### having regard to the international structure of agricultural trade and in the interest of the proper functioning of the internal market , it is necessary to organise cooperation among the member states . it is also necessary to set up a centralised documentation system at union level concerning undertakings established in third countries and which receive or make payments . ### having regard to the international structure of agricultural trade , in the interest of the proper functioning of the internal market , and in view of pcd as set forth in union law , it is necessary to organise cooperation among the member states , but also with third countries . it is also necessary to set up a centralised documentation system at union level concerning undertakings established in third countries and which receive or make payments .


### studies on the cap and evaluations of measures financed by the funds , including improvement of evaluation methods and exchange of information on practices under the cap , as well as studies carried out with the european investment bank ; ### studies on the cap and evaluations of measures financed by the funds , including improvement of evaluation methods and exchange of information on practices under the cap , as well as studies carried out with the european investment bank , involving all socially relevant actors referred to in article 94 of the cap strategic plans regulation ;


### contribution to measures relating to the dissemination of information , raising awareness , promoting cooperation and exchanging experiences at union level , and taken in the context of rural development interventions , including the networking of the parties concerned ; ### contribution to measures relating to the dissemination of information , raising awareness , including as regards the global consequences of the eu ' s cap , promoting cooperation and exchanging experiences at union level , and taken in the context of rural development interventions , including the networking of the parties concerned ;


### to promote and ensure harmonised application of union rules . ### to promote and ensure harmonised application of union rules as well as rules to be applied by the union that arise from the relevant international treaties .


### manage union agricultural markets in a global context ; ### manage union agricultural markets in a global context in order to ensure achievement of the sdgs and pcd ;


### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation or is not in line with the union ' s international agreements or with pcd , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 .


### the provision of information financed pursuant to point of article 7 shall aim , in particular , to help explain , implement and develop the cap and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns , to inform farmers and other parties active in rural areas and to promote the european model of agriculture , as well as to help citizens understand it . ### information financed pursuant to point of article 7 shall focus on the following issues : climate change mitigation , environmental protection , animal welfare , maintaining social structures in rural areas , and assuming responsibility - as part of the cap - for the cap ' s impact on the world and , in particular , on developing countries . it shall aim in particular to help explain , implement and develop the cap and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns , to inform farmers and other parties active in rural areas and to promote the european model of agriculture , as well as to help citizens understand it .


### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes with a significant children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . ### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes , as well as channels and audiovisual programmes for children . in particular , evidence shows that product placement and embedded advertisements can affect children ' s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in channels and audiovisual programmes for children . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes .


### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring that their catalogues contain a minimum share of european works and that those are given enough prominence . ### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring that their catalogues contain a minimum share of european works and that those are given enough prominence , without affecting media pluralism .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , illegal , harmful , racist and xenophobic content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . these rules should fully respect the freedom of expression , and could also create an eu common base for tackling ' harmful content ' and ' incitement to violence and hatred ' .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all citizens from incitement to violence or hatred directed against a person or a group of persons defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health .


### when taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to violence or hatred in accordance with this directive , the applicable fundamental rights , as laid down in the charter on fundamental rights of the european union , should be carefully balanced . that concerns in particular , as the case may be , the right to respect for private and family life and the protection of personal data , the freedom of expression and information , the freedom to conduct a business , the prohibition of discrimination and the right of the child . ### when taking the necessary measures to protect minors from illegal , harmful , racist and xenophobic content and to protect all citizens from content containing incitement to violence or hatred in accordance with this directive , the applicable fundamental rights , as laid down in the charter on fundamental rights of the european union , should be carefully balanced . that concerns in particular , as the case may be , the right to respect for private and family life and the protection of personal data , the freedom of expression and information , the freedom to conduct a business , the prohibition of discrimination and the rights of the child .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### regulatory authorities of the member states should achieve the requisite degree of independence by being established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of full enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should be transparent and should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection and non - discrimination , the internal market and the promotion of fair competition .


### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to advise and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . _________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services . ### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to act as an independent expert advisory group and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . _________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services .


### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars . ### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors , racism , xenophobia and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars .


### ' user - generated video ' means a set of moving images with or without sound constituting an individual item that is created and / or uploaded to a video - sharing platform by one or more users ; ### ' user - generated video ' means a set of moving images with or without sound constituting an individual item that is created and / or uploaded to a video - sharing platform by one or more users independent of and separate from the video - sharing platform ;


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain : any incitement to violate human dignity and any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , nationality , religion or belief , disability , age or sexual orientation ; any incitement to commit terrorist acts or the glorification of such acts .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed a person or a group of persons defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health ;


### article 7 is deleted ; ### article 7 is replaced by the following : member states shall ensure that services provided by the audiovisual media service providers under their jurisdiction are made accessible to people with visual and / or hearing disabilities , including by using subtitles for the deaf and hard of hearing , sign language interpretation and audio message and audio description for any visual information . member states should require that media service providers report on an annual basis on the accessibility of their services .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . ### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in channels and audiovisual programmes for children , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars .


### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children ' s audience . ### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes , as well as channels and audiovisual programmes for children .


### protect minors from content which may impair their physical , mental or moral development ; ### protect all minors from content which may impair their physical , mental or moral development ;


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### defining and applying in the terms and conditions of the specific video - sharing platforms the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ;


### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical , mental or moral development of minors ; ### establishing and operating efficient age verification systems for users of video - sharing platforms with respect to content which may impair the physical or mental development of minors ;


### establishing and operating systems allowing users of video - sharing platforms to rate the content referred to in paragraph 1 ; ### establishing and operating easy to use systems allowing users of video - sharing platforms to rate the content referred to in paragraph 1 ;


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . the independent national regulatory authorities shall provide the necessary guidelines to ensure that the measures taken , respect freedom of expression , are based on prior judicial authorisation , and include the necessity to inform users .


### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . ### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . member states shall not require video - sharing platform providers to conduct any stricter ex - ante control measure .


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


### the efficiency of freight transport and logistics is vital for the competitiveness of the union economy , the functioning of the internal market and the social and economic cohesion of all regions of the union . ### the efficiency of freight transport and logistics is vital for the growth and competitiveness of the union economy , the functioning of the internal market and the social and economic cohesion of all regions of the union .


### the movement of goods is accompanied by a large amount of information which is still exchanged in paper format , among businesses and between businesses and the public authorities . the use of paper documents represents a significant administrative burden for logistic operators . ### the movement of goods is accompanied by a large amount of information which is still exchanged in paper format , among businesses and between businesses and the public authorities . the use of paper documents represents an additional cost and a significant administrative burden for logistic operators , especially smes .


### the absence of a uniform legal framework at union level requiring public authorities to accept relevant freight transport information , required by legislation , in electronic form , is considered to be the main reason for the lack of progress towards the simplification and greater efficiency made possible by available electronic means . the lack of acceptance by public authorities of information in electronic form affects not only ease of communication between them and operators but , indirectly , also hampers the development of simplified business - to - business electronic communication across the union . ### the absence of a uniform legal framework at union level requiring public authorities to accept relevant freight transport information , required by legislation , in electronic form , is considered to be the main reason for the lack of progress towards the simplification and greater efficiency made possible by available electronic means . the lack of acceptance by public authorities of information in electronic form affects not only ease of communication between them and operators but , indirectly , also hampers the development of simplified business - to - business electronic communication across the union and will lead to an increase in administrative costs , especially for smes .


### some areas of union transport law require competent authorities to accept digitised information , but this concerns by far not all relevant union legislation . it should be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the union and in respect of all relevant phases of transport operations conducted within the union . furthermore , that possibility should apply to all regulatory information , in all transport modes . ### some areas of union transport law require competent authorities to accept digitised information , but this concerns by far not all relevant union legislation . it should be possible to use electronic means to make regulatory information on freight transport available to the authorities throughout the territory of the union and in respect of all relevant phases of transport operations conducted within the union . furthermore , that possibility should apply to all regulatory information , in all transport modes for the sake of more efficient controls and more rapid measures to counter infringements in this sector .


### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . ### delegated acts adopted in accordance with article 2 shall apply from one year after their entry into force .


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


### by setting the prudent person rule as the underlying principle for capital investment and making it possible for pepp providers to operate across borders , the redirection of savings into the sector of personal retirement provision is encouraged , thereby contributing to economic and social progress . ### by setting the prudent person rule as the underlying principle for capital investment and making it possible for pepp providers to operate across borders , the redirection of savings into the sector of personal retirement provision is encouraged , thereby contributing to economic and social progress . the prudent person rule shall also take into consideration the role played by environmental , social and governance factors in the investment process .


### the default investment option should allow the pepp saver to recoup the invested capital . the pepp providers could in addition include an inflation indexation mechanism to at least partly cover inflation . ### the default investment option should allow the pepp saver to recoup the real invested capital before the accumulated fees and costs are deducted and after accounting for inflation .


### pepp savers should be given the freedom to decide upon subscription of a pepp about their pay - out choice in the decumulation phase , but with a possibility to revise their choice once every five years thereafter , in order to be able to best adapt their pay - out choice to their needs when they near retirement . ### pepp savers should be given the freedom to decide upon subscription of a pepp about their pay - out choice in the decumulation phase , but with a possibility to revise their choice once every five years thereafter , in order to be able to best adapt their pay - out choice to their needs when they near retirement . in case of a default investment option at least 50% of the out - payment should be executed by means of annuities .


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


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


### before taking a decision on the application , eiopa shall consult the competent authority of the applicant . ### before taking a decision on the application , eiopa shall consult the competent national authority of the applicant . the competent national authority may submit an objection regarding an applicant .


### eiopa shall , on a quarterly basis , inform the competent authorities of the financial undertakings listed in article 5 of decisions to grant , refuse or withdraw authorisations pursuant to this regulation . ### eiopa shall , without delay , inform the competent authorities of the financial undertakings listed in article 5 of decisions to grant , refuse or withdraw authorisations pursuant to this regulation .


### existing personal pension products may be converted into “pepps” following authorisation by eiopa . ### at the request of the saver , existing personal pension products may be converted into “pepps” following authorisation by eiopa .


### financial undertakings referred to in article 5 may distribute pepps which they have not manufactured upon receiving authorisation for distribution by the competent authorities of their home member state . ### financial undertakings referred to in article 5 may distribute pepps which they have not manufactured upon receiving authorisation for distribution by the competent authorities of their home member state . the competent authorities shall inform eiopa about any authorisation or any refusal to grant authorisation .


### eiopa shall keep a central public register identifying each pepp authorised under this regulation , the provider of this pepp and the competent authority of the pepp provider . the register shall be made publicly available in electronic format . ### eiopa shall keep a central public register identifying each pepp authorised under this regulation , with information regarding the available national compartments and partnerships of each pepp , the provider of this pepp and the competent authority of the pepp provider . the register shall be made publicly available in electronic format .


### eiopa shall keep a central public register identifying each pepp authorised under this regulation , the provider of this pepp and the competent authority of the pepp provider . the register shall be made publicly available in electronic format . ### eiopa shall keep a central public register identifying each pepp authorised under this regulation , the provider and the authorised distributors of this pepp and the competent authority of the pepp provider . the register shall be made publicly available in electronic format .


### three years at the latest after the entry into application of this regulation , each pepp shall offer national compartments for all member states upon request addressed to the pepp provider . ### five years at the latest after the entry into application of this regulation , pepp providers shall offer portability of their pepp products either through national compartments or through partnerships for all member states upon request addressed to the pepp provider .


### provision of information on portability to the national authorities ### provision of information on portability to the competent authorities


### a description of the retirement benefits and the extent to which they are guaranteed ; ### a description of the retirement benefits and the extent to which they are guaranteed and a description of member state tax incentives and benefits ;


### the retirement age ; ### the retirement age applicable in the member state of domicile ; possible forms of out - payments and the right to change chosen form of out - payments ;


### general information on the portability service , including information on the compartments ; ### information on the portability service , including information on the compartments and tax treatment of compartments ;


### general information on the switching service , and a reference to the specific information about the switching service available under article 50 ; ### information on the switching service , and a reference to the specific information about the switching service available under article 50 ;


### available information related to the performance of the investment policy in terms of environmental , social and governance factors ; ### all information related to the performance of the investment policy in terms of environmental , social and governance factors ;


### in good time before the conclusion of a pepp - related contract , pepp providers or distributors referred to in article 19 of this regulation shall provide pepp savers or potential pepp savers with at least the information in relation to the pepp contract and themselves set out in article 19 and in points and of the first subparagraph of article 29 of directive 2016 / 97 in relation to insurance contracts and insurance intermediaries . ### when a potential pepp saver expresses interest in a pepp product , pepp providers or distributors referred to in article 19 of this regulation shall immediately provide pepp savers or potential pepp savers with at least the key information document and information in relation to the pepp contract and themselves set out in article 19 and in points and of the first subparagraph of article 29 of directive 2016 / 97 in relation to insurance contracts and insurance intermediaries .


### the information referred to in this paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that pepp savers are reasonably able to understand the nature and risks concerning the pepp offered and , consequently , to take investment decisions on an informed basis . ### the information referred to in this paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that pepp savers are able to understand the nature and risks and costs concerning the pepp offered and , consequently , to take investment decisions on an informed basis .


### where advice is provided prior to the conclusion of any specific contract , the pepp provider or distributor referred to in article 19 of this regulation shall provide the pepp saver with a personalised recommendation explaining why a particular pepp would best meet the pepp savers’s demands and needs . ### where advice is provided prior to the conclusion of any specific contract , the pepp provider or distributor referred to in article 19 of this regulation shall provide the pepp saver with a personalised recommendation explaining why a particular pepp would best meet the pepp savers’ demands and needs , also consistent with their ability to bear risk .


### where advice is provided prior to the conclusion of any specific contract , the pepp provider or distributor referred to in article 19 of this regulation shall provide the pepp saver with a personalised recommendation explaining why a particular pepp would best meet the pepp savers’s demands and needs . ### where advice is provided prior to the conclusion of any specific contract , the pepp provider or distributor referred to in article 19 of this regulation shall provide the pepp saver with a personalised recommendation explaining in written form why a particular pepp would best meet the pepp savers’ demands and needs .


### pepp providers and distributors referred to in article 19 of this regulation shall ensure and demonstrate to competent authorities on request that natural persons giving advice on pepps possess the necessary knowledge and competence to fulfil their obligations under this chapter . member states shall publish the criteria to be used for assessing such knowledge and competence . ### pepp providers and distributors referred to in article 19 of this regulation shall ensure and demonstrate to competent authorities on request that natural persons giving advice on pepps possess the necessary knowledge and competence to fulfil their obligations under this chapter . member states shall publish the criteria to be used for assessing such knowledge and competence in an appropriate way .


### without prejudice to article 25 , the pepp saver may waive his right to receive advice in relation to concluding a contract for the default investment option . ### without prejudice to article 25 , the pepp saver may waive his right to receive advice in relation to concluding a contract for the default investment option by confirming , that he was offered advice and that he waived his right to receive it .


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


### a written statement of the pepp provider’s investment - policy principles , containing at least such matters as the investment risk measurement methods , the risk - management processes implemented and the strategic asset allocation with respect to the nature and duration of pepp liabilities , as well as how the investment policy takes environmental , social and governance factors into account ; ### a written statement of the pepp provider’s investment - policy principles as set out in article 30 of directive 2016 / 2341 / eu , containing at least such matters as the investment risk measurement methods , the risk - management processes implemented and the strategic asset allocation with respect to the nature and duration of pepp liabilities , as well as how the investment policy takes environmental , social and governance factors into account ;


### pepp providers shall offer up to five investment options to pepp savers . ### pepp providers and pepp distributors shall offer first a safe , simple and cost - effective default investment option . pepp providers may offer additional alternative investment options to pepp savers .


### the pepp saver shall opt for an investment option upon conclusion of the pepp contract . ### the pepp saver shall opt for an investment option after receiving the relevant information , advice and decision support tool , upon conclusion of the pepp contract .


### the alternative investment options shall include risk - mitigation techniques to be defined by pepp providers . ### the alternative investment options shall include risk - mitigation techniques to be defined by pepp providers , according to the draft regulatory technical standards established by eiopa .


### pepp providers may offer pepps with an option ensuring the coverage of the risk of biometric risks . for the purpose of this regulation , ' biometric risks ' mean risks linked to longevity , disability and death . ### pepp providers may offer pepps with an option ensuring the coverage of the risk of biometric risks . for the purpose of this regulation , ' biometric risks ' mean risks linked to longevity , disability and death . the provider shall disclose all the costs of this biometric risk coverage separately to the pepp saver .


### liability under paragraph 1 shall not apply in cases of abnormal and unforeseeable circumstances beyond the control of the pepp provider pleading for the application of those circumstances , the consequences of which would have been unavoidable despite all efforts to the contrary , or where a pepp provider is bound by other legal obligations covered by union or national legislative acts . ### liability under paragraph 1 shall not apply in cases where a pepp provider is bound by other legal obligations covered by union or national legislative acts .


### the rules established by this directive for natural gas , including lng , shall also apply in a non - discriminatory way to biogas and gas from biomass or other types of gas in so far as such gases can technically and safely be injected into , and transported through , the natural gas system . ### in article 1 , paragraph 2 is replaced by the following : ' 2 . the rules established by this directive for natural gas , including lng , shall also apply in a non - discriminatory way to biogas and gas from biomass , green hydrogen and synthetic methane from renewable energy , or other types of gas in so far as such gases can technically and safely be injected into , and transported through , the natural gas system . '


### ' ‘ interconnector’ means a transmission line which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction ; ' ### ' ‘ interconnector’ means a transmission line which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction ; this definition does not apply to transmission lines between member states and third countries which were completed prior to the date of adoption of this directive ; '


### ‘ interconnector’ means a transmission line which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction ; ### ‘ interconnector’ means a transmission line , including its entry points from and exit points to a third country , which crosses or spans a border between member states or between member states and third countries up to the border of union jurisdiction ;


### the possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined . those measures should include the suspension of payments and of commitments , a reduction of funding under existing commitments , and a prohibition to conclude new commitments with recipients . ### the possible equitable and proportionate measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined . those measures may include the suspension of payments and of commitments , a reduction of funding under existing commitments , and a prohibition to conclude new commitments with recipients , in the presence of irrefutable evidence .


### ' government entity ' means all public authorities at all levels of government , including national , regional and local authorities , as well as member state organisations within the meaning of [ point 42 of article 2 ] of regulation no [ … ] . ### ' government entity ' means all public authorities at all levels of government , including national , regional and local authorities , as well as member state organisations within the meaning of point 42 of article 2 of regulation 2018 / 1046 of the european parliament and of the council1a . __________________ 1a regulation 2018 / 1046 of the european parliament and of the council of 18 july 2018 on the financial rules applicable to the general budget of the union , amending regulations no 1296 / 2013 , no 1301 / 2013 , no 1303 / 2013 , no 1304 / 2013 , no 1309 / 2013 , no 1316 / 2013 , no 223 / 2014 , no 283 / 2014 , and decision no 541 / 2014 / eu and repealing regulation no 966 / 2012 .


### the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud , corruption or other breaches of union law relating to the implementation of the union budget ; ### the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud , including tax fraud , corruption or other breaches of union law relating to the implementation of the union budget ;


### the prevention and sanctioning of fraud , corruption or other breaches of union law relating to the implementation of the union budget , and the imposition of effective and dissuasive penalties on recipients by national courts or by administrative authorities ; ### the prevention and sanctioning of fraud , including tax fraud , corruption or other breaches of union law relating to the implementation of the union budget , and the imposition of effective and dissuasive penalties on recipients by national courts or by administrative authorities ;


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


### the member state concerned shall provide all required information and may make observations within a time limit specified by the commission , which shall not be less than 1 month from the date of notification of the finding . in its observations , the member state may propose the adoption of remedial measures . ### the member state concerned shall provide all required information and may make observations within a time limit specified by the commission , which shall not be less than 1 month from the date of the request . in its observations , the member state may propose the adoption of remedial measures .


### the member state concerned shall provide all required information and may make observations within a time limit specified by the commission , which shall not be less than 1 month from the date of notification of the finding . in its observations , the member state may propose the adoption of remedial measures . ### the member state concerned shall provide the required information and may make observations within a time limit specified by the commission , which shall not be less than one month nor more than three months from the date of notification of the finding . in its observations , the member state may propose the adoption of remedial measures .


### the commission shall take into account the information received and any observations made by the member state concerned , as well as the adequacy of any proposed remedial measures , when deciding whether or not to submit a proposal for a decision on the appropriate measures . ### the commission shall take into account the information received and any observations made by the member state concerned , as well as the adequacy of any proposed remedial measures , when deciding whether or not to adopt a decision on the appropriate measures . the commission shall decide on the follow - up to be given to the information received within an indicative time limit of one month , and in any case within a reasonable timeframe from the date of receipt of that information .


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


### for the agricultural trqs concerned , articles 184 - 188 of regulation no 1308 / 20131provides the necessary legal basis for administration of the trqs once apportioned by the present regulation . for the trqs covering fisheries , industrial and certain processed agricultural products , administration is carried out pursuant to regulation no 32 / 20002 . the trq quantities concerned are set out in annex i to that regulation , which should therefore be replaced by the quantities set out in part b of the annex to the present regulation . _________________ 1 regulation no 1308 / 2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations no 922 / 72 , no 234 / 79 , no 1037 / 2001 and no 1234 / 2007 2 council regulation no 32 / 2000 of 17 december 1999 opening and providing for the administration of community tariff quotas bound in gatt and certain other community tariff quotas and establishing detailed rules for adjusting the quotas , and repealing council regulation no 1808 / 95 . ### for the agricultural trqs concerned , articles 184 - 188 of regulation no 1308 / 20131 provide the necessary legal basis for administration of the trqs once apportioned by the present regulation . that administration must therefore be carried out in accordance with the european agricultural model , based on the multi - functionality of agricultural activity , with emphasis also on explicit recognition of non - commercial considerations and catering for the needs of the public in the field of food safety , environmental protection , food quality and animal welfare . for the trqs covering fisheries , industrial and certain processed agricultural products , administration is carried out pursuant to regulation no 32 / 20002 . the trq quantities concerned are set out in annex i to that regulation , which should therefore be replaced by the quantities set out in part b of the annex to the present regulation . _________________ 1 regulation no 1308 / 2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations no 922 / 72 , no 234 / 79 , no 1037 / 2001 and no 1234 / 2007 . 2 council regulation no 32 / 2000 of 17 december 1999 opening and providing for the administration of community tariff quotas bound in gatt and certain other community tariff quotas and establishing detailed rules for adjusting the quotas , and repealing council regulation no 1808 / 95 .


### the commission is empowered to adopt delegated acts in accordance with article 4 to amend the annex to this regulation and annex i to regulation no 32 / 2000 in order to take account of the following : ### the commission is empowered to adopt delegated acts in accordance with article 4 to amend the annex to this regulation and annex i to regulation no 32 / 2000 , while taking care not to extend the current level of market access , in order to take account of the following :


### the power to adopt delegated acts referred to in article 3 shall be conferred on the commission for a period of [ 4 ] years from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 3 shall be conferred on the commission for a period of [ 2 ] years from the date of entry into force of this regulation .


### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . ### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . to ensure equal access to all information , the european parliament and the council shall receive all documents at the same time as member states ' experts .


### a delegated act adopted pursuant to article 3 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of [ two months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ one month ] at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 3 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of [ two months ] of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by [ one month / or as requested but no more than 40 working days ] at the initiative of the european parliament or of the council .


### the structural reform support programme was established with the objective of strengthening the capacity of member states to prepare and implement growth - sustaining administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . support under the programme is provided by the commission , upon request by a member state , and can cover a wide range of policy areas . developing resilient economies built on strong economic and social structures , which allow member states to efficiently absorb shocks and swiftly recover from them , contributes to economic and social cohesion . the implementation of institutional , administrative and growth - sustaining structural reforms is an appropriate tool for achieving such a development . ### the structural reform support programme has the objective of strengthening the capacity of member states to prepare and implement economic and administrative reforms aimed at promoting robust and sustainable growth , quality job creation , social and territorial cohesion and convergence , competitiveness , productivity and shared prosperity , and enhanced resilience to shocks , including through assistance for the efficient and effective use of the union funds . support under the programme is provided by the commission , upon request by a member state , and can cover a wide range of policy areas in line with national reform programmes .


### in order to provide support with the least possible delay , the commission should be able to use part of the financial envelope also to cover the cost of activities supporting the programme , such as expenses related to quality control and monitoring of projects on the ground . ### in order to provide support with the least possible delay , the commission should be able to use part of the financial envelope also to cover the cost of activities supporting the programme , such as expenses related to quality control , monitoring , and evaluation of projects on the ground .


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


### the commission shall provide the european parliament and the council with an annual monitoring report on the implementation of the programme . that report shall include information on : ### article 16 , the introductory part of paragraph 2 is replaced by the following : ' 2 . from 2018 until and including 2021 , the commission shall provide the european parliament and the council with an annual monitoring report on the implementation of the programme . that report shall include information on : '


### the ‘ green ship’ concept should be further developed in relation to waste management , so that an effective reward system can be implemented for those vessels that reduce their waste on board . ### the ‘ green ship’ concept should be implemented in relation to waste management . minimum requirements should be established across the union , so that an effective reward system can be implemented for those vessels that reduce their waste on board , in line with best practices and the 2017 imo guidelines for the implementation of annex v of the marpol convention .


### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ; ### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship , a fixed or floating platform , or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ;


### categories of costs for the operation and administration of prf ### categories of costs and net revenues related to the operation and administration of prf


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


### measures in and in relation to third countries supported through the fund should complement other actions outside the union supported through the union’s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy in respect of the country or region in question and the union international commitments . in relation to the external dimension , the fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the union ' s migration policy . ### measures taken under the fund in relation with third countries should be fully coherent with the principles and general objectives of the union’s external action and foreign policy in respect of the country or region in question and the union international commitments . cooperation with third countries should not be intended to support actions that are directly oriented towards development and should not undermine the principle of policy coherence for development , as set out in article 208 of the tfeu .


### the commission should promote , alongside the member states and the high representative , responsible behaviour in space and outer space and explore the possibility for accession to the relevant un conventions . ### the commission should promote , alongside the member states and the high representative , responsible behaviour in space and outer space , especially in view of the growing quantity of space debris , and explore the possibility of accession to the relevant un conventions .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implementing the paris agreement and the united nations sustainable development goals as a front - runner , this programme will contribute to mainstreaming climate actions and to the swift achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives as well as to the mainstreaming of the sustainable development goals into all union policies . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


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


### in addition , the sst should be complementary to existing mitigation measures , such as the space debris mitigation guidelines of the committee on the peaceful uses of outer space and guidelines for the long - term sustainability of outer space activities , or other initiatives , to ensure the safety , security and sustainability of outer space activities . with a view to reducing risks of collision , the sst would also seek synergies with initiatives of active removal and passivation measures of space debris . the sst should contribute to ensuring the peaceful use and exploration of outer space . the increase in space activities may have implication on the international initiatives in the area of the space traffic management . the union should monitor those developments and may take them into consideration in the context of the mid - term review of the current mff . ### in addition , the sst should be complementary to existing mitigation measures , such as the space debris mitigation guidelines of the committee on the peaceful uses of outer space and guidelines for the long - term sustainability of outer space activities , or other initiatives , to ensure the safety , security and sustainability of outer space activities . with a view to reducing risks of collision , the sst would also seek synergies with initiatives of active removal and passivation measures of space debris , for instance by developing active removal technologies . the sst should contribute to ensuring the peaceful use and exploration of outer space . the increase in space activities may have implications for the international initiatives in the area of the space traffic management . the union should monitor those developments and may take them into consideration in the context of the mid - term review of the current mff .


### additionally , the programme shall include measures for ensuring efficient access to space for the programme and for fostering an innovative space sector . ### additionally , the programme shall include measures for ensuring efficient access to space for the programme and for fostering an innovative and competitive space sector .


### for copernicus : to deliver accurate and reliable earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital economy ; ### for copernicus : to deliver accurate and reliable user - oriented earth observation data and information , supplied on a long - term basis , to support the implementation and monitoring of the union and its member states ' policies in the fields of the environment , climate change , agriculture and rural development , civil protection , safety and security , as well as the digital economy ;


### for space situational awareness : to enhance sst capabilities to monitor , track and identify space objects , to monitor space weather and to map and network member states neo capacities ; ### for space situational awareness : to enhance sst capabilities to monitor , track and identify space objects , to monitor space weather , to map and network member states’ neo capacities , and to bring about solutions for european earth orbit clean - up operations ;


### provision of education and training activities ; ### provision of education and training activities , for instance through traineeships aimed at students , recent graduates , and young professionals and entrepreneurs ;


### systematic consideration of the needs of users of the services provided by the programme ' s components , as well as of scientific and technological evolutions relating to those services ; ### systematic consideration of the needs of users of the services provided by the programme ' s components , including consultation of the user forum , as well as of scientific and technological evolutions relating to those services ;


### –marine environment monitoring to provide information on the state and dynamics of marine and coastal ecosystems and their resources ; ### –marine environment monitoring to provide information on the state and dynamics of marine ecosystems , with particular emphasis on plastic and microplastic pollution mapping , and of coastal ecosystems and their resources ;


### adopt , by 15 november each year , the agency ' s work programme for the following year after incorporating , without any change , the section drafted by the security accreditation board , in accordance with point of article 80 , and after having received the commission ' s opinion ; ### adopt , by 15 november each year , the agency ' s work programme for the following year after incorporating , without any change , the section drafted by the security accreditation board , in accordance with point of article 80 , and after having received the commission ' s opinion and consulted the european parliament on that work programme ;


### before deciding to apply a ground for non - recognition and non - execution , the executing authority should consult the issuing authority , in order to obtain any necessary additional information . ### before deciding to apply a ground for non - recognition and non - execution , the executing authority should consult the issuing authority , in order to obtain necessary additional information .


### any interested party , including bona fide third parties , should have legal remedies against the recognition and execution of a freezing or confiscation order to preserve his or her rights , including the effective possibility to challenge the order before a court or claim title of ownership or other property rights in accordance with directive 2014 / 42 / eu . the action should be brought before a court in the executing state . ### any interested party , including bona fide third parties , should have legal remedies against the recognition and execution of a freezing or confiscation order to preserve his or her rights , including the right of access to the file and the effective possibility to challenge the order before a court or claim title of ownership or other property rights in accordance with directive 2014 / 42 / eu . the action should be brought before a court in the executing state .


### without prejudice to article 22 , following the execution , the executing authority shall notify its decision to the person against whom the freezing order has been issued and to any interested party including bona fide third parties of which the executing authority has been informed in accordance with article 14 . ### without prejudice to article 22 , following the execution , the executing authority shall , without delay , notify its decision to the person against whom the freezing order has been issued and to any interested party including bona fide third parties of which the executing authority has been informed in accordance with article 14 .


### the notification shall contain information , at least briefly , on the reasons of the freezing order , on the authority who issued the order and on the existing legal remedies under the national law of the executing state . ### the notification shall contain comprehensible information on the reasons for the freezing order , on the authority which issued the order and on the existing legal remedies under the national law of the executing state .


### for the purpose of safeguarding ongoing investigations , the issuing authority may request the executing authority to keep the execution of the freezing order confidential for a limited period of time . ### for the purpose of safeguarding ongoing investigations , the issuing authority may request the executing authority to keep the execution of the freezing order confidential for a limited period of time . the issuing authority shall inform the executing authority when the reasons for confidentiality no longer apply .


### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , 50 % of the amount shall be transferred by the executing state to the issuing state . ### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , 70% of the amount shall be transferred by the executing state to the issuing state .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces because they are affected by government intervention , or when there is a situation of overcapacities 1a . it is further appropriate to clarify that in considering whether or not such a situation exists regard should be had , inter alia , to the potential impact of the following : government influence over the allocation of resources and decisions of enterprises , whether directly or indirectly , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; state - induced distortions in the operation of enterprises linked to privatisation and the use of non - market trading or compensation system ; the lack of a transparent and non - discriminatory company law which ensures adequate corporate governance ; the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime ; the lack of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; wage rates are not the result of free bargaining between labour and management ; the absence of a transparent set of laws produces discriminatory effects with regards to joint - ventures and other foreign investments and access to finance granted by institutions implementing public policy objectives ; the lack of ratification and of correct implementation of core international labour organisation conventions and of multilateral environmental agreements to which the union is party ; the non - compliance with the relevant oecd recommendations pertaining to the field of taxation ; and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . for indicative purposes , a detailed list of the examples of significant distortions is available in the annex . that list should be updated after each case . the existence of one or more significant distortions in the economy as a whole or in one or several sectors of the economy of the exporting country should lead automatically to the use of undistorted third country , international or union prices , costs or benchmarks for each and every factor of production in the construction of the normal value , as well as to the disapplication of the lesser - duty rule for the calculation of the anti - dumping duty to be imposed on imports from exporting producers from that country . in the absence of undistorted third country or international costs or benchmarks , the commission should determine the normal value on any other reasonable basis , including on the basis of relevant prices and costs in the union . this is especially the case where a significant portion of the complaining industry is made up of smes . the reliability of the costs and prices of a given factor of production to be considered undistorted should be assessed , inter alia , by reference to the quantities involved , their proportion in relation to the total costs of that factor , and actual use in production . under this methodology , the burden of proving the absence of significant distortions on every factors of production falls on the exporting country ' s producers . if an exporting producer from a country where one of more significant distortions exist conclusively demonstrates at an early stage of the investigation that the costs of one or more of its factors of production are not distorted , those individual factors of production costs should be used in the construction of the normal value , without prejudice to the use of undistorted third country , union or international prices , costs or benchmarks for those individual factors of production that are significantly distorted . it is further appropriate to provide that the commission services should , at their own initiative or on the request of the european parliament , of a member state or of the union industry , issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; for those countries for which a substantial number of anti - dumping cases have been recorded , the report should be completed three months before the entry into force of this regulation and adopted fifteen days within its entry into force . union industry , including trade unions and smes , should be consulted during the report drafting process . when drafting a report , the commission shall coordinate with the union ' s major trading partners . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . in accordance with its role , the european parliament is to monitor the report drafting process . on the request of the european parliament , of a member state , of the union industry or in the case of a change of circumstances in a specific country or sector , the commission should adopt a specific report or update an existing one . in any event , the commission should carry out a review of the report every two and a half years . _________________ 1a overcapacities are defined when the commercial surpluses start being structural without any comparative advantage in the country , when domestic prices and costs are lower than the prices in the world market or when investments in new production capacities are realised in discordance with a growing commercial surplus


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy or in one or several sectors of the economy , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for each and every factor of production , and the lesser - duty rule shall not apply for the calculation of the anti - dumping duties to be imposed on imports from the exporting producers from that country . for this purpose , the sources that may be used include : – corresponding costs of production and sale in an appropriate representative producer country where the prices and costs concerned by the investigation are the result of free market forces , including those in the union or – if considered inappropriate by the commission , undistorted international prices , costs , or benchmarks , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . in the absence of undistorted international or third country costs or benchmarks , the commission shall determine the normal value on any other reasonable basis , including on the basis of relevant prices or costs in the union . this is especially the case where a significant portion of the complaining union industry is made up of smes . the reliability of the costs and prices of a given factor of production to be considered undistorted shall be assessed , inter alia , by reference to the quantities involved , their proportion in relation to the total costs of that factor , and actual use in production . under this methodology , the burden of proving the absence of significant distortions on every factors of production falls on the exporting country ' s producers . if an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted , those individual factors of production costs should be used in the construction of the normal value , without prejudice to the use of undistorted third country , union or international prices , costs of benchmarks for those individual factors of production that are significantly distorted .


### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of point and shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . ### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of point and shall be given 10 working days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . a disclosure regarding the methodology to be used shall be communicated to the parties no later than three months from initiation of the investigation .


### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . ### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . in addition , users report quality of service issues when sending , receiving or returning cross - border parcels and consistent technical standards in this field are in need of improvement , including in relation to environmental considerations .


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


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . that directive establishes common rules governing the provision of postal services and the universal postal service in the union . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . however , the provisions of this regulation are without prejudice to the rights and guarantees set out in that directive including in particular the continued provision of a universal postal service to users . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


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


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


### this regulation establishes specific rules , in addition to the rules set out in directive 97 / 67 / ec , concerning : ### in order to foster better user accessibility to efficient and affordable cross - border parcel delivery services , this regulation establishes specific provisions , in addition to the provisions set out in directive 97 / 67 / ec , concerning :


### by 31 march of each calendar year , all parcel delivery service providers shall submit the following information to the national regulatory authority of the member state in which they are established : ### by 31 march of each calendar year , all parcel delivery service providers including those parcel delivery services using alternative business models , for example those drawing on the collaborative economy and e - commerce platforms shall submit the following information to the national regulatory authority of the member state in which they are established , unless the national regulatory authority has already requested and received such information :


### by 31 march of each calendar year , all parcel delivery service providers shall submit the following information to the national regulatory authority of the member state in which they are established : ### by 30 april of each calendar year , all parcel delivery service providers shall submit the following information to the national regulatory authority of the member state in which they are established :


### the provider ' s general conditions of sale , including a detailed description of the complaints procedure . ### the parcel delivery service provider ' s general terms and conditions for parcel delivery services , including a detailed description of the complaints procedure for users .


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


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to parcel delivery service providers and their subsidiaries , with less than 5% of the national market share , which employed on average fewer than 25 persons over the course of the previous calendar year . the number of persons shall be calculated on the basis of the average annual number of full - time , part - time , temporary employees and self - employed , as well as persons working for sub - contracting companies in parcel delivery services . a breakdown of the calculations shall be made available upon request .