in part 2 of the annex , those rules shall apply . the provisions of this directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector - specific union acts . this paragraph shall apply only in cases where the protection foreseen in sector - specific acts is higher than the one guaranteed by this directive .


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


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


### establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person ; ### establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person and allow for anonymous reporting ;


### breach the duty of maintaining the confidentiality of the identity of reporting persons . ### breach the duty of maintaining the confidentiality of the identity of reporting persons or take actions that uncover or aim at uncovering the identity of the reporting persons in case of anonymous reporting .


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the environmental , natural resources , urban development , social fields and public services ;


### it is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned . a review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption , but also on the effects of the legislation , assessed after its adoption . the assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted . ### it is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned and to a degree commensurate with the complexity of the regulations in place and the extent of the new measures proposed . a review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption , but also on the effects of the legislation , assessed after its adoption . the assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted . this assessment should be completed before the adoption of new measures or the amendment of the existing national provisions .


### 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 or amending existing legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , with a view to ensuring the proper functioning of the internal market . it does not affect member states ' competence to decide whether and how , in accordance with the principles of non - discrimination and proportionality , to regulate a profession .


### any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise compliance with the principle of proportionality . ### any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise the provision ' s compliance with the principle of proportionality .


### member states shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies . ### member states shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies . this can be achieved through the involvement of existing bodies .


### ' 5 . member states shall require that the information held in the central register referred to in paragraph 4 is adequate , accurate and up - to - date . ' ### paragraph 5 is replaced by the following : ' 5 . member states shall require that the information held in the central register referred to in paragraph 4 is adequate , accurate and up - to - date . member states shall require that the obliged entities report cases of missing or inaccurate disclosures . '


### ' 4 . member states shall require that the information held in the central register referred to in paragraph 3 is adequate , accurate and current . ' ### paragraph 4 is replaced by the following : ' 4 . member states shall require that the information held in the central register referred to in paragraph 3 is adequate , accurate and current . member states shall require that the obliged entities report cases of missing or inaccurate disclosures . '


### in exceptional circumstances to be laid down in national law , where the access referred to in point of paragraph 5 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances to be laid down in national law , where the access referred to in point of paragraph 5 would expose the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case - by - case basis . member states shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances , with the evaluation accessible to the commission upon request . exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse . when an exemption is granted , this has to be clearly indicated in the register .


### in exceptional circumstances laid down in national law , where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances laid down in national law , where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case - by - case basis . member states shall ensure that these exemptions are granted upon an evaluation of the exceptional nature of the circumstances , with the evaluation accessible to the commission upon request . exemptions shall be reassessed at regular intervals of at least every two years to avoid abuse . when an exemption is granted , this has to be clearly indicated in the register .


### the information referred to in paragraph 1 shall be held in a central register set up by the member state where the trust is administered ; ### the information referred to in paragraph 1 shall be held in a central register referred to in article 30 set up by the member state where the trust is administered ;


### whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a , the obliged entities shall collect proof of registration whenever applicable . ; ### whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a , the obliged entities shall collect proof of registration . ;


### in order that the harmonised procedures fulfil their internal market objective , member states should be required to take full account of the results of joint clinical assessments and not repeat those assessments . compliance with this obligation does not prevent member states from carrying out non - clinical assessments on the same health technology , or from drawing conclusions on the added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as non - clinical data and criteria . it also does not prevent member states from forming their own recommendations or decisions on pricing or reimbursement . ### in order that the harmonised procedures fulfil their internal market objective , member states should be required to take full account of the results of joint clinical assessments and not repeat those assessments . according to the national needs , member states should have the right to complement it with additional clinical evidence in addition , this does not prevent member states from carrying out non - clinical assessments on the same health technology , or from drawing conclusions on the added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as non - clinical data and criteria . it also does not prevent member states from forming their own recommendations or decisions on pricing or reimbursement .