### in accordance with article 10 of regulation no 1380 / 2013 provisions should be established for the periodical assessment by the commission of the adequacy and effectiveness of the application of this regulation . such assessment should follow and be based on periodic evaluation of the plan based on scientific advice : the plan should be evaluated every five years . this period allows for the full implementation of the landing obligation , and for regionalised measures to be adopted , implemented and to show effects on the stocks and fishery . it is also the minimum required period by scientific bodies . ### in accordance with article 10 of regulation no 1380 / 2013 provisions should be established for the periodical assessment by the commission of the adequacy and effectiveness of the application of this regulation . such assessment should follow and be based on periodic evaluation of the plan based on the best available scientific advice : the plan should be evaluated every five years . this period allows for the full implementation of the landing obligation , and for regionalised measures to be adopted , implemented and to show effects on the stocks and fishery . it is also the minimum required period by scientific bodies .


### &#8220 ; demersal stocks&#8221 ; means : those roundfish and flatfish species and norway lobster that live at or near the bottom of the water column . ### &#8220 ; demersal stocks&#8221 ; means : those roundfish , flatfish and cartilaginous fish species , norway lobster and northern prawn that live at or near the bottom of the water column .


### “group 2” means norway lobster functional units for which targets as fmsy ranges and safeguards linked to abundance are established in this plan consisting of : ### “target species group 2” means norway lobster functional units for which targets as fmsy ranges and safeguards linked to abundance are established in this plan consisting of :


### “msy btrigger” means the spawning stock biomass reference point below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing msy in the long term . ### “msy btrigger” means the spawning stock biomass reference point below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing maximum sustainable yield in the long term .


### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec . ### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem , particularly threatened habitats and protected species including marine mammals and seabirds , are minimised . it shall be coherent with the ecosystem - based approach in fishery management in accordance with article 4 of regulation no 1380 / 2013 , with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec , and with the targets and rules laid down in directives 2009 / 147 / ec and 92 / 43 / eec .


### in accordance with article 16 of regulation no 1380 / 2013 , fishing opportunities shall comply with the target fishing mortality ranges set out in annex i , column a to this regulation . ### in accordance with article 16 of regulation no 1380 / 2013 , fishing opportunities shall comply with the target fishing mortality ranges set out in annex i , column a to this regulation , taking into account the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by bearing in mind coastal fisheries and socio - economic aspects .


### in accordance with article 16 of regulation no 1380 / 2013 , fishing opportunities shall comply with the target fishing mortality ranges set out in annex i , column a to this regulation . ### in accordance with article 16 and article 17 of regulation no 1380 / 2013 , fishing opportunities shall be established in line with the objectives and targets set in the plan and with the best available scientific advice and shall comply with the target fishing mortality ranges set out in annex i , column a to this regulation .


### if , on the basis of scientific advice or evidence , it is necessary for the achievement of the objectives laid down in article 3 in the case of mixed fisheries ; ### if , on the basis of the best available scientific advice , it is necessary for the achievement of the objectives laid down in article 3 in the case of mixed fisheries ;


### if , on the basis of scientific advice or evidence , it is necessary to avoid serious harm to a stock caused by intra - or inter - species stock dynamics ; or ### if , on the basis of the best available scientific advice , it is necessary to avoid serious harm to a stock caused by intra - or inter - species stock dynamics ; or


### characteristics of fishing gear , in particular mesh size , hook size , construction of the gear , twine thickness , size of the gear or use of selectivity devices to ensure or improve selectivity ; ### defining the characteristics and specifications of fishing gear , in particular mesh size , hook size , construction of the gear , twine thickness , size of the gear or use of selectivity devices to ensure or improve selectivity , particularly with a view to reducing unwanted by - catches of stocks from group 6 ;


### without prejudice to article 8 , the tac for the stock of norway lobster in ices zones iia and iv shall be the sum of the catch limits of the functional units and of the statistical rectangles outside the functional units . ### for the stock of norway lobster in ices zones iia and iv , catch limits for each functional unit and a joint tac for the statistical rectangles outside the functional units shall be established .


### no less than five years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks . it shall submit the results of this evaluation to the european parliament and to the council . ### no less than three years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks , as well as the extent to which the objectives of this regulation have been met , including the recovery of fish stocks above levels capable of producing the maximum sustainable yield and the progress towards good environmental status . it shall submit the results of this evaluation to the european parliament and to the council .


### annex i target fishing mortality group 1 2 . group 2 ### annex i target fishing mortality group 1 figures in the table come from the most recent ices special request advice , the “eu request to ices to provide fmsy ranges for selected north sea and baltic sea stocks” 2 . group 2 figures in the table come from the most recent ices special request advice , the “eu request to ices to provide fmsy ranges for selected north sea and baltic sea stocks”


### member states may exempt new medium combustion plants which do not operate more than 500 operating hours per year from compliance with the emission limit values set out in part 2 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 100 mg / nm³ shall apply . ### member states may exempt new medium combustion plants which do not operate more than 1000 operating hours per year as a rolling average over a period of five years from compliance with the emission limit values set out in part 2 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 100 mg / nm³ shall apply .


### the first measurements shall be carried out within three months following the registration of the plant . ### the first measurements referred to in point 1 shall be carried out within three months following the registration of the plant .


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


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### enabling the online registration of companies and branches and the online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with highest assurance level defined in regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as identification via videoconference or other online means that provide a real - time audio - visual connection . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### as a first step in a company’s lifecycle , it should be possible to establish and register companies fully online . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . in any event , member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form . ### as a first step in a company’s lifecycle , it should be possible to establish and register companies fully online . however , member states should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect member states’ existing traditions of company law . in any event , member states should lay down detailed rules of registration . it should be possible to carry out online registration with the submission of documents in electronic form . furthermore , member states should have the right to exempt sectors in which fraudulent activity is particularly prevalent or sectors that are deemed to have a high risk of fraud .


### in order to assist businesses , in particular start - ups , in setting - up their business , it should be possible to register a private limited liability company with the use of templates which are model instruments of constitution which should be available online . such models may contain a pre - defined set of options in accordance with national law . the applicants should be able to choose between using this model or registering a company with bespoke instruments of constitution and member states should have the option to provide templates also for other types of companies . ### in order to assist businesses , in particular micro , small , medium - sized companies and start - ups in setting - up their enterprise , it should be possible to register a private limited liability company with the use of pre - defined templates which are model instruments of constitution which should be available online . such models may contain a pre - defined set of options in accordance with national law . the applicants should be able to choose between using this model or registering a company with bespoke instruments of constitution and member states should have the option to provide templates also for other types of companies .


### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law . ### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches and filing of documents and information , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches and filing of documents and information , which are not regulated in this directive should be governed by national law .


### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law . ### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches and filing of documents and information , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches and filing of documents and information which are not regulated in this directive should be governed by national law .


### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law . ### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which extend they ensure an online system of registration of companies and branches , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law .


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


### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . such requests for information , in relation to previous directorships , should be possible by means of the system of interconnection of registers and therefore member states should make the necessary arrangements to ensure that the national registers are able to provide such information . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . such requests for information , in relation to previous directorships , should be possible by means of the system of interconnection of registers and therefore member states should make the necessary arrangements to ensure that the national registers are able to provide and share such information , thereby helping to combat unlawful activities and ensure security by means of transnational cooperation . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . such requests for information , in relation to previous directorships , should be possible by means of the system of interconnection of registers and therefore member states should make the necessary arrangements to ensure that the national registers are able to provide such information . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### in order to ensure the protection of all persons interacting with companies , member states should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory , who is currently disqualified from acting as a director in another member state . such requests for information , in relation to previous directorships , should be possible by means of the system of interconnection of registers and therefore member states should make the necessary arrangements to ensure that the national registers are interconnected with all the member states and able to provide such information . the rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law . to ensure compliance with applicable rules on protection of personal data , national registers should process any such data relating to disqualification of director in compliance with regulation 2016 / 679 of the european parliament and of the council35 . _________________ 35 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### in the interest of transparency and to promote trust in business transactions , including those with a cross - border nature within the single market , it is important that investors , stakeholders , business partners and authorities can easily access company information . to improve the accessibility of that information , more information should be available free of charge in all member states . such information should include the website of the company , where applicable and , the legal status of the company and its branches in another member states , where available in national registers . it should also include information concerning the persons authorised to represent companies and the number of employees where this information is available . ### in the interest of transparency and to promote trust in business transactions , including those with a cross - border nature within the single market , it is important that investors , stakeholders , business partners and authorities and organisations such as trade unions , can easily access company information . to improve the accessibility of that information , more information should be available free of charge in all member states . such information should include the website of the company , where applicable and , the legal status of the company and its branches in another member states , where available in national registers . it should also include information concerning the persons authorised to represent companies and the number of employees where this information is available .


### the procedures to ensure the legal capacity of the applicant and their authority to represent the company ; ### the procedures to ensure the legal capacity of the applicant ;


### the requirements for the applicant to use trust services referred to in regulation no 910 / 2014 . ### the requirements for the applicant to use trust services referred to in regulation no 910 / 2014 . the procedures for preventive judicial , notarial and / or administrative control referred to in article 10 .


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


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


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


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


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


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


### taking into account the nature of the pension scheme established and the administrative burden involved , pepp providers and distributors should provide clear and adequate information to potential pepp savers and pepp beneficiaries to support their decision - making about their retirement . for the same reason , pepp providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership and post - retirement . in particular , information concerning accrued pension entitlements , projected levels of retirement benefits , risks and guarantees , and costs should be given . where projected levels of retirement benefits are based on economic scenarios , that information should also include an unfavourable scenario , which should be extreme but plausible . ### taking into account the nature of the pension scheme established and the administrative burden involved , pepp providers and distributors should provide clear , easy to understand , and adequate information to potential pepp savers and pepp beneficiaries to support their decision - making about their retirement . for the same reason , pepp providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre - enrolment , membership and post - retirement . in particular , information concerning accrued pension entitlements , projected levels of retirement benefits , risks and guarantees including risks relating to environmental , social and governance factors , and costs should be given . where projected levels of retirement benefits are based on economic scenarios , that information should also include an unfavourable scenario , which should be extreme but plausible .


### 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 .


### 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 , in such case the competent authority shall state reasons for objection , which shall be taken into account by eiopa .


### information on how the investment policy takes into account environmental , social and governance factors . ### information on the pepp provider’s investment policy principles , and in particular on how the investment policy takes into account environmental , social and governance factors , including the role they play in the investment process as well as the long - term impact and the externalities of the investment decisions .


### information on how the investment policy takes into account environmental , social and governance factors . ### information on how the investment policy takes into account environmental , social and governance factors , including the role they play in the investment process as well as the long term impact and the externalities of the investment decisions .


### the pepp saver may switch pepp providers no more frequently than once every five years after conclusion of the pepp contract . ### the terms for switching pepp providers shall be listed in the pepp contract . in any case , the pepp saver shall be able to switch pepp provider once every five years of accumulation in the pepp .


### the agency should also provide ad - hoc support to member states where required by security or migratory extraordinary needs . in particular , where a member state faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large inward migratory flows , the member states should be able to rely on technical and operational reinforcements . this should be provided in hotspot areas by migration management support teams composed of experts from relevant union agencies . where the support of eu - lisa would be required in this context with regard to issues related to the large - scale it systems it manages , the request for support should be sent to the agency by the commission . ### the agency should also provide ad - hoc support to member states where required by security or migratory extraordinary needs . in particular , where a member state faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large inward migratory flows , the member states should be able to rely on technical and operational reinforcements . this should be provided in hotspot areas by migration management support teams composed of experts from relevant union agencies . where the support of eu - lisa would be required in this context with regard to issues related to the large - scale it systems it manages , the request for support should be sent to the agency by the commission . in such a case , all costs incurred should be borne by the agency . the budget of the agency should include a specific budget line that is exclusively dedicated to this purpose and additional to the financial resources allocated for the daily work .


### the agency may be requested to provide advice to member states with regard to the national systems ' connection to the central systems and ad - hoc support to member states . the requests for ad - hoc support shall be submitted to the commission which shall transmit them to the agency . it may also be requested to provide advice or support to the commission on technical issues related to existing or new systems including by way of studies and testing . ### the agency may be requested to provide advice to member states with regard to the national systems ' connection to the central systems and ad - hoc support to member states . the requests for ad - hoc support shall be submitted to the commission which shall transmit them to the agency . it may also be requested to provide advice or support to the commission on technical issues related to existing or new systems including by way of studies and testing . the agency shall bear all costs incurred .


### the management board shall be composed of one representative from each member state and two representatives of the commission all with a right to vote , in accordance with article 20 . ### the management board shall be composed of one representative from each member state , two representatives of the commission and one member appointed by the european parliament , each of which shall have a right to vote , in accordance with article 20 .


### the translation services necessary for the activities of the agency shall be provided by the translation centre for the bodies of the european union . ### the translation services necessary for the activities of the agency shall be provided by the translation centre for the bodies of the european union or other translation service providers in accordance with the procurement rules and within the limits established by the relevant financial rules .


### no later than five years from the entry into force of this regulation , and every five years thereafter , the commission shall assess the agency ' s performance in relation to its objectives , mandate , tasks and locations in accordance with the commission ' s guidelines . the evaluation shall also assess the contribution of the agency to the establishment of a coordinated , cost - effective and coherent it environment at union level for the management of large scale it systems supporting the implementation of justice and home affairs policies . the evaluation shall in particular assess the possible need to modify the mandate of the agency and the financial implications of any such modification . ### no later than five years from the entry into force of this regulation , and every five years thereafter , the commission , in consultation with the management board , shall assess the agency ' s performance in relation to its objectives , mandate , tasks and locations in accordance with the commission ' s guidelines . the evaluation shall also assess the contribution of the agency to the establishment of a coordinated , cost - effective and coherent it environment at union level for the management of large scale it systems supporting the implementation of justice and home affairs policies . the evaluation shall in particular assess the possible need to modify the mandate of the agency and the financial implications of any such modification .


### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall have received the commission ' s prior approval . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks . ### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall have received the commission ' s prior approval . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks . the working arrangements shall establish the mechanisms for cost recovery .


### the annual work programme for the following year shall comprise detailed objectives and expected results including performance indicators . it shall also contain a description of the actions to be financed and an indication of financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multiannual work programme referred to in paragraph 6 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year . the management board shall amend the adopted annual work programme when a new task is given to the agency . any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme . the management board may delegate the power to make non - substantial amendments to the annual work programme to the executive director . ### the annual work programme for the following year shall comprise detailed objectives and expected results including performance indicators , in accordance with the principle of performance - based budgeting . it shall also contain a description of the actions to be financed and an indication of financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multiannual work programme referred to in paragraph 6 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year . the management board shall amend the adopted annual work programme when a new task is given to the agency . within this context , reprioritisation of activities shall always be considered as a valid alternative before potentially granting additional financial resources . any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme . the management board may delegate the power to make non - substantial amendments to the annual work programme to the executive director .


### this regulation should cover products that are subject to the union harmonisation legislation listed in the annex . the legislation listed in the annex should cover all union harmonisation legislation concerning manufactured products other than food , feed , medicinal products for human and veterinary use , living plants and animals , products of human origin and products of plants and animals relating directly to their future reproduction . this will ensure a uniform framework for market surveillance of those products at union level . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 . if new union harmonisation legislation is adopted in the future , it will be for that legislation to provide whether this regulation is also to apply to that legislation . ### this regulation should cover all products that are subject to the union harmonisation legislation as well as to member states’ legislation on products . therefore , this regulation should cover all products subject to harmonised and non - harmonised areas of union legislation . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 .


### safety of consumers largely depends on the active enforcement of union harmonisation legislation on products providing for safety requirements . it is therefore necessary to strengthen enforcement measures . these measures should be continuously improved and increasingly effective with a view to meeting the current challenges of a global market and an increasingly complex supply chain . ### safety of consumers largely depends on the active enforcement of union legislation on products providing for safety requirements . it is therefore necessary to strengthen enforcement measures , including with regard to the products that are offered for sale online to end - users within the union . these measures should be continuously improved and increasingly effective with a view to meeting the current challenges of a global market and an increasingly complex supply chain .


### this regulation lays down rules and procedures for the provision of compliance information about certain products that are the subject of union acts harmonising the conditions for the marketing of those products . it establishes a framework for cooperation with economic operators in relation to such products . ### this regulation aims to protect the health , safety and security of european consumers as well as the environment , and provides procedures to ensure that only safe and compliant products shall be made available to european consumers . this regulation applies to all products that are subject to the union harmonisation legislation and to all products subject to member states’ legislation which are made available on the union market ; it establishes a framework for cooperation with economic operators in relation to such products .


### ‘ market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements under union harmonisation legislation and do not endanger health , safety or any other aspect of public interest protection ; ### ‘ market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements under union legislation and do not endanger health and safety in general , health and safety in the workplace , the protection of consumers , public safety or any other aspect of public interest protection ;


### a market surveillance authority may use any information resulting from activities carried out or financed by other parties to a memorandum of understanding entered into by it under paragraph 1 as part of any investigation undertaken by it into non - compliance , but only if the activity in question was carried out independently , impartially and without bias . ### a market surveillance authority may use any information resulting from activities carried out or financed by other parties to a memorandum of understanding entered into by it under paragraph 1 as part of any investigation undertaken by it into non - compliance , but only if the activity in question was carried out independently , impartially and without bias . information on how products have been tested and the results of such tests shall be made publicly available .


### procedures for monitoring any accidents or any harm to the health or safety of end - users which are suspected of having been caused by such products ; ### procedures for monitoring any accidents or any harm to the health safety or security of end - users which are suspected of having been caused by such products ;


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


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


### market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale , by means of documentary checks and , where appropriate , physical and laboratory controls on the basis of a representative sample . ### market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale , with a minimum of 20% checks performed on products placed on the market , in accordance with the priorities determined by the compliance network and the common methodology defined by the commission , by means of documentary checks and , where appropriate , physical and laboratory controls on the basis of a representative sample .


### the decision whether or not a product presents a serious risk shall be based on an appropriate risk assessment which takes account of the nature of the hazard and the likelihood of its occurrence . the feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk . ### the decision whether or not a product presents a serious risk shall be based on an appropriate risk assessment which takes account of the nature of the hazard , the likelihood of its occurrence and the precautionary principle . the feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk .


### to organise cooperation and the effective exchange of information and best practices between market surveillance authorities ; ### to organise cooperation and facilitate the effective and regular exchange of information and best practices between member states as well as between market surveillance authorities , and between member states and relevant stakeholders ;


### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation that impose obligations on economic operators and to infringements of provisions of any union harmonisation legislation on products covered by this regulation that impose obligations on economic operators where that legislation does not provide for penalties , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ### the commission , together with member states , shall lay down the rules on penalties applicable to infringements of the provisions of this regulation that impose obligations on economic operators and to infringements of provisions of any union legislation on products that impose obligations on economic operators where that legislation does not provide for penalties , and shall take all measures necessary to ensure that they are implemented . the penalties shall be effective , proportionate and dissuasive . the commission shall also lay down the operational rules for member states to take temporary measures and corrective actions regarding non - compliant products and / or non compliant economic operators in order to speedily protect consumers when facing a risk .


### the nature , gravity and duration of the non - compliance taking into account the harm caused to end - users ; ### the nature , gravity and duration of the non - compliance taking into account the harm caused to end - users , to the environment , to social and economic interests ;


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


### new infrastructure or new infrastructure improvements , including significant structural repairs ; ### new infrastructure , new alternative transport infrastructure for modal shifting , or new infrastructure improvements , including significant structural repairs ;


### new infrastructure or new infrastructure improvements , including significant structural repairs ; ### new , alternative transport infrastructure for modal shifting , new infrastructure or new infrastructure improvements , including significant structural repairs ;


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


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


### for heavy duty vehicles , the external - cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall respect the reference values set out in annex iiib . ### for heavy duty vehicles , the external - cost charge for congestion , traffic - based air or noise pollution shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall respect the reference values set out in annex iiib .


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


### where , in the event of a check , a driver or , if appropriate , the transport operator , is unable to produce the vehicle documents necessary to ascertain the emission class of the vehicle for the purposes of paragraph 2 , member states may apply tolls up to the highest level chargeable . ### where , in the event of a check , a driver or , if appropriate , the transport operator , does not hold a valid subscription or its vehicle does not carry on - board equipment approved by the toll operator necessary to ascertain the emission class of the vehicle for the purposes of paragraph 2 , member states may apply tolls up to the highest level chargeable .


### to that end , member states shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day , at least at major sales outlets , using common means of payment , inside and outside the member states in which they are applied . ; ### to that end , member states shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day , either at the border or at any other sales outlet , using common means of payment , including cash or any type of card , inside and outside the member states in which they are applied the place of payment being at the user’s discretion .


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


### developing alternative infrastructure for transport users . ; ### developing alternative infrastructure and multimodal hubs for transport users . ;


### the power to adopt delegated acts referred to in article 7g , article 7ga and article 9d shall be conferred on the commission for an indeterminate period of time from [ date of entry into force of this directive ] . ### the power to adopt delegated acts referred to in article 7g , article 7ga and article 9d shall be conferred on the commission for a period of 5 years from . . . [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### - such costs shall be apportioned between heavy duty vehicles and other traffic on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4 . ### - such costs shall be apportioned between heavy duty vehicles and other light duty vehicles on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4 .


### this annex sets out reference values of the external - cost charge , including the cost of air pollution and noise . ### this annex sets out minimum values of the external - cost charge , including the cost of air pollution and noise .


### table 1 : reference values of the external - cost charge for heavy goods vehicles ### table 1 : minimum values of the external - cost charge for heavy goods vehicles


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


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


### following the joint communication on improving military mobility in the european union of november 20179 , the action plan on military mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy10 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the military requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for military transport , including necessary upgrades of existing infrastructure . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . __________________ 9 join 41 10 join 5 ### following the joint communication on improving dual mobility in the european union of november 20179 , the action plan on dual mobility adopted on 28 march 2018 by the commission and the high representative of the union for foreign affairs and security policy10 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and ten - t , with the overall view of improving mobility across the union . the action plan indicates that by mid - 2018 , the council is invited to consider and validate the dual requirements in relation to transport infrastructure and that , by 2019 the commission services will identify the parts of the trans - european transport network suitable for dual transport , ensuring their civilian usage is not jeopardised , including necessary upgrades of existing infrastructure . union funding for the implementation of the dual - use projects should be implemented through the programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the action plan . __________________ 9 join 41 10 join 5


### to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart , sustainable , inclusive , safe and secure mobility ; ### to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart , interoperable , sustainable , multimodal , inclusive , safe and secure mobility ;


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


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


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


### legal entities created under union law and international organisations where provided for in the work programmes . ### legal joint entities created under union law and international organisations where provided for in the work programmes .


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


### it is necessary to ensure that road transport operators established in a member state have a real and continuous presence in that member state and conduct their business from there . therefore , and in light of experience , it is necessary to clarify the provisions regarding the existence of an effective and stable establishment . ### it is necessary to ensure that road transport operators established in a member state have a real and continuous presence in that member state and conduct their business from there , including the process of directly billing their clients or , in case of a subsidiary system , the billing should be done in a proportionate way by the parent company . therefore , and in light of experience , it is necessary to clarify the provisions regarding the existence of an effective and stable establishment , as well as of a direct billing system with the beneficiary of the provided system , in order to ensure a proportionate profit shifting , avoid under billing in the member state that provides the service and the underpayment of the employees in that member state .


### the information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated . in particular , information regarding the registration number of the vehicles at the disposal of operators , the number of employees they hire , their risk rating and their basic financial information should allow a better national and cross - border enforcement of the provisions of regulations no 1071 / 2009 and no 1072 / 2009 . the rules on the national electronic register should therefore be amended accordingly . ### the information about transport operators contained in the national electronic registers should be continually updated to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated . in particular , information regarding the registration number of the vehicles at the disposal of operators , the number of employees they hire , their risk rating and their basic financial information should allow a better national and cross - border enforcement of the provisions of regulations no 1071 / 2009 and no 1072 / 2009 . furthermore , the national electronic registers should be interoperable and the data contained therein should be directly accessible for enforcement officials of all member states performing roadside checks . the rules on the national electronic register should therefore be amended accordingly .


### the means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified . the use and transmission of electronic transport information should be recognised as such means , which should simplify the provision of relevant evidence and its treatment by the competent authorities . the format used for that purpose should ensure reliability and authenticity . considering the increasing use of efficient electronic exchange of information in transport and logistics , it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures . ### effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market and to ensure that the rights of workers are protected . further digitalisation of enforcement is essential in order to free up enforcement capacity , reduce unnecessary administrative burden and better target high - risk transport operators . the rapid update and use of smart tachographs and electronic transport documents is necessary . the means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified . the use and transmission of electronic transport information should be recognised as such means , which should simplify the provision of relevant evidence and its treatment by the competent authorities . the format used for that purpose should ensure reliability and authenticity . considering the increasing use of efficient electronic exchange of information in transport and logistics , it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures .


### member states may promote periodic training on the subjects listed in annex i at 10 - year intervals to ensure that transport managers are aware of developments in the sector . ### article 8 paragraph 5 is amended as follows : ' member states may promote periodic training on the subjects listed in annex i at three - year intervals to ensure that the person or persons referred to in article 8 paragraph 1 are sufficiently aware of developments in the sector .


### in the event of carriage from a member state to a third country and vice versa , this regulation shall apply to the part of the journey on the territory of any member state crossed in transit . it shall not apply to that part of the journey on the territory of the member state of loading or unloading , as long as the necessary agreement between the community and the third country concerned has not been concluded . ### paragraph 2 of article 1 , is amended as follows : ' 2 . in the event of carriage from a member state to a third country and vice versa , this regulation shall apply to the part of the journey on the territory of any member state crossed in transit . this transit journey shall be covered by the posting of workers directive . it shall not apply to that part of the journey on the territory of the member state of loading or unloading , as long as the necessary agreement between the community and the third country concerned has not been concluded . '


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


### cepol should ensure that its training integrates relevant developments in research and encourage the creation of stronger partnerships between universities and law enforcement training institutes in the member states . ### cepol should ensure that its training integrates relevant developments in research and encourage the creation of stronger partnerships between universities and law enforcement training institutes in the member states as well as other european union law enforcement agencies in order to create spill - over effects by means ofenhanced cooperation .


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


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


### members of the management board and their alternates shall be appointed in the light of their knowledge in the field of training for law enforcement officers , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the management board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board . ### members of the management board and their alternates shall be appointed in the light of their knowledge in the field of training for law enforcement officers , taking into account relevant managerial , administrative , educational and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the management board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board .


### each member with voting rights shall have one vote . in the absence of a member with the right to vote , his / her alternate shall be entitled to exercise his / her right to vote . ### each member with voting rights shall have one vote . in the absence of a member with the right to vote , his / her alternate shall be entitled to exercise his / her right to vote , only if having a mandate from the member with the right to vote . .


### cepol shall be a body of the union . it shall have legal personality . ### cepol shall be a body of the european union . it shall have legal personality .


### in order to ensure a level playing field within the internal market as a whole , this regulation is consistent with directive 2014 / 49 / eu . it complements the rules and principles of that directive to ensure the proper functioning of edis and that appropriate funding is available to the latter . the material law on deposit guarantee to be applied within the edis framework will therefore be consistent with the one applicable by the national dgss or designated authorities of the non - participating member states , harmonised through the directive 2014 / 49 / eu . ### in order to ensure a level playing field within the internal market as a whole , this regulation is consistent with directive 2014 / 49 / eu . it complements the rules and principles of that directive to ensure the proper functioning of edis and that appropriate funding is available to the latter . the key objective of the edis is to enhance the effective deposit guarantee framework with a view to protecting depositors against the consequences of deposits becoming unavailable . at the full insurance stage , the objective is to provide an equal level of protection to all depositors of credit institutions affiliated to the participating dgss . the material law on deposit guarantee to be applied within the edis framework will therefore be consistent with the one applicable by the national dgss or designated authorities of the non - participating member states , harmonised through the directive 2014 / 49 / eu .


### in order to ensure greater coherence in waste legislation , the definitions in directives 1999 / 31 / ec should be aligned to those of directive 2008 / 98 / ec of the european parliament and of the council16 . __________________ 16 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### in order to ensure greater coherence in waste legislation , the definitions in directives 1999 / 31 / ec should be aligned , where relevant , to those of directive 2008 / 98 / ec of the european parliament and of the council16 . __________________ 16 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### clear environmental , economic and social benefits would be derived from further restricting landfilling , starting with waste streams that are subject to separate collection . technical , environmental or economical feasibility of recycling or other recovery of residual waste resulting from separately collected waste should be taken into account in the implementation of these landfill restrictions . ### environmental , economic and social benefits will be derived from further restricting landfilling and prohibiting the landfilling of waste that is subject to separate collection . technical , environmental or economical feasibility of recycling or other recovery of residual waste resulting from separately collected waste should be taken into account in the implementation of these landfill restrictions or prohibitions .


### many member states have not yet completely developed the necessary waste management infrastructure . the setting of landfill reduction targets will further facilitate separate collection , sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy . ### many member states have not yet completely developed the necessary waste management infrastructure . the setting of ambitious landfill reduction targets will further facilitate investments in separate collection , sorting and recycling facilities and avoid locking potentially recyclable materials at the bottom of the waste hierarchy .


### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . ### a progressive reduction of landfilling until it is phased out altogether is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . the shipment of waste within the european union and to third countries should be properly monitored and coordinated , thereby guaranteeing that it is carried out in a manner that is fully consistent with the principles and premisses of the circular economy .