### following the communication setting out a european vision of internet connectivity for the digital single market and in order to promote digital inclusion , the union should support the provision of free local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public , through targeted support . such support is so far not covered by regulations no 1316 / 201315 and no 283 / 201416 . __________________ 15 regulations no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 . ### following the commission communication of 14 september 2016 and in order to promote digital inclusion , the union should support the provision of local wireless connectivity free of charge and free from restrictions in the centres of local public life , including outdoor spaces accessible to the general public , through targeted support . such support is so far not covered by regulations no 1316 / 201315 or no 283 / 201416 . __________________ 15 regulations no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 .


### is free , easy to access , and uses state - of - the - art equipment , and ### is free , safe , easy to access , and uses state - of - the - art equipment , and


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer local wireless connectivity free of charge and free from restrictions as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities and cultural spaces , in particular libraries and museums , as well as schools , hospitals and health centres .


### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented using to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed . ### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented through streamlined administrative procedure using standardised documentation to the fullest extent possible , using both on - line and other conventional tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed .


### build on very high - speed broadband connectivity enabling delivery of high quality internet experience to users that ### build on high - speed broadband connectivity enabling delivery of high quality internet experience to users that


### actions in the field of providing free local wireless connectivity in local communities shall be financed through grants or forms of financial assistance other than financial instruments . ### actions in the field of providing local wireless connectivity free of charge and free from restrictions in local communities shall be financed through grants or forms of financial assistance other than financial instruments .


### are implemented by an entity with a public mission capable of planning and supervising the installation of indoor or outdoor local wireless access points in public spaces ; ### are implemented by an entity with a public mission capable of planning and supervising the installation of indoor or outdoor local wireless access points in public spaces , and of ensuring funding for operating costs ;


### amongst measures to support the vision of european connectivity , it promotes the deployment of local wireless access points through simplified planning procedures and reduced regulatory obstacles . such access points , including those ancillary to the provision of other public services or non - commercial in character , can make an important contribution to the improvement of current and the deployment of future generations of wireless communications networks by facilitating more granular coverage in line with evolving needs . ### amongst measures to support the vision of european connectivity , it promotes the deployment of local wireless access points through simplified planning procedures and reduced regulatory obstacles . such access points , including those ancillary to the provision of other public services or non - commercial in character , can make an important contribution to the improvement of current and the deployment of future generations of wireless communications networks by facilitating more granular coverage in line with evolving needs . work on reducing technical disparities in terms of connectivity between regions and improving access for people with low income should also be dealt with .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , as defined in the commission communication entitled ‘ connectivity for a digital single market - towards a european gigabit society’ , which sets a target for 2025 of ensuring that all european households have an internet connection speed of at least 100 mbps , financial assistance should seek to attain a geographically balanced distribution .


### the commission communication setting out a european vision of internet connectivity for citizens and business in the digital single market14 describes a number of possible measures capable of enhancing connectivity in the european union . __________________ 14 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions – connectivity for a competitive digital single market - towards a european gigabit society 587 ) . ### the commission communication of 14 september 2016 entitled &#8220 ; connectivity for a competitive digital single market &#8211 ; towards a european gigabit society&#8221 ; , setting out a european vision of internet connectivity for citizens and business in the digital single market , describes a number of possible measures capable of enhancing connectivity in the european union . __________________


### support the provision of free local wireless connectivity in local communities . ### support the provision of free local wireless connectivity in local communities and guarantee a minimum connection speed of 100 mbps , or , failing that , the maximum connection speed available on the market .


### the commission communication setting out a european vision of internet connectivity for citizens and business in the digital single market14 describes a number of possible measures capable of enhancing connectivity in the european union . __________________ 14 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions – connectivity for a competitive digital single market - towards a european gigabit society 587 ) . ### the commission communication setting out a european vision of internet connectivity for citizens , public institutions and business in the digital single market14 describes a number of possible measures capable of enhancing connectivity in the european union . __________________ 14 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions – connectivity for a competitive digital single market - towards a european gigabit society 587 ) .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on high - speed broadband services , in support of the objectives of the european gigabit society , financial assistance should seek to attain a geographically balanced distribution , promoting the principle of universal access for citizens to the benefits of the information society .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer local wireless connectivity free of charge and free from restrictions as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities , companies owned by municipalities , not - for - profit co - operatives and other local public authorities and cultural spaces , such as libraries and museums , as well as schools , hospitals and health centres .


### are implemented by an entity with a public mission capable of planning and supervising the installation of indoor or outdoor local wireless access points in public spaces ; ### are implemented by an entity with a public mission capable of planning and supervising the installation , as well as ensuring the financing of operating costs for minimum of three years , of indoor or outdoor local wireless access points in public spaces ;


### given the non - commercial nature of this intervention and the small scale of individual projects foreseen , the administrative burden should be limited to a minimum . therefore , the intervention should be implemented by the most appropriate forms of financial assistance , notably grants , available under the financial regulation , now or in future . the intervention should not rely on financial instruments . ### given the non - commercial nature of this intervention and the small scale of individual projects foreseen , the administrative burden should be limited to a minimum . therefore , the intervention should be implemented by the most appropriate forms of financial assistance , notably grants , for instance through vouchers , available under the financial regulation , now or in future . the intervention should not rely on financial instruments .


### the code of conduct shall be signed by the administrator and the contributors and shall be legally binding on all parties to it . ### the code of conduct shall be signed by the administrator and the contributors . where critical benchmarks are concerned , the code of conduct shall be legally binding on all parties to it .


### ‘ critical benchmark’ means a benchmark , the majority of contributors to which are supervised entities and that reference financial instruments having a notional value of at least 500 billion euro ; ### ‘ critical benchmark’ means a benchmark which , if it were no longer to be provided , or if it is provided using an unrepresentative set of contributors or data with regard to the underlying reality it is designed to measure , would have a significant adverse impact on financial stability , on the orderly functioning of the markets and on the real economy ; a critical benchmark shall be ' national ' in nature if the adverse effects of it no longer being provided or of it not being fully provided are restricted to one member state . if such an effect is felt in more than one member state , the benchmark shall be a ' critical european benchmark ' .


### the administrator shall adopt a code of conduct for each benchmark clearly specifying the administrator ' s and contributors ' responsibilities and obligations with respect to the provision of the benchmark which shall include a clear description of the input data to be provided , and at least the elements set out in section d of annex i . ### where a benchmark is based on input data from ccontributors , the administrator shall draw up a code of conduct for each benchmark clearly specifying the contributors ' responsibilities with respect to the contribution of input data and shall ensure submitters confirm on an annual basis their compliance with the code of conduct as well as in the event of anychanges to it .


### the administrator shall submit an application for authorisation to the competent authority of the member state in which the administrator is located . ### a natural or legal person located in the union that intends to act as an administrator shall submit an application for authorisation to the competent authority of the member state in which it is located , in order to receive : an authorisation if it provides indices which are used or intended to be used in the meaning of this regulation , a registration if it is a supervised entity , other than an administrator , that provides indices which are used or intended to be used in the meaning of this regulation , on condition that the activity of provision of a benchmark is not prevented by the sectoral discipline applying to the supervised entity and that none of the indices provided is a critical benchmark in the meaning of this regulation .


### an administrator shall publish the input data used to determine the benchmark immediately after publication of the benchmark except where publication would have serious adverse consequences for the contributors or adversely affect the reliability or integrity of the benchmark . in such cases publication may be delayed for a period that significantly diminishes these consequences . any personal data included in input data shall not be published . ### an administrator shall store and make available to the competent authority on request the data used to determine the benchmark value , and this for a period of five years from the date of publication of that benchmark value . the administrator concerned shall be responsible for protecting the data stored where this contains confidential information , sensitive business details or information of a personal nature . the administrator may , in any event , only publish any personal data used to calculate the benchmark if the person concerned has given his / her written consent for this .


### the administrator shall submit an application for authorisation to the competent authority of the member state in which the administrator is located . ### once a benchmark has been defined as critical , be this nationally or europe - wide , and once the corresponding college of competent authorities has been established , that college shall be responsible for granting authorisation for the provision of that benchmark in line with its new legal status , after verifying that all the requirements have been fulfilled . thus : the administrator must notify the college of competent authorities of the legally - binding code of conduct drawn up pursuant to article 9 with five days of the benchmark irreversibly being defined as critical . the administrator and the contributors shall have a transitional period of 30 calendar days in which to comply with the remaining additional requirements applicable to critical benchmarks . at the end of that period , the college of competent authorities for the critical benchmark shall verify , within a further period of 30 calendar days , whether the benchmark provision process fulfils all the requirements set out in this regulation . if it does , then authorisation shall be granted for provision of the critical benchmark . if it does not , then the college of competent authorities shall notify the administrator and / or contributors of the errors detected and shall allow a further 15 days for their correction , granting the relevant authorisation where this is done . if , finally , the college of competent authorities decides to refuse to grant authorisation for the provision of a critical benchmark which was already being provided without that status , the college shall draw up a contingency plan for minimising the impact of that benchmark not being provided : the plan may provide for the issuing of a temporary permit of up to three months , during which period the benchmark may continue to be provided on the basis of the previous model , pending fulfilment of the relevant requirements for its authorisation as a critical benchmark . should the administrator and / or the contributors fail to fulfil the requirements for continuing to provide a benchmark defined as critical by the end of that period , the competent authority shall draw up a plan for provision of the benchmark to cease within a period of three months , and for the provision of an alternative benchmark to replace the previous one under more secure conditions .


### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market and avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services . evidence is not conclusive as to whether the benefits of summer - time arrangements outweigh the inconveniences linked to a biannual change of time . ### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market and avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services .


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


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate is taking place on summer - time arrangements , as seen by the citizens ' response through the petitions lodged calling for an end to the bi - annual change in time , and in the online public consultation regarding the eu summertime arrangements organised by the european commission from 4 july 2018 to 16 august 2018 : member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area which could impact both the economic and political integration of the union . therefore , it is crucial to have a harmonized approach that is coordinated to put an end to bi - annual changes is crucial to the proposed change .


### in its resolution of 8 february 2018 , the european parliament called on the commission to conduct an assessment of the summer - time arrangements provided by directive 2000 / 84 / ec and , if necessary , to come up with a proposal for its revision . that resolution also confirmed that it is essential to maintain a harmonised approach to time arrangements throughout the union . ### in its resolution of 8 february 2018 , building on the numerous petitions and demands received from the citizens , by the committee of petitions , the european parliament called on the commission to conduct an assessment of the summer - time arrangements provided by directive 2000 / 84 / ec and , if necessary , to come up with a proposal for its revision . that resolution also confirmed that it is essential to maintain a harmonised and co - ordinated approach to time arrangements throughout the union .


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the eu is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### ' work or other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio form such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work or other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , online or offline , including in audio form such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ;


### an authorised entity established in a member state carrying out the acts referred to in articles 3 and 4 shall provide the following information , on request , to any beneficiary person or right holder : ### an authorised entity established in a member state carrying out the acts referred to in articles 3 and 4 shall provide the following accessible information , on request , to any beneficiary person or right holder :


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the eu is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political , work and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### a person who has a perceptual or reading disability , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or ### a person who has a perceptual or reading disability , including dyslexia , also due to a learning disability , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or


### no sooner than [ five years after the date of application ] , the commission shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . ### by [ five years after the date of application ] , the commission shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . the commission ' s report shall take into account the viewpoints of relevant non - governmental organisations , including organisations of and by persons with disabilities and those representing older persons .


### it publishes and updates , on its website if appropriate , information on the manner in which it complies with the obligations laid down in points to . ### it publishes and updates , on its website if appropriate , or through other online or offline channels , information on the manner in which it complies with the obligations laid down in points to .


### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to protection of personal data , the right to conduct a business and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning as well as facilitating cross - border business of insitutions for occupational retirement provision and businesses . this directive must be implemented in accordance with these rights and principles . ### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to property , the right of collective bargaining and action , the right to protection of personal data , the right to conduct a business and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning as well as facilitating cross - border business of institutions for occupational retirement provision and businesses . this directive must be implemented in accordance with these rights and principles .


### the competent authority should exercise its powers having as its prime objective the protection of members and beneficiaries . ### the competent authority should exercise its powers having as its prime objective the protection of the rights of members and beneficiaries and the stability and soundness of the institutions .


### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to protection of personal data , the right to conduct a business and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning as well as facilitating cross - border business of insitutions for occupational retirement provision and businesses . this directive must be implemented in accordance with these rights and principles . ### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to protection of personal data , the freedom to conduct a business , the right to property , the right of collective bargaining and action and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning as well as facilitating cross - border activities of institutions for occupational retirement provision and the transfer of pension schemes . this directive must be implemented in accordance with these rights and principles .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### the requirement to be fit : their knowledge and experience are collectively adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and


### institutions should be allowed to invest in other member states in accordance with the rules of their home member states in order to reduce the cost of cross - border activity . therefore the host member states should not be allowed to impose additional investment requirements on institutions located in other member states . ### institutions should be allowed to invest in other member states in accordance with the rules of their home member states . however , if the institution works on a cross - border basis it may be asked by the competent authority of the host member state to apply limits for investment , provided that such rules also apply to institutions located in the host member state , and to the extent that these limits are more strict than those applied in the home member state .


### in accordance with the principle of subsidiarity , member states should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ' pillars ' of the retirement system in individual member states . in the context of the second pillar , they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question . ### in accordance with the principle of subsidiarity , member states should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ' pillars ' of the retirement system in individual member states . in the context of the second pillar , they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question . there should nonetheless be common rules so as to restrict regulatory arbitrage by institutions for occupational retirement provision .


### in order to ensure the smooth functioning of the internal market for occupational retirement provision organised on a european scale , the commission should , after consulting eiopa , review and report on the application of this directive and should submit that report to the european parliament and to the council four years after the entry into force of this directive . that review should assess in particular the application of the rules regarding the calculation of the technical provisions , the funding of technical provisions , regulatory own funds , solvency margins , investment rules and any other aspect relating to the financial solvency situation of the institution . ### in order to ensure the smooth functioning of the internal market for occupational retirement provision organised on a european scale , the commission should , after consulting eiopa , review and report on the application of this directive and should submit that report to the european parliament and to the council six years after the entry into force of this directive .


### as very long - term investors with low liquidity risks , institutions for occupational retirement provision are in a position to invest in non - liquid assets such as shares as well as in instruments that have a long - term economic profile and are not traded on regulated markets , multilateral trading facilities or organised trading facilities within prudent limits . they can also benefit from the advantages of international diversification . investments in shares in currencies other than those of the liabilities and in instruments that have a long - term economic profile and are not traded on regulated markets , multilateral trading facilities or organised trading facilities should therefore not be restricted except on prudential grounds . ### as very long - term investors with low liquidity risks , institutions for occupational retirement provision are in a position to invest in non - liquid assets such as shares as well as in instruments that have a long - term economic profile and are not traded on regulated markets , multilateral trading facilities or organised trading facilities within prudent limits . they can also benefit from the advantages of international diversification . investments in shares in currencies other than those of the liabilities and in instruments that have a long - term economic profile and are not traded on regulated markets , multilateral trading facilities or organised trading facilities should therefore not be restricted except on prudential grounds , in line with the ' prudent person ' rule so as to protect the interest of members .


### in accordance with the principle of subsidiarity , member states should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ' pillars ' of the retirement system in individual member states . in the context of the second pillar , they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question . ### in accordance with the principle of subsidiarity , member states should retain responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ' pillars ' of the retirement system in individual member states . in the context of the second pillar , they should also retain responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies .


### four years after the entry into force of this directive , the commission shall review this directive and report on its implementation and effectiveness to the european parliament and the council . ### six years after the entry into force of this directive , the commission shall review this directive and report on its implementation and effectiveness to the european parliament and the council .


### action is needed to further develop complementary private retirement savings such as occupational pensions . this is important since social - security systems are coming under increasing pressure , which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future . occupational retirement pensions should be developed , without , however , calling into question the importance of social - security pension systems in terms of secure , durable and effective social protection , which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social model . ### action is needed to further develop complementary private retirement savings in the form of occupational pensions . this is important since , for many citizens , the occupational pension is a valuable addition to what is provided through the social - security pension system . occupational retirement pensions should therefore be developed , without , however , calling into question the fundamental importance of social - security pension systems in terms of secure , durable and effective social protection , which should for all citizens guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social model .


### member states shall allow institutions authorised or registered in their territories to transfer all or a part of their pension schemes to receiving institutions authorised or registered in other member states . ### member states may allow institutions authorised or registered in their territories to transfer , fully or partly , a pension scheme ' s liabilities or technical provisions , as well as other obligations and rights and corresponding assets , or cash equivalent thereof , to receiving institutions authorised or registered in other member states , provided that , in the case of a transfer of part of the pension scheme , the viability of both the transferred and the remaining part of the pension scheme is ensured and the rights of&#160 ; members are adequately protected after the transfer . the receiving institution shall operate the pension scheme in accordance with the social and labour law of the host member state , thereby not changing the level of protection of the members and beneficiaries concerned by the transfer .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their qualifications , knowledge and experience are collectively adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and


### directive 2003 / 41 / ec represented a first legislative step on the way to an internal market for occupational retirement provision organised on a european scale . a genuine internal market for occupational retirement provision remains crucial for economic growth and job creation in the european union and for tackling the challenge of an ageing european society . the directive , dating from 2003 , has not been substantially amended to introduce a modern risk - based governance system also for institutions for occupational retirement provision . ### directive 2003 / 41 / ec introduced minimum standards for occupational retirement provision organised in the union . the introduction and further development of occupational retirement schemes in more member states remain crucial for tackling the challenge of an ageing european society . therefore , intensified social dialogue at eu and national level is important .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their qualifications , knowledge and experience are collectively adequate in relation to the activities performed for the institution ; and


### institutions for occupational retirement provision are financial service providers which bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation . ### most institutions for occupational retirement provision are fundamentally different from financial service providers in the sense that they bear a heavy responsibility for the provision of occupational retirement benefits and therefore serve first and foremost a social purpose . in pursuing this purpose , they should meet certain minimum prudential standards with respect to their activities and conditions of operation


### remuneration policies which encourage excessive risk - taking behaviour can undermine sound and effective risk management of institutions . principles and disclosure requirements for remuneration policies applicable to other types of financial institutions in the union should be made applicable also to institutions , bearing in mind , however , the particular governance structure of institutions in comparison to other types of financial institutions and the need to take account of the size , nature , scope and complexity of the activities of institutions . ### remuneration policies which encourage excessive risk - taking behaviour can undermine sound and effective risk management of institutions . principles and disclosure requirements for remuneration policies applicable to other types of financial institutions in the union should be made applicable also to institutions , bearing in mind , however , the particular governance structure of institutions in comparison to other types of financial institutions and the need to take account of the size , nature , scope and complexity of the activities of institutions . the provisions on remuneration should be without prejudice to the rights , where applicable , of the social partners to conclude and enforce collective agreements , in accordance with national law and customs .


### action is needed to further develop complementary private retirement savings such as occupational pensions . this is important since social - security systems are coming under increasing pressure , which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future . occupational retirement pensions should be developed , without , however , calling into question the importance of social - security pension systems in terms of secure , durable and effective social protection , which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social model . ### action is needed to further develop complementary private retirement savings in the form of occupational pensions . this is important since , for many citizens , the occupational pension is a valuable addition to what is provided through the social - security pension system . occupational retirement pensions should therefore be developed , without , however , calling into question the fundamental importance of social - security pension systems in terms of secure , durable and effective social protection , which should guarantee for all citizens a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social model .


### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to protection of personal data , the right to conduct a business and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning as well as facilitating cross - border business of insitutions for occupational retirement provision and businesses . this directive must be implemented in accordance with these rights and principles . ### this directive respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably , the right to property , the right of collective bargaining and action , the right to protection of personal data , the right to conduct a business and the right to a high level of consumer protection , in particular by ensuring a higher level of transparency of retirement provisioning , informed personal financial and retirement planning as well as facilitating cross - border business of institutions for occupational retirement provision and businesses . this directive must be implemented in accordance with these rights and principles .


### the competent authority should exercise its powers having as its prime objective the protection of members and beneficiaries . ### the competent authority should exercise its powers having as its prime objective the protection of the rights of members and beneficiaries and the stability and soundness of the institutions .


### in accordance with the principle of subsidiarity , member states should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three “pillars” of the retirement system in individual member states . in the context of the second pillar , they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question . ### in accordance with the principle of subsidiarity , member states should retain responsibility for the organisation of their pension systems , provided that a high level of protection and regulation is guaranteed .


### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting transport infrastructure on the ten - t network in order to adapt it to military mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure . ### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting new and existing transport infrastructure on the ten - t network in order to adapt it to dual use mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure . by 31 december 2019 , the commission shall adopt delegated acts in accordance with article 24 of this regulation in order to further specify the military requirements , the list of priority projects and the assessments procedure regarding the eligibility of the actions connected with military mobility , while ensuring a balanced geographical distribution across all of the union , especially the north - south and west - east axes .


### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting transport infrastructure on the ten - t network in order to adapt it to military mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure . ### under the specific objective referred to in article 3 : actions supporting new innovations and technologies , for instance telematics applications systems and automation , including for safety purposes , in accordance with article 31 of regulation no 1315 / 2013 ;


### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital and to facilitate cross - border cooperation in the field of renewable energy , taking into account the long - term decarbonisation commitments and with emphasis on synergies among sectors . ### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital , taking into account the long - term decarbonisation commitments and with emphasis on synergies among sectors .


### –40% for the actions listed at article 9 paragraph 2 : ' actions relating to smart , sustainable , inclusive , safe and secure mobility ' . ### –20% for the actions listed at article 9 paragraph 2 : ' actions relating to smart , sustainable , inclusive , safe and secure mobility ' .


### actions implementing sections of the comprehensive network located in outermost regions in accordance with chapter ii of regulation no 1315 / 2013 , including actions relating to the relevant urban nodes , maritime ports , inland ports and rail - road terminals of the comprehensive network as defined at annex ii to regulation no 1315 / 2013 ; ### actions implementing sections of the comprehensive network located in outermost regions in accordance with chapter ii of regulation no 1315 / 2013 , including actions relating to the relevant urban nodes , maritime ports , inland ports , airports , multimodal logistics platforms and rail - road terminals of the comprehensive network as defined at annex ii to regulation no 1315 / 2013 ;


### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital and to facilitate cross - border cooperation in the field of renewable energy , taking into account the long - term decarbonisation commitments and with emphasis on synergies among sectors . ### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital and to facilitate cross - border cooperation in the field of renewable energy , taking into account the long - term commitments concerning decarbonisation and sustainability and with emphasis on synergies among sectors .


### following the joint communication on improving military mobility in the european union of november 201724 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy25 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for military transport , including necessary upgrades of existing infrastructure . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . __________________ 24 join 41 25 join 5 ### following the joint communication on improving military mobility in the european union of november 201724 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy25 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t , with the overall view of improving mobility across the union . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable also for military use of the infrastructure while insuring their civilian usage is not negatively affected , including where there is the possibility to upgrade existing infrastructure . the infrastructure will always be for dual use . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of work programmes through measurable actions complying with the applicable requirements as defined in the context of the action plan . __________________ 24 join 41 25 join 5


### following the joint communication on improving military mobility in the european union of november 201724 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy25 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for military transport , including necessary upgrades of existing infrastructure . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . __________________ 24 join 41 . 25 join 5 . ### following the joint communication on improving military mobility in the european union of november 201724 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy25 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t , with the overall view of improving mobility across the union . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable also for military use of the infrastructure , including where there is the possibility to upgrade existing infrastructure . the infrastructure will always be for dual use . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of work programmes through measurable actions complying with the applicable requirements as defined in the context of the action plan . __________________ 24 join 41 . 25 join 5 .


### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 50 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation and for actions located in outermost regions ; ### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 65 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation and for actions located in rural areas and outermost regions ;


### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or alternative fuels . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions . ### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility , alternative fuels or joint cross - border infrastructure . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions .


### actions implementing cross - border links of the comprehensive network in accordance with chapter ii of regulation no 1315 / 2013 , notably the sections listed in part iii of the annex to this regulation ; ### actions implementing land - based or maritime cross - border links of the comprehensive network in accordance with chapter ii of regulation no 1315 / 2013 , notably as concerns the land - based links the sections listed in part iii of the annex to this regulation ;


### it is necessary to promote investments in favour of smart , sustainable , inclusive , safe and secure mobility throughout the union . in 2017 , the commission presented5 ' europe on the move ' , a wide - ranging set of initiatives to make traffic safer , encourage smart road charging , reduce co2 emissions , air pollution and congestion , promote connected and autonomous mobility and ensure proper conditions and rest times for workers . these initiatives should be accompanied by union financial support , where relevant through this programme . __________________ 5 commission communication ' europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' – com 283 ### it is necessary to promote investments in favour of smart , interoperable , sustainable , multimodal , inclusive , safe and secure mobility throughout the union . in 2017 , the commission presented5 ' europe on the move ' , a wide - ranging set of initiatives to make traffic safer , encourage smart road charging , reduce co2 emissions , air pollution and congestion , promote connected and autonomous mobility and ensure proper conditions and rest times for workers . it should take into consideration also military mobility factors . these initiatives should be accompanied by union financial support , where relevant through this programme . __________________ 5 commission communication ' europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' – com 283


### actions implementing cross - border links of the comprehensive network in accordance with chapter ii of regulation no 1315 / 2013 , notably the sections listed in part iii of the annex to this regulation ; ### actions implementing land - based or maritime cross - border links of the comprehensive network in accordance with chapter ii of regulation no 1315 / 2013 , notably , regarding land - based links , the sections listed in part iii of the annex to this regulation ;


### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or alternative fuels . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions . ### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or filling the gaps in alternative fuels infrastructure throughout the european union as there is a strong need to increase the uptake of alternative fuels and create a stable environment for investment . . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions .


### actions relating to smart , sustainable , inclusive , safe and secure mobility : ### actions relating to smart , interoperable , sustainable , multimodal , inclusive , safe and secure mobility :


### –40% for the actions listed at article 9 paragraph 2 : ' actions relating to smart , sustainable , inclusive , safe and secure mobility ' . ### –40% for the actions listed at article 9 paragraph 2 : ' actions relating to smart , interoperable , sustainable , multimodal , inclusive , safe and secure mobility ' .


### following the joint communication on improving military mobility in the european union of november 201724 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy25 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for military transport , including necessary upgrades of existing infrastructure . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . __________________ 24 join 41 . 25 join 5 . ### following the joint communication on improving dual mobility in the european union of november 2017 , the action plan on dual mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t , with the overall aim of improving mobility across the union . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the dual requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for dual transport , including necessary upgrades of existing infrastructure , ensuring that they are not to the detriment of civil use and keeping the european parliament promptly informed in this regard . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . __________________ 24 join 41 . 25 join 5 .


### innovation , safety , interoperability and accessibility aspects ; ### innovation , safety , interoperability and accessibility aspects while paying particular attention to projects explicitly supporting accessibility to everyone including persons with disabilities ;


### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , including actions relating to urban nodes , maritime ports , inland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ; ### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , including actions relating to urban nodes , airports , maritime and river ports , inland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ;


### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , including actions relating to urban nodes , maritime ports , inland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ; ### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , cross - border , missing links , bottlenecks , including actions relating to urban nodes , maritime ports , inland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ;


### the commission may adopt implementing acts to lay down the criteria for setting out the scale , scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission shall adopt delegated acts in accordance with article 88 , to lay down the criteria for setting out the scale , scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed and criteria for the selection of the vehicles for testing .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , the commission , the forum established in article 10 , and , in accordance with article 12 of directive 2016 / xxx on the reduction of national emissions of certain atmospheric pollutants and amending directive 2003 / 35 / ec , the european clean air forum . the member state concerned shall make a summary of the results accessible to the public , which shall include in particular the number of type - approvals granted or rejected , the subject of the type - approval certificate , and the identity of the corresponding manufacturers .


### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it may take all appropriate restrictive measures in accordance with article 53 . ### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it shall take all appropriate restrictive measures in accordance with article 53 .


### the member state may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures . ### the member state shall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures .


### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . ### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples that are representative of the number of vehicles in that member state . when doing so , market surveillance authorities shall take account of established principles of risk assessment , including complaints , popularity of vehicle models and their parts , third - party testing results , very high or very low fuel economy models , first application of new engine or technology , reports from periodic technical inspections , sampling programmes using remote sensing and other information . in case of vehicles , market surveillance authorities shall aim to cover annually at least 20% of the new models put on the market of the member state concerned each year to verify that the vehicles comply with the union safety and environmental legislation .


### member states should lay down rules on penalties for the infringements of this regulation and ensure that those rules are implemented . those penalties should be effective , proportionate and dissuasive . member states shall report the imposed penalties to the commission annually , to monitor the coherence of the implementation of these provisions . ### member states shall lay down rules on penalties for the infringements of the obligations provided for in this regulation and ensure that those rules are implemented . those penalties shall be effective , proportionate and dissuasive . member states shall report the imposed penalties to the commission annually , to monitor the coherence of the implementation of these provisions .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities and the quality of the type - approvals issued . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states , the commission and third parties upon request . the member state concerned shall make a full report of the results accessible to the general public , in particular the number of type - approval granted and rejected and the identity of the corresponding manufacturers and vehicle types .


### the type - approval authority shall be peer - reviewed by two type - approval authorities of other member states every two years . ### the type - approval authority shall be audited by the forum every two years in accordance with provisions of article 10 .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states , the commission and third parties upon request . the member state concerned shall make a full report of the results accessible to the general public free of charge , in particular the number of those vehicles , systems , components or separate technical units that are not in compliance with this regulation together with the identity of the corresponding manufacturers .


### conformity of production is one of the cornerstones of the eu type - approval system , and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose , and be subject to regular verification by means of independent periodic audits . in addition , approval authorities should ensure the verification of the continued conformity of the products concerned . ### conformity of production is one of the cornerstones of the eu type - approval system , and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose but other than the technical service that performed the testing for type - approval purpose , and be subject to regular verification by means of independent periodic audits . in addition , approval authorities should ensure the verification of the continued conformity of the products concerned .


### where , in the course of that evaluation , the approval authority that granted the approval finds that the vehicle , system , component or separate technical unit does not comply with the requirements laid down in this regulation , it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle , system , component or separate technical unit into compliance with those requirements , or take restrictive measures , either to withdraw the vehicle , system , component or separate technical unit from the market , or to recall it within a reasonable period , depending on the nature of the risk . ### where , in the course of that evaluation , the approval authority that granted the approval finds that the vehicle , system , component or separate technical unit does not comply with the requirements laid down in this regulation , it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle , system , component or separate technical unit into compliance with those requirements , or take restrictive measures , either to immediately withdraw the vehicle , system , component or separate technical unit from the market , or to recall it within 3 months , depending on the nature of the risk .


### an in - house technical service does not need to be notified to the commission for the purposes of article 78 , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type - approval authority at the request of that authority . ### an in - house technical service shall be notified to the commission as set out in article 78 .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities and the quality of the type - approvals issued . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states and the commission and third parties upon request . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and rejected and the identity of the corresponding manufacturers and vehicle types .


### in order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities , approval authorities and the commission , type approval documentation should be provided in electronic format and be made publicly available , subject to exemptions due to protection of commercial interests and the protection of personal data . ### in order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities , approval authorities , the commission and third parties , disclosure of vehicle and testing information is necessary to carry out such checks . relevant information should be provided in electronic format and be made publicly available , subject to exemptions due to protection of commercial interests , intellectual property rights and the protection of personal data , unless it is in the public interest .


### an effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . ### an effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing and harmonising the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application across all member states . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . in order to ensure adequate oversight and level playing field across europe , the assessment of the applicant technical service should include the on - site assessment and witnessing the actual type - approval tests .


### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . ### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically significant samples and coordinated with other member states as laid down in art 10 of this regulation . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . for any vehicle that undergoes a conformity of production or in - service conformity check , market surveillance authorities shall ensure that the chosen technical service is independent of the technical service who performed the original type approval for the entire vehicle , systems , components or separate technical units .


### vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties . the commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication , subject to the protection of commercial secrets and the preservation of personal data pursuant to union and national legislation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties , including ' road load test data ' . the commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication , subject to the protection of commercial secrets and the preservation of personal data pursuant to union and national legislation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### a technical service shall be established under the national law of a member state and have legal personality , except for an accredited in - house technical service of a manufacturer , as referred to in article 76 . ### a technical service shall be established under the national law of a member state and have legal personality .


### forum for exchange of information on enforcement ### forum on enforcement and exchange of information


### the commission shall establish and chair a forum for exchange of information on enforcement . ### the commission shall establish and chair a forum on enforcement and exchange of information .


### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the peer - review report . ### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the audit report .


### the peer - review shall include an on - site visit to a technical service under the responsibility of the reviewed authority . the commission may participate in the review and decide on its participation on the basis of a risk assessment analysis . ### the audit shall include a verification of the type approval procedures and correct implementation of the requirements of this regulation , a random sample check of the type approvals issued and an on - site visit to a technical service under the responsibility of the reviewed authority . the commission may participate in the review and decide on its participation on the basis of a risk assessment analysis .


### those tests and inspections may take place on new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below . ### those tests and inspections may take place on new vehicles , components and separate technical units supplied by manufacturers or the economic operator as provided in paragraph 2 below .


### the outcome of the peer - review shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations . ### if the audit demonstrates that the authority concerned has breached any of the requirements of this regulation , or has issued type - approvals to the vehicles , systems , components and separate technical units that are not in conformity with the union safety or environmental requirements , it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit . other member states shall not recognise the type approvals issued to vehicles , systems , components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this regulation and the audit recommendations is put in place . the results of the audits shall be communicated to all member states , to the forum and third parties upon request , and a summary thereof shall be made publicly available . the forum shall discuss the results of the audits and follow - up on full implementation of the recommendations .


### the type - approval authority shall be peer - reviewed by two type - approval authorities of other member states every two years . ### the type - approval authority shall be peer - reviewed by two type - approval authorities of other member states .


### member states should lay down rules on penalties for the infringements of this regulation and ensure that those rules are implemented . those penalties should be effective , proportionate and dissuasive . member states shall report the imposed penalties to the commission annually , to monitor the coherence of the implementation of these provisions . ### member states should lay down rules on penalties for the infringements of this regulation and ensure that those rules are implemented . those penalties should be effective , proportionate and dissuasive . member states should report the imposed penalties to the commission annually , to monitor the coherence of the implementation of these provisions .


### the outcome of the peer - review shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations . ### the outcome of the audit shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities and the quality of the type - approvals issued . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states , the commission and third parties upon request . the member state concerned shall make a full report of the results accessible to the general public , in particular the number of type - approval granted and rejected and the identity of the corresponding manufacturers and vehicle types .


### those tests and inspections may take place on new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below . ### those tests and inspections shall be carried out on - new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below and - registered vehicles in agreement with the vehicle registration holder .


### the member states shall draw up the annual plan for the peer - review , ensuring an appropriate rotation in respect of reviewing and reviewed type - approval authorities , and submit it to the commission . ### the member states shall draw up the annual plan for the peer - review , ensuring an appropriate rotation in respect of reviewing and reviewed type - approval authorities , and submit it to the commission . the recurrence of the peer review as well as the composition of the personnel reviewing the type - approval authority may vary depending on the type approvals of vehicle categories or systems , components and separate technical units carried out by the type - approval authority in the individual member state .


### member states shall establish a national fee structure to cover the costs for their type - approvals and market surveillance activities as well as for the type - approval testing and conformity of production testing and inspections carried out by the technical services they have designated . ### member states shall establish a national fee structure to cover the costs for their type - approval activities , the type - approval testing and conformity of production testing carried out by the technical services they have designated .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states , the commission , the forum and third parties upon request . the member state concerned shall make a summary of the results accessible to the public , in particular the number of those vehicles , systems , components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers .


### market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities . ### market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities . this shall include access to software , algorithms , engine control units and any other technical specifications necessary .


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


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