### furthermore , in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches should also include controls on the identity and legal capacity of persons seeking to establish a company or branch . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration process , however , such involvement should not prevent the completion of the registration procedure in its entirety online . ### furthermore , in order to tackle fraud , money laundering , and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches and subsequent online filing should also include legality controls and controls on the identity and legal capacity of persons seeking to establish a company or branch or to file documents and information . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration and filing process , however , such involvement should not prevent the completion of the registration and filing procedure in its entirety online .


### member states shall ensure that the templates , referred to in paragraph 1 of this article , may be used by applicants as part of the online registration procedure , referred to in article 13f . where those templates are used by the applicant in compliance with the rules referred to in point of article 13f , where applicable , the requirement to have the company instruments of constitution drawn up and certified in due legal form as laid down in article 10 shall be deemed to be fulfilled . ### member states shall ensure that the templates , referred to in paragraph 1 of this article , may be used by applicants as part of the online registration procedure , referred to in article 13f , and in accordance with the provisions thereof .


### member states shall ensure that companies are able to file online the documents and information , as referred to in article 14 , including any modification thereof , with the register within the time limit provided by the laws of the member state where the company is to be registered . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant , or his representative to appear in person before any competent authority or before any other person or body dealing with the online filing , subject to the proviso laid down in article 13b . ### member states shall ensure the documents and information , as referred to in article 14 , including any modification thereof , can be filed online with the register within the time limit provided by the laws of the member state where the company is to be registered . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant , or his representative to appear in person before any competent authority or before any other person or body dealing with , making or assisting in making the online filing , subject to the proviso laid down in article 13b . member states shall lay down detailed rules for the online filing of documents and information . article 13f to shall apply mutatis mutandis .


### without prejudice to paragraphs 1 to 3 , member states may take measures which could require a physical presence for the purposes of verifying the identity of persons before any authority competent to deal with online registration or online filing , in cases of genuine suspicion of fraud based on reasonable grounds . ### where justified by an overriding reason of public interest , member states may require the applicants or their representatives to appear in person before any competent authority , or before any other person or body dealing with , making or assisting in making the application for registration or filing , for procedural steps for which this physical presence is necessary . member states shall ensure that physical presence may only be required on a case by case basis and that any other steps of the procedure can be completed online .


### furthermore , in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches should also include controls on the identity and legal capacity of persons seeking to establish a company or branch . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration process , however , such involvement should not prevent the completion of the registration procedure in its entirety online . ### furthermore , in order to tackle fraud , money - laundering and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches and subsequent online filing should also include legality controls and controls on the identity and legal capacity of persons seeking to establish a company or branch or to file documents and information . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration and filing process , however , such involvement should not prevent the completion of the registration and filing procedure in its entirety online


### member states shall ensure that the origin and integrity of the documents filed online may be verified electronically . ### member states shall ensure that the origin and integrity of the documents filed online may be verified electronically . the requirements under applicable national law as to the authenticity , accuracy and due legal form of any submitted information or document shall remain unaffected .


### the use of digital tools and processes to more easily , rapidly and cost - effectively initiate economic activity by setting up a company or by opening a branch of that company in another member state is one of the prerequisites for the effective functioning of a competitive single market and for ensuring the competitiveness of companies . ### the use of digital tools and processes to more easily , rapidly and cost - effectively initiate economic activity by setting up a company or by opening a branch of that company in another member state and to provide comprehensive and costless information on companies is one of the prerequisites for the effective functioning of a competitive single market and for ensuring the competitiveness and trustworthiness of companies .


### the rules , referred to in paragraph 2 , may also provide for the following : ### the rules , referred to in paragraph 2 , shall also provide for the following :


### member states shall ensure that the registration of companies may be carried out fully online without the necessity for the applicants , or their representatives , to appear in person before any competent authority or before any other person or body dealing with the application for registration , subject to the proviso laid down in article 13b . however , member states may decide not to provide fully online registration procedures for those types of companies listed in annex i . ### member states shall ensure that the registration of companies by natural persons may be carried out fully online without the necessity for the applicants to appear in person before any competent authority or before any other person or body dealing with , making or assisting in making the application for registration , subject to the proviso laid down in article 13b . however , member states may decide not to provide fully online registration procedures for those types of companies listed in annex ii other than those listed in annex iia . the online registration of companies by representatives shall be excluded .


### furthermore , in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches should also include controls on the identity and legal capacity of persons seeking to establish a company or branch . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration process , however , such involvement should not prevent the completion of the registration procedure in its entirety online . ### furthermore , in order to tackle fraud , money - laundering and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches and subsequent online filing should also include legality controls and controls on the identity and legal capacity of persons seeking to establish a company or branch or to file documents and information . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration and filing process , however , such involvement should not prevent the completion of the registration and filing procedure in its entirety online .


### member states shall ensure that documents and information , referred to in article 30 or any modification thereof , may be filed online within the period provided by the laws of the member state where the branch is established . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant or its representative to appear in person before any competent authority or before any other person dealing with the online filing , subject to the proviso laid down in article 13b . ### member states shall ensure that documents and information , referred to in article 30 or any modification thereof , may be filed online within the period provided by the laws of the member state where the branch is established . member states shall ensure that such filing may be completed online in its entirety without the necessity for the applicant , or his representative to appear in person before any competent authority or before any other person or body dealing with the online filing , subject to the proviso laid down in article 13b . national legal provisions on the genuineness , accuracy and form of the documents and information submitted shall remain unaffected .


### the provisions of this directive are without prejudice to the possibility for each member state to take the necessary measures justified on grounds set out in articles 87 and 45 of the treaty on the functioning of the european union , to ensure the protection of its essential security interests , to safeguard public policy , public morality and public security , and to permit the investigation , detection and prosecution of criminal offences . ### the provisions of this directive are without prejudice to the possibility for each member state to take the necessary measures justified on grounds set out in articles 87 and 45 of the treaty on the functioning of the european union , to ensure the protection of its essential security interests , to safeguard public policy and public security , and to permit the investigation , detection and prosecution of criminal offences , taking into account that such measures must be provided for by law , respect the essence of the rights and freedom recognised by the charter and be subject to the principle of proportionality , in accordance with article 52 of the charter .


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services .


### in the digital single market strategy , the commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high - speed broadband networks , bring a more consistent single market approach to spectrum policy and management , deliver conditions for a true single market by tackling regulatory fragmentation , ensure a level playing field for all market players and consistent application of the rules , as well as provide a more effective regulatory institutional framework . ### in the digital single market strategy , the commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high - speed broadband networks , bring a more consistent single market approach to spectrum policy and management , deliver conditions for a true single market by tackling regulatory fragmentation , ensure an effective protection of consumers , a level playing field for all market players and consistent application of the rules , as well as provide a more effective regulatory institutional framework . the digital single market strategy for europe also announced the review of directive 2002 / 58 / ec in order to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players ;


### national regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity , as well as media pluralism . ### national regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy , the promotion of cultural and linguistic diversity , as well as media pluralism .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . _________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data . _________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### there is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure , by providing minimum appointment qualifications , and a minimum duration for their mandate . furthermore , the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture , ensure continuity , and enhance independence . ### there is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure , by providing minimum appointment qualifications , and a minimum duration for their mandate . furthermore , the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture , ensure continuity , and enhance independence . to this end , member states should also ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body , they operate in a transparent and accountable manner in accordance with union law and national law and they have sufficient powers .


### the aim of this directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take - up of very high capacity networks , sustainable competition , interoperability of electronic communications services and end - user benefits . ### the aim of this directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take - up of very high capacity secured networks , sustainable competition , interoperability of electronic communications services , accessibility and end - user benefits .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . _________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural , religious and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy , greater awareness of public opinion and the protection of personal data .


### without prejudice to the provisions of article 10 , national regulatory authorities shall act independently and objectively , and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing union law . this shall not prevent supervision in accordance with national constitutional law . only appeal bodies set up in accordance with article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities . ### without prejudice to the provisions of article 10 , national regulatory authorities shall act independently and objectively , be legally distinct and functionally independent from the government , operate in a transparent and accountable manner in accordance with union law and national law , have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing union law . this shall not prevent supervision in accordance with national constitutional law . only appeal bodies set up in accordance with article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities .


### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 1 , 5 % of the positive balance to be transferred to the receiving pepp provider . ### the total fees and charges applied by the transferring pepp provider to the pepp saver for the closure of the pepp account held with it shall be limited to no more than 0 , 5 % of the positive balance to be transferred to the receiving pepp provider .


### the choice of the form of out - payments for the decumulation phase shall be exercised by pepp savers upon conclusion of a pepp contract and can be changed once every five years thereafter during the accumulation phase , if applicable . ### for the basic pepp a minimum of 35% of out - payments in the form of annuities shall be mandatory .


### five years after the entry into force of this regulation , the commission shall carry out an evaluation of this regulation and , and after consulting eiopa , present a report on the main findings to the european parliament , the council and the european economic and social committee . ### every five years after the entry into force of this regulation , the commission shall carry out an evaluation of this regulation and , and after consulting eiopa , present a report on the main findings to the european parliament , the council and the european economic and social committee . in drafting the report , the commission shall also consult the national competent authorities .


### fees and charges , if any , applied by the transferring or the receiving pepp provider to the pepp saver for any service provided under article 46 , other than those referred to in paragraphs 1 , 2 and 3 of this article , shall be reasonable and in line with the actual costs of that pepp provider . ### in the context of the switching process , services given by the receiving pepp provider shall be free of charge .


### the choice of the form of out - payments for the decumulation phase shall be exercised by pepp savers upon conclusion of a pepp contract and can be changed once every five years thereafter during the accumulation phase , if applicable . ### for the basic pepp a minimum of 50% of out - payments in the form of annuities shall be mandatory .


### without prejudice to the deadline under article 13 , pepp providers shall ensure that within each individual pepp account a new compartment could be opened , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp by the member state to which the pepp saver moves . ### where , according to the previous article , pepp providers provide the portability service to pepp savers , they shall ensure that within each individual pepp account a new compartment could be opened , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp by the member state to which the pepp saver moves and for which a national compartment is available .


### the pepp saver shall be able to opt for a different investment option once every five years of accumulation in the pepp . ### the terms for modification of the investment option shall be listed in the pepp contract . in any case , the pepp saver shall be able to opt for a different investment option once every five years of accumulation in the pepp


### without prejudice to the deadline under article 13 , pepp providers shall ensure that within each individual pepp account a new compartment could be opened , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp by the member state to which the pepp saver moves . ### pepp providers shall ensure that within each individual pepp account a new compartment could be opened , either by transferral or addition , corresponding to the legal requirements and conditions for using incentives fixed at national level for the pepp of the member state where the compartment shall be opened .


### if pepp providers offer alternative investment options , at least one of them shall offer a cost - effective investment option to pepp savers . ### if pepp providers offer alternative investment options , all of them shall offer a default option to pepp savers .


### all contractual arrangements for providing the portability service shall be notified by the pepp provider to the respective national authority exercising prudential supervision over it . ### all contractual arrangements for providing the portability service shall be notified by the pepp provider to eiopa .


### without prejudice to the deadline under article 13 , immediately after being informed about the pepp saver ' s intention to exercise his right of mobility between member states , the pepp provider shall inform the pepp saver about the possibility to open a new compartment within the pepp saver ' s individual account and about the deadline within which such compartment could be opened . ### immediately after being informed about the pepp saver ' s intention to exercise his right of mobility between member states , the pepp provider shall inform the pepp saver about the possibility to open a new compartment within the pepp saver ' s individual account and about the deadline within which such compartment could be opened .


### ' capital ' means aggregate capital contributions and uncalled committed capital , calculated on the basis of amounts investible after deduction of all fees , charges and expenses that are directly or indirectly borne by investors ; ### ' capital ' means aggregate capital contributions and uncalled committed capital , calculated on the basis of amounts investible before deduction of all fees , charges and expenses that are directly or indirectly borne by investors ;


### the agency may also be tasked to develop , manage and / or host a common it system by a group of at least six member states opting on a voluntary basis for a centralised solution assisting them in implementing technical aspects of obligations deriving from union legislation on decentralised systems in the area of freedom , security and justice , subject to prior approval by the commission and after a decision of the management board . in such case the member states concerned shall entrust the agency with those tasks by way of a delegation agreement including the conditions for the delegation and setting out the calculation of all relevant costs and the invoicing method . ### the agency may also be tasked to develop , manage and / or host a common it system by a group of at least six member states opting on a voluntary basis for a centralised solution assisting them in implementing technical aspects of obligations deriving from union legislation on decentralised systems in the area of freedom , security and justice , subject to prior approval by the commission and after a decision of the management board . in such case the member states concerned shall entrust the agency with those tasks by way of a delegation agreement including the conditions for the delegation and setting out the calculation of all relevant costs and the invoicing method . all costs incurred shall be borne by the member states concerned .


### the power to take temporary measures , where there are no other effective means available to prevent a serious risk , including in particular temporary measures requiring hosting service providers to remove , disable or restrict access to content or to suspend or restrict access to a website , service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time ; ### the power to take temporary and / or final measures regarding unsafe or non - compliant products , where there are no other effective means available to prevent a serious risk , including in particular measures requiring hosting service providers to remove , disable or restrict access to content or to suspend or restrict access to a website , service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time ;


### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . ### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years , in view of the rapid market evolutions and new emerging risks . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains .


### the power to publish any final decisions , final measures , commitments given by the economic operator or decisions taken or made pursuant to this regulation , including the publication of the identity of the economic operator who was responsible for the non - compliance . ### the power to publish any final decisions , final measures , commitments given by the economic operator or decisions taken or made pursuant to this regulation , including the publication of the identity of the economic operator who was responsible for the non - compliance and the terms stating how the economic operator will have to compensate the loss or damage endured by consumers .


### market surveillance authorities shall exercise their powers in accordance with the principle of proportionality . ### market surveillance authorities shall exercise their powers in accordance with the precautionary principle and the principle of proportionality .


### where union harmonisation legislation provides for the drawing up of an eu declaration of conformity , manufacturers shall make the declaration publicly available on their website or , in the absence of a website , by any other means that allows the declaration to be readily accessed by the general public in the union free of charge . ### where union harmonisation legislation provides for the drawing up of an eu declaration of conformity , manufacturers including those from third countries , or importers , shall make the declaration publicly available on their website or , in the absence of a website , by any other means that allows the declaration to be readily accessed by the general public in the union free of charge .


### market surveillance authorities shall perform controls as part of their activities set out in paragraph 1 , on a risk - based approach , taking into account , as a minimum , the following factors : ### market surveillance authorities shall perform controls as part of their activities set out in paragraph 1 , on a risk - based approach , taking into account the precautionary principle and , as a minimum , the following factors :


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### road charges mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure , including alternative transport infrastructure , reducing road transport pollution at source and facilitating the production and taking up of zero - emission vehicles . therefore member states should ring - fence and use revenues from road charges accordingly and , to this end , adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of distance - based road charging .


### a congestion charge imposed on any section of the road network shall apply in a non - discriminatory manner to all vehicle categories , in accordance with the standard equivalence factors set out in annex v . ### a congestion charge imposed on any section of the road network shall apply in a non - discriminatory manner to all vehicle categories , in accordance with the standard equivalence factors set out in annex v . member states may however decide to exempt buses and coaches for the promotion of collective transport and socio - economic development and territorial cohesion .


### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1% of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem . ### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1% of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective , proportionate and non - discriminatory , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . similarly , balancing and compensatory formulae need to be found that do not discriminate against the working classes living on the outskirts of cities , who would already have to bear the costs of both user charges and tolls . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem .


### the values of tables 1 and 2 may be multiplied by a factor of up to 2 in mountain areas and around agglomerations to the extent that it is justified by lower dispersion , the gradient of roads , altitude or temperature inversions . ; ### the values of tables 1 and 2 may be multiplied by a reference factor of up to 4 in mountain areas and around agglomerations to the extent that it is justified by lower dispersion , the gradient of roads , altitude or temperature inversions . if there is scientific evidence for a higher mountain or agglomeration factor , this reference value can be increased based on a detailed justification ;


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


### where a member state levies a toll on a vehicle , the total amount of the toll , the amount of the infrastructure charge , the amount of the external - cost charge , and the amount of the congestion charge , where applied , shall be indicated in a receipt provided to the road user , where possible by electronic means . ' ; ### where a member state levies a toll on a vehicle , the total amount of the toll , the amount of the infrastructure charge , the amount of the external - cost charge , and the amount of the congestion charge , where applied , shall be indicated in a receipt , upon request , provided to the road user , where possible by electronic means . ;


### eliminating bottlenecks on the trans - european transport network ; ### eliminating bottlenecks and missing links on the trans - european transport network , and maintaining it ;


### member states may maintain or introduce an external - cost charge , related to the cost of traffic - based air or noise pollution or both . for heavy duty vehicles , the external - cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall respect the reference values set out in annex iiib . ### member states shall maintain or introduce an external - cost charge , related to the cost of traffic - based air or noise pollution or both , for all categories of vehicles . the external - cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall comply with at least the minimum values set out in annex iiib .


### where , in the event of a check , a driver or , if appropriate , the transport operator , is unable to produce the vehicle documents necessary to ascertain the emission levels of the vehicle pursuant to commission regulation … / …****** , member states may apply tolls or annual user charges up to the highest level chargeable . ### where , in the event of a check , a driver or , if appropriate , the transport operator , is not involved in an arrangement or any other mechanism approved by the operator or is unable to produce the vehicle documents necessary to ascertain the emission levels of the vehicle pursuant to commission regulation … / …****** , member states may apply tolls or annual user charges up to the highest level chargeable .


### ‘ cost of traffic - based noise pollution’ means the cost of the damage caused by the noise emitted by the vehicles or created by their interaction with the road surface ; ### ‘ cost of traffic - based noise pollution’ means the cost of the harm to human health and of the damage caused to the environment by the noise emitted by the vehicles or created by their interaction with the road surface ;


### table 2 : reference values of the external - cost charge for coaches ### table 2 : minimum values of the external - cost charge for coaches


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


### ' to that end , member states shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day , at least at major sales outlets , using common means of payment , inside and outside the member states in which they are applied . ' ; ### ' to that end , member states shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day , at least at major sales outlets , using common and / or electronic means of payment , inside and outside the member states in which they are applied . ' ;


### in order to promote the use of the cleanest and most efficient vehicles , member states should apply significantly reduced road tolls and user charges to those vehicles . ### in order to promote the use of the cleanest and most efficient vehicles , member states should apply significantly reduced road tolls and user charges to those vehicles . while automated and connected technology allows heavy - duty vehicles to further reduce co2 emissions’ when platooning , those vehicles should also be entitled to additional reduction of road tolls and user charges .


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . ### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . from . . . [ date of entry into force of this directive ] , zero - emission vehicles shall benefit from infrastructure charges reduced by 75 % compared to the highest rate . likewise , zero - emission operation shall benefit from the same reduction , provided that such operation can be proven .


### from 1 january 2021 , member states that levy tolls shall apply an external - cost charge to heavy duty vehicles on at least the part of the network referred to in article 7 where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in annex iiia . ### member states that levy tolls may apply a higher external - cost charge to heavy - duty and light - duty vehicles on the part of the network referred to in article 7 where environmental damage generated by heavy duty vehicles and vans intended for the carriage of goods is higher than the average environmental damage generated by heavy duty vehicles and vans intended for the carriage of goods defined in accordance with relevant reporting requirements referred to in annex iiia .


### in order to promote the use of the cleanest and most efficient vehicles , member states should apply significantly reduced road tolls and user charges to those vehicles . ### in order to promote the use of the cleanest and most efficient vehicles , in particular zero - emission vehicles , and reduce their competitive disadvantage in relation to conventional vehicles , member states should , as soon as possible , apply reduced road tolls and user charges to those vehicles . in order to accelerate the transition towards the cleanest and most efficient vehicles , it is necessary to apply these reductions independently of the entry into force of implementing regulation no 595 / 2009 of the european parliament and of the council1a . __________________ 1a regulation no 595 / 2009 of the european parliament and of the council of 18 june 2009 on type - approval of motor vehicles and engines with respect to emissions from heavy duty vehicles and on access to vehicle repair and maintenance information and amending regulation no 715 / 2007 and directive 2007 / 46 / ec and repealing directives 80 / 1269 / eec , 2005 / 55 / ec and 2005 / 78 / ec .


### to this effect , the maximum weighted average external - cost charges should be replaced by readily applicable reference values updated in light of inflation , the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition . ### to this effect , the maximum weighted average external - cost charges should be replaced by readily applicable minimum values updated in light of inflation , the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition .


### ‘ cost of traffic - based air pollution’ means the cost of the damage caused by the release of particulate matter and of ozone precursors , such as nitrogen oxide and volatile organic compounds , in the course of the operation of a vehicle ; ### ‘ cost of traffic - based air pollution’ means the cost of the harm to human health and of the damage caused to the environment by the release of particulate matter and of ozone precursors , such as nitrogen oxide and volatile organic compounds , in the course of the operation of a vehicle ;


### ‘ concession contract’ means a ‘ public works contract’ as defined in article 1 of directive 2014 / 24 / eu of the european parliament and of the council** ; ### ‘ concession contract’ means a ‘ concession’ as defined in article 5 of directive 2014 / 23 / eu of the european parliament and of the council1a** ; _________________ 1a directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts .


### within one year after official co2 emission data are published by the commission pursuant to regulation … / …***** , the commission shall adopt a delegated act , in accordance with article 9e , to define the reference values of co2 emissions , together with an appropriate categorisation of the heavy duty vehicles concerned . ### within one year after official co2 emission data are published by the commission pursuant to regulation … / …***** , the commission shall adopt a delegated act , in accordance with article 9e , to define the reference values of co2 emissions , together with an appropriate categorisation of the heavy duty vehicles concerned and to take into account advanced technologies and to define the modalities allowing tyre label classes to be factored in when modulating road charging , according to regulation no 1222 / 2009 .


### ‘ light duty vehicle’ means a passenger car , a minibus or van ; ### ‘ light duty vehicle’ means a passenger car , a minibus , a van , or a van intended for the carriage of goods ;


### where a member state levies a toll on a vehicle , the total amount of the toll , the amount of the infrastructure charge , the amount of the external - cost charge , and the amount of the congestion charge , where applied , shall be indicated in a receipt provided to the road user , where possible by electronic means . ' ; ### where a member state levies a toll on a vehicle , the total amount of the toll , the amount of the infrastructure charge , the amount of the external - cost charge , and the amount of the congestion charge , where applied , shall be indicated in a receipt , upon request , provided to the road user , where possible by electronic means . ;


### the mark - up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with article 7b and article 7e , except where the revenue generated is invested in cross - border sections of core network corridors , in which case the mark - up may not exceed 25 % ; ### the mark - up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with article 7b and article 7e , except where the revenue generated is invested in cross - border sections of core network corridors , in which case the mark - up may not exceed 50 % ;


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . ### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from reduced infrastructure charges compared to the highest rate .


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . ### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . from the date of entry into force of this directive , zero or reduced - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate .


### ‘ cost of traffic - based noise pollution’ means the cost of the damage caused by the noise emitted by the vehicles or created by their interaction with the road surface ; ### ‘ cost of traffic - based noise pollution’ means the cost of the harm to human health and of the damage caused to the environment by the noise emitted by the vehicles or created by their interaction with the road surface ;


### to adapt the ten - t networks to military mobility needs ; ### to adapt the ten - t networks to dual mobility needs ;


### following the joint communication on improving military mobility in the european union of november 20179 , 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 policy10 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 . __________________ 9 join 41 10 join 5 ### following the joint communication on improving dual mobility in the european union of november 20179 , 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 policy10 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 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 , ensuring their civilian usage is not jeopardised , 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 . __________________ 9 join 41 10 join 5


### in view of their potential to considerably affect the road haulage market , as well as the social protection of workers , serious infringements of union rules on the posting of workers and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute . ### in view of their potential to considerably affect the road haulage market , as well as the social protection of workers , serious infringements of union rules on the posting of workers , cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute .


### member states shall provide for sanctions against consignors , freight forwarders , contractors and subcontractors for non - compliance with chapters ii and iii , where they knowingly commission transport services which involve infringements of this regulation . ### member states shall provide for effective and dissuasive sanctions against consignors , freight forwarders , contractors and subcontractors for non - compliance with chapters ii and iii , where they commission transport services which involve infringements of this regulation .


### have premises in which it keeps its core business documents , in particular its commercial contracts , accounting documents , personnel management documents , labour contracts , documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this regulation ; ; ### have appropriate premises , proportionate to the activities of the undertaking , in which it keeps its core business documents , or secures access to them , either in written or electronic form , in particular its commercial contracts , accounting documents , personnel management documents , labour contracts , documents containing data relating to cabotage , posting of workers rules , and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this regulation ;


### to this end , and in order to facilitate checks and to eliminate uncertainty , the limitation on the number of cabotage operations subsequent to an international carriage should be abolished , while the number of days available for such operations should be reduced . ### in order to reduce the environmental burden and to avoid empty runs , cabotage operations should be allowed following an international carriage to or from a haulier ' s member state of establishment . in order to facilitate checks and to eliminate uncertainty , the limitation on the number of cabotage operations subsequent to an international carriage should be abolished , while the amount of time available for such operations in that member state should be reduced .


### general principle international carriage shall be carried out subject to possession of a community licence and , if the driver is a national of a third country , in conjunction with a driver attestation . ### article 3 is replaced by the following : ' general principle international carriage shall be carried out subject to the possession of a smart tachograph as stipulated in chapter ii of regulation no 165 / 2014 of the european parliament and of the council* , a community licence and , if the driver is a national of a third country , in conjunction with a driver attestation . ' __________________ * regulation no 165 / 2014 of the european parliament and of the council of 4 february 2014 on tachographs in road transport , repealing council regulation no 3821 / 85 on recording equipment in road transport and amending regulation no 561 / 2006 of the european parliament and of the council on the harmonisation of certain social legislation relating to road transport .


### the number of employees ; ### the number of employees , their names , nationality , country of residence , member state of social contribution and social insurance number ;


### the names of the transport managers designated to meet the conditions as to good repute and professional competence or , as appropriate , the name of a legal representative ; ### paragraph - 1 is added as follows : ' for more effective cross - border enforcement , the data contained in the national electronic registers shall be fully accessible in real time to competent authorities from other member states ' ; the names of the transport managers designated to meet the requirements laid down in article 3 relating to good repute and professional competence or , as appropriate , the name of a legal representative ;


### point is deleted ; ### point is replaced by the following : undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3 , 5 tonnes ;


### so far , and unless otherwise provided for in national law , the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles not exceeding that limit . the number of such undertakings which are active in both national and international transport operations has been increasing . as a result , several member states have decided to apply the rules on access to the occupation of road transport operator , provided for in regulation no 1071 / 2009 , to those undertakings . to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3 . 5 tonnes by way of common rules , and thus to approximate competitive conditions between all operators , this provision should be deleted , whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory . ### so far , and unless otherwise provided for in national law , the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles not exceeding that limit . the number of such undertakings which are active in both national and international transport operations has been increasing . as a result , several member states have decided to apply the rules on access to the occupation of road transport operator , provided for in regulation no 1071 / 2009 , to those undertakings . to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3 . 5 tonnes by way of common rules , and thus to approximate competitive conditions between all operators , the requirements for access to the profession should become mandatory for operators using vehicles with a permissible laden mass between 2 . 4 tonnes and 3 . 5 tonnes involved in international transport .


### undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing , to ensure that they have the means to carry out operations on a stable and long - lasting basis . however , since the operations concerned are generally of a limited size , the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit . ### undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or with combinations of vehicles not exceeding that limit should have a sufficient , minimum level of financial standing , to ensure that they have the means to carry out operations on a stable and long - lasting basis and to ensure that they are able to meet their obligations related to wages and social contributions for employees engaged in the sector . however , since the operations concerned are generally of a limited size , the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit .


### in order to satisfy the requirement laid down in article 3 , an undertaking shall , on a permanent basis , be able to meet its financial obligations in the course of the annual accounting year . the undertaking shall demonstrate , on the basis of annual accounts certified by an auditor or a duly accredited person , that , every year , it has at its disposal equity capital totalling at least eur 9 000 when only one vehicle is used and eur 5 000 for each additional vehicle used . undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3 . 5 tonnes shall demonstrate , on the basis of annual accounts certified by an auditor or a duly accredited person , that , every year , they have at their disposal equity capital totalling at least eur 1 800 when only one vehicle is used and eur 900 for each additional vehicle used . ; ### in order to satisfy the requirement laid down in article 3 , an undertaking shall , on a permanent basis , be able to meet its financial obligations in the course of the annual accounting year . the undertaking shall demonstrate , on the basis of annual accounts certified by an auditor or a duly accredited person , that , every year , it has at its disposal equity capital totalling at least eur 9 000 when only one vehicle is used and eur 5 000 for each additional vehicle used . undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3 . 5 tonnes shall demonstrate , on the basis of annual accounts certified by an auditor or a duly accredited person , that , every year , they have at their disposal equity capital totalling at least eur 1 800 when only one vehicle is used and eur 900 for each additional vehicle used . in addition , undertakings shall demonstrate that they have at their disposal an amount proportionate to one month ' s wage per mobile worker at the level of the country where they habitually carry out their activity ;


### the names of the transport managers designated to meet the conditions as to good repute and professional competence or , as appropriate , the name of a legal representative ; ### article 16 - paragraph 2 - point c is amended as follows : ' the names of the transport managers designated to meet the requirements laid down in article 3 relating to good repute and professional competence or , as appropriate , the name of a legal representative ; '


### member states shall , at least three times per year , undertake concerted roadside checks on cabotage operations . such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more member states , each operating in its own territory . the national contact points designated in accordance with article 18 of regulation no 1071 / 2009 of the european parliament and of the council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place . ### member states shall , at least six times per year , undertake concerted roadside checks on cabotage operations , which may coincide with checks performed in accordance with article 5 of directive 2006 / 22 / ec . such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more member states , each operating in its own territory . the national contact points designated in accordance with article 18 of regulation no 1071 / 2009 of the european parliament and of the council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place .


### so far , and unless otherwise provided for in national law , the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles not exceeding that limit . the number of such undertakings which are active in both national and international transport operations has been increasing . as a result , several member states have decided to apply the rules on access to the occupation of road transport operator , provided for in regulation no 1071 / 2009 , to those undertakings . to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3 . 5 tonnes by way of common rules , and thus to approximate competitive conditions between all operators , this provision should be deleted , whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory . ### so far , and unless otherwise provided for in national law , the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles not exceeding that limit . the number of such undertakings has been increasing particularly on the national transport market , because of the use of light commercial vehicles in towns and on shorter routes . as a result , several member states have decided to apply the rules on access to the occupation of road transport operator , provided for in regulation no 1071 / 2009 , to those undertakings . to ensure a minimum level of professionalisation of the sector , avoid loopholes and create fairer competition on the internal market without imposing unnecessary administrative and financial burdens on transport undertakings , particularly smes , vehicles with a permissible laden mass not exceeding 3 . 5 tonnes involved in international transport and cabotage operations by way of common rules , and thus to approximate competitive conditions between all operators , this provision should be deleted , whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory


### once the goods carried in the course of an incoming international carriage from another member state or from a third country to a host member state have been delivered , hauliers referred to in paragraph 1 shall be allowed to carry out , with the same vehicle or , in the case of a coupled combination , the motor vehicle of that same vehicle , cabotage operations in the host member state or in contiguous member states . the last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host member state in the course of the incoming international carriage . ' ; ### once the goods carried in the course of an incoming international carriage from another member state or from a third country to a host member state have been delivered , hauliers referred to in paragraph 1 shall be allowed to carry out , with the same vehicle or , in the case of a coupled combination , the motor vehicle of that same vehicle , cabotage operations in the host member state . the last unloading in the course of a cabotage operation shall take place within three days from the last unloading in the host member state in the course of the incoming international carriage . the vehicles referred to in the first subparagraph of this paragraph shall return to the member state of origin within two weeks , at the latest , of the time of exit from that member state .


### once the goods carried in the course of an incoming international carriage from another member state or from a third country to a host member state have been delivered , hauliers referred to in paragraph 1 shall be allowed to carry out , with the same vehicle or , in the case of a coupled combination , the motor vehicle of that same vehicle , cabotage operations in the host member state or in contiguous member states . the last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host member state in the course of the incoming international carriage ; ### once the goods carried in the course of an incoming international carriage to or from a haulier ' s member state of establishment have been delivered , the haulier shall be allowed to carry out , with the same vehicle or , in the case of a coupled combination , the motor vehicle of that same vehicle , cabotage operations in the host member state . the last unloading in the course of a cabotage operation shall take place within 48 hours from the last unloading in the host member state in the course of this incoming international carriage , subject to a transport contract ;


### in order to satisfy the requirement laid down in article 3 , an undertaking shall , on a permanent basis , be able to meet its financial obligations in the course of the annual accounting year . the undertaking shall demonstrate , on the basis of annual accounts certified by an auditor or a duly accredited person , that , every year , it has at its disposal equity capital totalling at least eur 9 000 when only one vehicle is used and eur 5 000 for each additional vehicle used . undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3 . 5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3 . 5 tonnes shall demonstrate , on the basis of annual accounts certified by an auditor or a duly accredited person , that , every year , they have at their disposal equity capital totalling at least eur 1 800 when only one vehicle is used and eur 900 for each additional vehicle used . ; ### in order to satisfy the requirement laid down in article 3 , an undertaking shall , on a permanent basis , be able to meet its financial obligations in the course of the annual accounting year . the undertaking shall demonstrate , on the basis of annual accounts certified by an auditor or a duly accredited person , that , every year , it has at its disposal equity capital totalling at least eur 9 000 when only one vehicle is used and eur 5 000 for each additional vehicle used with a permissible laden mass exceeding 3 . 5tonnes .


### in article 12 , the second subparagraph is deleted ; ### in article 12 , the second subparagraph is replaced by following ; ' member states shall carry out checks at least every three years to verify that undertakings fulfil the requirements laid down in article 3 '


### cepol shall support , develop and coordinate training for law enforcement officers , in line with the law enforcement training scheme , in particular in the areas of the fight against serious crime affecting two or more member states and terrorism , management of high - risk public order and sports events , planning and command of union missions , as well as law enforcement leadership and language skills , in order to : ### cepol shall support , develop and coordinate training for law enforcement officials , in particular in the areas of preventing and combating serious and organized crime affecting two or more member states and terrorism , management of public order and major events , planning and command of union missions , as well as law enforcement leadership at the european level and language skills . more specifically , cepol shall :


### a european union agency for law enforcement training is hereby established in order to foster a coherent european law enforcement training policy . ### a european union agency for law enforcement training , based on the network of national training institute for law enforcement officials in member states , is hereby established to improve cooperation among law enforcement authorities in the european union by supporting the training of their law enforcement officials in relation to prevention , detection and investigation of criminal offences , maintenance of law and order and eu police missions .


### member states shall take the necessary measures to ensure that by 2030 the amount of municipal waste landfilled is reduced to 10% of the total amount of municipal waste generated . ### member states shall take the necessary measures to ensure that by 2030 the amount of municipal waste landfilled is reduced to 5% of the total amount of municipal waste generated .


### the targets laid down in council directive 1999 / 31 / ec14 setting landfill restrictions should be amended to make them better reflect the union ' s ambition to move to a circular economy and make progress in the implementation of the raw materials initiative15 by reducing landfilling of waste destined for landfills for non - hazardous waste . __________________ 14 council directive 1999 / 31 / ec of 26 april 1999 on the landfill of waste . 15 com 699 and com 297 . ### the targets laid down in council directive 1999 / 31 / ec14 setting landfill restrictions should be ambitious and should therefore be increased to make them better reflect the union ' s ambition to move to a circular economy and make progress in the implementation of the raw materials initiative15 by phasing out landfilling of waste destined for landfills for non - hazardous waste . __________________ 14 council directive 1999 / 31 / ec of 26 april 1999 on the landfill of waste . 15 com 699 and com 297 .


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources , promoting a more circular economy , increasing energy efficiency and reducing the union&#180 ; s resource dependence ;


### by 31 december 2024 at the latest , the commission shall examine the target laid down in paragraph 5 with a view to reducing it and introducing restrictions to the landfilling of non - hazardous waste other than municipal waste . to this end , a report of the commission accompanied by a proposal , if appropriate , shall be sent to the european parliament and the council . ' ; ### by 31 december 2024 at the latest , the commission shall examine the target laid down in paragraph 5 with a view to reducing it and introducing restrictions to the landfilling of non - hazardous waste other than municipal waste . the commission shall carry out an impact assessment to establish whether it would be appropriate to set a target for the total amount of waste that can be landfilled , calculated per kilogram per person per year . to this end , a report of the commission accompanied by a proposal , if necessary , shall be sent to the european parliament and the council .


### the notification shall be accompanied by an implementation plan presenting the measures needed to ensure compliance with the targets before the new deadline . the plan shall also include a detailed timetable for the implementation of the proposed measures and an assessment of their expected impacts . ### the request notification shall be accompanied by an implementation plan presenting the measures needed to ensure compliance with the target before the new deadline . the plan shall be drafted on the basis of an evaluation of the existing waste management plans and shall also include a detailed timetable for the implementation of the proposed measures and an assessment of their expected impacts . the commission shall assess if the plan accompanying the request notification ensures compliance with at least the following requirements : - it demonstrates an adequate use of economic instruments to provide incentives for the application of the waste hierarchy as referred to in article 4 the directive 2008 / 98 / ce ; - it improves the quality of statistics and generates clear forecasts of waste management capacities and of the distance to the targets specified in articles 11 of this directive , articles 5 and 6 of directive 94 / 62 / ec and article 4 and 5 of directive 1999 / 31 / ec ; - it sets out waste prevention programmes as referred to in article 29 of this directive ; - it demonstrates an efficient and effective use of structural and cohesion funds through demonstrable long - term investments which aim at financing the development of the waste management infrastructures needed to meet the relevant targets . unless the commission raises objections to the presented plan within five months of the date of receipt , the request for the extension shall be deemed to be accepted . if one or more objections are raised by the commission , the commission shall require the member state concerned to submit a revised plan within two months of receipt of those objections . the commission shall assess the revised plan within two months of its receipt and accept or reject the request for extension in writing . in the absence of a reaction from the commission within that deadline , the request for extension shall be deemed to be accepted . the commission shall inform , within two months from the date of the decision , the council and the european parliament about the outcome of the request for extension .


### many member states have not yet completely developed the necessary waste management infrastructure . the setting of landfill reduction targets will further facilitate separate collection , sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy . ### many member states have not yet completely developed the necessary waste management infrastructure . the setting of clear landfill reduction targets and the creation of a framework programme with a time schedule for the targets to be met should further encourage and facilitate separate collection , sorting and recycling of waste . furthermore , these ambitious targets should provide an adequate context for stimulating increased public and private investments in infrastructure , research and skills , and they should avoid locking potentially recyclable materials at the bottom of the waste hierarchy .


### clear environmental , economic and social benefits would be derived from further restricting landfilling , starting with waste streams that are subject to separate collection . technical , environmental or economical feasibility of recycling or other recovery of residual waste resulting from separately collected waste should be taken into account in the implementation of these landfill restrictions . ### clear environmental , economic and social benefits would be derived from further restricting landfilling , starting with waste streams that are subject to separate collection , with the objective to accept only residual waste . long - term investments in infrastructure and in research and innovation will play a crucial role in reducing the amount of residual waste from separately collected waste , the recycling or other recovery of which is not technically , environmentally or economically feasible at the moment .


### member states shall take the necessary measures to ensure that by 2030 the amount of municipal waste landfilled is reduced to 10% of the total amount of municipal waste generated . ### member states shall take the necessary measures to ensure that by 2025 the amount of municipal waste and non - hazardous waste other than municipal waste is reduced to 10% of the total amount of municipal waste generated .


### waste that has been separately collected pursuant to article 11 and 22 of directive 2008 / 98 / ec . ### waste to be separately collected pursuant to article 11 and 22 of directive 2008 / 98 / ec ;


### the targets laid down in council directive 1999 / 31 / ec14 setting landfill restrictions should be amended to make them better reflect the union ' s ambition to move to a circular economy and make progress in the implementation of the raw materials initiative15 by reducing landfilling of waste destined for landfills for non - hazardous waste . __________________ 14 council directive 1999 / 31 / ec of 26 april 1999 on the landfill of waste . 15 com 699 and com 297 . ### the targets laid down in council directive 1999 / 31 / ec14 setting landfill restrictions should be amended to make them better reflect the union ' s ambition to move to a circular economy and make progress in the implementation of the raw materials initiative15 by gradually reducing landfilling of waste destined for landfills for non - hazardous waste until it is phased out altogether . __________________ 14 council directive 1999 / 31 / ec of 26 april 1999 on the landfill of waste . 15 com 699 and com 297 .


### by 31 december 2024 at the latest , the commission shall examine the target laid down in paragraph 5 with a view to reducing it and introducing restrictions to the landfilling of non - hazardous waste other than municipal waste . to this end , a report of the commission accompanied by a proposal , if appropriate , shall be sent to the european parliament and the council . ### by 31 december 2018 at the latest , the commission shall examine the possibility to introduce a target and restrictions to the landfilling of non - hazardous waste other than municipal waste . to this end , a report of the commission accompanied by a legislative proposal , if appropriate , shall be sent to the european parliament and the council .