### the conception and design of the programme should respond to the need for establishing a critical mass of supported activities , throughout the eu union and through international cooperation , in line with the un sustainable development goals . programme implementation should reinforce the pursuit of this aim . ### the conception and design of the programme should respond to the need for establishing a critical mass of supported activities , throughout the eu union and through targeted international cooperation , in line with the un sustainable development goals and the paris agreement . programme implementation should reinforce the pursuit of this aim .


### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; communities and cities ; industrial competitiveness in transport ; clean transport and mobility ; smart mobility ; energy storage . ### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; communities and cities ; industrial competitiveness in transport ; clean transport and mobility ; smart cities ; smart mobility ; energy storage ; culture and cultural heritage .


### areas of intervention : environmental observation ; biodiversity and natural capital ; agriculture , forestry and rural areas ; sea and oceans ; food systems ; bio - based innovation systems ; circular systems ### areas of intervention : environmental observation ; biodiversity and natural capital ; agriculture , forestry and rural areas ; rivers , sea and oceans as blue economy ; food systems ; bio - based innovation systems ; circular systems


### if despite a beneficiary ' s best efforts to exploit its results directly or indirectly no exploitation takes place within a given period as identified in the grant agreement , the beneficiary shall use an appropriate online platform as identified in the grant agreement to find interested parties to exploit those results . if justified on the basis of a request of the beneficiary , this obligation may be waived . ### if despite a beneficiary ' s best efforts to exploit its results directly or indirectly no exploitation takes place within a given period as identified in the grant agreement , the beneficiary shall use all appropriate online platforms as identified in the grant agreement to find interested parties to exploit those results on the eu territory first . if justified on the basis of a request of the beneficiary , this obligation may be waived .


### for actions related to union strategic assets , interests , autonomy or security , the work programme may provide that the participation can be limited to those legal entities established in member states only , or to those legal entities established in specified associated or other third countries in addition to member states . ### for actions related to union strategic assets , interests , autonomy or security , the work programme may provide that the participation can be limited to those legal entities established in member states only , or to those legal entities established in specified associated countries in addition to member states .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . ### acknowledging climate change as one of the biggest global and societal challenges , and reflecting the importance of urgent action to tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute actively to mainstream climate actions and to the achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives .


### participation in and financial contribution to a programme of research and innovation activities , based on the commitment of the partners for financial and in - kind contributions and integration of their relevant activities using a programme co - fund action ; ### participation in and financial contribution to a programme of research and innovation activities , based on the commitment of the partners for financial and / or in - kind contributions and integration of their relevant activities using a programme co - fund action ;


### all catches below the applicable minimum conservation reference size retained on board a union fishing vessel shall be placed in boxes , compartments or containers separately for each stock in such a way that they are identifiable from other boxes , compartments or containers . ### all catches below the applicable minimum conservation reference size retained on board a union fishing vessel shall be placed in boxes , compartments or containers in such a way that they are identifiable from other boxes , compartments or containers .


### the delegation of powers referred to in article 25a shall be conferred for an indeterminate period of time . ### the delegation of powers referred to in article 25a shall be conferred for a period of three years .


### without prejudice to specific provisions contained in multiannual plans , masters of union fishing vessels of 10 metres ' length overall or more shall keep a fishing logbook of their operations , indicating specifically all quantities of each species caught and kept on board . ### without prejudice to specific provisions contained in multiannual plans , masters of union fishing vessels of 10 metres ' length overall or more shall keep a fishing logbook of their operations , indicating specifically all quantities of each species caught and kept on board above 50 kg of live weight equivalent . the 50 kg threshold applies as soon as catches of a species exceed 50 kg .


### in order to ensure the implementation of the landing obligation control regulation 1224 / 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 should be amended to ensure monitoring of the landing obligation . for this purpose fishing authorisations should apply to fisheries subject to a landing obligation ; data on catches of all species shall be recorded irrespective of a weight threshold ; data on catches below minimum conservation reference sizes should be recorded separately ; in view of the difficulty to establish the exact quantity of small catches on board a fishing vessel a higher margin of tolerance should apply for estimates of small catches in logbooks and transhipment declarations ; rules for remote electronic monitoring should be established for the recording of data for monitoring the landing obligation at sea ; rules on a separate stowage of catches and control of marketing of catches below minimum conservation reference sizes should be set up ; and the conditions for the use of control observers for monitoring purposes should be defined . ### in order to ensure the implementation of the landing obligation control regulation 1224 / 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 should be amended to ensure monitoring of the landing obligation . catches of all species should be recorded above a weight threshold of 50 kg ; data on catches below minimum conservation reference sizes should be recorded separately ; in view of the difficulty to establish the exact quantity of small catches on board a fishing vessel a higher margin of tolerance should apply for estimates of small catches in logbooks and transhipment declarations ; member states’ prerogatives as regards monitoring and verifying compliance with the landing obligation at sea should be respected ; rules on a separate stowage of catches and control of marketing of catches below minimum conservation reference sizes should be set up ; and the conditions for the use of control observers for monitoring purposes should be defined .


### undersized marine organisms which belong to a species subject to the landing obligation set out in article 15 of regulation [ xxxx ] shall be retained on board , landed and counted against quotas . they shall not be sold , displayed or offered for sale for human consumption . ### undersized marine organisms which belong to a species shall be subject to the landing obligation set out in article 15 of regulation no 1380 / 2013 . article 2 of regulation no 1069 / 2009 and the relevant implementing provisions set out in regulation no 142 / 2011 shall not apply .


### undersized marine organisms which belong to a species subject to the landing obligation set out in article 15 of regulation [ xxxx ] shall be retained on board , landed and counted against quotas . they shall not be sold , displayed or offered for sale for human consumption . ” ### undersized marine organisms which belong to a species subject to the landing obligation set out in article 15 of regulation [ xxxx ] shall be retained on board , landed and counted against quotas . they shall not be sold , displayed or offered for sale for human consumption . by way of derogation from the first subparagraph of this paragraph , undersized sardine , anchovy , horse mackerel and mackerel caught for use as live bait may be retained on board , provided they are retained alive . ”


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


### 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 .


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources , fostering the energy transition and energy efficiency and promoting a more circular economy that will make it possible to reduce the union ' s natural resources dependence .


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


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness , especially infrastructure measures . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures , without adding to administrative burden or creating additional payment systems , which would undermine the efficiency of the efsi’s objectives , so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant market experience in project structuring and project financing , as well as macroeconomic expertise . the investment committee shall have a pluridisciplinary composition encompassing a broad range of expertise in various sectors , such as agriculture , research , transport and smes . it shall be appointed by the steering board for a renewable fixed term of three years . when appointing the committee , the steering board shall take into account the gender balance of the members .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in education and training , health , social and long - term care services , research and development including research and technology infrastructures relevant for research and innovation ;


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion , particularly in rural , remote and disadvantaged areas .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , sustainable and economic added value . in particular , the efsi should target projects that promote creation of quality and long - term jobs , long - term growth and competitiveness , especially infrastructure measures . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment and involvement of rural communities in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures , without adding to administrative burden or creating additional payment systems , which would undermine the efficiency of the efsi objectives , so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of infrastructure , including regional and local community related infrastructures , in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure with priority to rural areas lagging behind in fast broadband provisions ;


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure increased and geographically - balanced access at both eu and national level to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib .


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the environmental , agricultural , natural resources , rural and urban development and social fields ;


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the environmental , agricultural and rural development , natural resources , urban development and social fields ;


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant experience in project structuring and financing , as well as macroeconomic expertise . the investment committee shall have a pluridisciplinary composition encompassing a broad range of expertise in various sectors , such as agricultural , rural development and sustainability , transport , research and smes . a specialist in agricultural policies and rural and sustainable development and a specialist in environmental policy shall be appointed as independent experts in the investment committee . the investment committee shall be appointed by the steering board for a renewable fixed term of three years .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives , especially in terms of social , economic and territorial cohesion through the development of social infrastructures in education , health , research , development , information technology and communication and innovation , as well as expansion of renewable energy and energy efficiency , infrastructure projects in the field of environment , natural resources and urban development , and the promotion of services of general interest , particularly in terms of quality , safety , affordability , equal treatment , universality and user rights , that are common values recognized by protocol no . 26 teu and tfue . besides , the cap , being the only fully communitised field of policy , is of territorial application and is therefore very well suited to carry out projects which can complement those supported by the efsi . many of the existing instruments of the cap make targeted investments successfully .


### to partially finance the contribution from the union budget , the available envelopes of the horizon 2020 – the framework programme for research and innovation 2014 - 2020 , provided by regulation no 1291 / 2013 of the european parliament and of the council2 , and the connecting europe facility , provided by regulation no 1316 / 2013 of the european parliament and of the council3 , should be reduced . those programmes serve purposes that are not replicated by the efsi . however , the reduction of both programmes to finance the guarantee fund is expected to ensure a greater investment in certain areas of their respective mandates than is possible through the existing programmes . the efsi should be able to leverage the eu guarantee to multiply the financial effect within those areas of research , development and innovation and transport , telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned horizon 2020 and connecting europe facility programmes . it is , therefore , appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of efsi . __________________ 2 regulation no 1291 / 2013 of the european parliament and of the council of 11 december 2013 establishing horizon 2020 - the framework programme for research and innovation and repealing decision no 1982 / 2006 / ec . 3 regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 . ### the partial contribution of the eu budget will gradually be established by the co - legislators in the annual budgetary procedure until 2020 . in this regard , the budgetary authority will have to properly use all the flexibility mechanisms and other provisions under regulation .


### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential . ### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for supporting growth and stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential .


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries and regions most affected by the financial crisis and with higher levels of unemployment . the efsi should only be used where financing is not available from other sources on reasonable terms .


### registration ### permit and registration


### the procedure for registration shall include at least a notification to the competent authority by the operator of the operation or the intention to operate a medium combustion plant . ### member states shall specify the procedure for permitting and registration . this shall include at least an obligation for the operator to notify the competent authority of the operation or the intention to operate a medium combustion plant .


### ‘ operating hours’ means the time , expressed in hours , during which a combustion plant is discharging emissions into the air ; ### ‘ operating hours’ means the time , expressed in hours , during which a combustion plant is operating and discharging emissions into the air , excluding start - up and shut - down periods ;


### member states shall take the necessary measures to ensure that medium combustion plants are operated only if they are registered by the competent authority . ### member states shall take the necessary measures to ensure that new medium combustion plants are operated only if they were granted a permit or are registered by the competent authority .


### 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 .


### 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 , in extraordinary circumstances , exempt new medium combustion plants which do not operate more than 1000 operating hours per year as a rolling average over a period of 5 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 .


### ‘ primary road’ means a road that is not a motorway but connects major cities or regions , or both , and is defined as a primary road in the euroregionalmap produced by the national mapping and cadastral agencies of europe ; ### ‘ primary road’ means a road that is not a motorway but is intended for transport between administrative units and is defined as such by the categorisation of the relevant legislation of a member state ;


### the commission shall develop general performance requirements to facilitate the recognition of road markings and road signs . for this purpose , the commission shall adopt an implementing act in accordance with the procedure referred to in article 13 . ; ### the commission shall develop minimum performance requirements to facilitate the recognition of road markings and road signs , and to improve their connectivity and their interoperability with cooperative intelligent transport systems devices installed on connected and automated vehicles . for this purpose , the commission shall adopt an implementing act in accordance with the procedure referred to in article 13 . ” ;


### this directive shall apply to roads which are part of the trans - european network , to motorways and to primary roads , whether they are at the design stage , under construction or in operation . ### this directive shall apply to roads which are part of the trans - european network , all motorways , all primary roads and all main rural and main urban roads not covered by the primary road network definition , under construction or in operation .


### member states shall ensure that a network - wide road assessment is carried out on the entire road network in operation covered by this directive . network - wide road assessments shall comprise a visual inspection , an analysis of traffic volumes and historic accident data and an assessment of crash and impact severity risk . member states shall ensure that the first assessment is carried out by 2025 at the latest . subsequent network - wide road assessments shall be sufficiently frequent in order to ensure adequate safety levels , but in any case shall be carried out at least every five years . ### member states shall ensure that a network - wide road assessment is carried out on the entire road network in operation covered by this directive . network - wide road assessments shall comprise a detailed examination taking into account traffic volumes and historic accident data in order to classify crashes and impact severity risk . member states shall ensure that the first assessment is carried out by 2025 at the latest . subsequent network - wide road assessments shall be sufficiently frequent in order to ensure adequate safety levels and analysis related to accidents , but in any case shall be carried out at least every five years .


### member states shall ensure that road markings and road signs are properly designed and maintained in such a way that they can be easily and reliably recognised by both human drivers and vehicles equipped with driver assistance systems or higher levels of automation . ### member states shall ensure that road markings and road signs are properly designed , visible under all circumstances and maintained in such a way that they can be easily and reliably recognised by both human drivers and vehicles equipped with driver assistance systems or higher levels of automation .


### pedestrian crossings ; ### pedestrian and cycling crossings ;


### this directive shall apply to roads which are part of the trans - european network , to motorways and to primary roads , whether they are at the design stage , under construction or in operation . ### this directive shall apply to cover all roads which are part of the trans - european network , all motorways , all primary roads and all main rural and main urban roads not covered by the primary road network definition .


### according to the safe system approach , death and serious injury in road accidents is largely preventable . it should be a shared responsibility at all levels to ensure that road crashes do not lead to serious or fatal injuries . in particular , well - designed and properly maintained roads should reduce the probability of road traffic accidents , whilst ' forgiving ' roads should reduce the severity of accidents . ### according to the safe system approach , death and serious injury in road accidents is largely preventable . it should be a shared responsibility at all levels to ensure that road crashes do not lead to serious or fatal injuries . in particular , well - designed and properly maintained roads should reduce the probability of road traffic accidents , whilst “forgiving” roads should reduce the severity of accidents . guidelines with precise technical characteristics for the provision and maintenance of “forgiving roadsides” building on the experience of all member states should be developed by the commission .


### observed bicycle volumes ; ### observed bicycle volumes on both sides , noting “along” or “crossing” ;


### existence of pedestrian crossings . ### existence of pedestrian and cycling crossings .


### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs can be easily and reliably recognised by such vehicles . ### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs are visible under all circumstances and that they can be easily and reliably recognised by such vehicles and all road users .


### a large proportion of road accidents occur on a small proportion of roads where traffic volumes and speeds are high and where there is a wide range of traffic travelling at different speeds . therefore the limited extension of the scope of directive 2008 / 96 / ec to motorways and primary roads beyond the ten - t network should contribute significantly to the improvement of road infrastructure safety across the union . ### a large proportion of road accidents occur on a small proportion of roads where traffic volumes and speeds are high and where there is a wide range of traffic travelling at different speeds . therefore the extension of the scope of directive 2008 / 96 / ec to rural roads , to motorways and primary roads beyond the ten - t network should contribute significantly to the improvement of road infrastructure safety across the union and the same high level of safety to all road users .


### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs can be easily and reliably recognised by such vehicles . ### the design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety , especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation . in particular , it is necessary to ensure that road markings and signs can be easily and reliably recognised by such vehicles . in a similar vein , other regulations , such as directive 2004 / 54 on minimum safety requirements for tunnels in the trans - european road network , must be adapted to the new safety and digitisation standards of the transport sector .


### pedestrian crossing facility on entry arm of minor road joining network . ### pedestrian and cycling crossing facilities on entry arm of minor road joining network .


### member states shall ensure that appropriate signs are in place to warn road users of road infrastructure segments that are undergoing repairs and which may thus jeopardise the safety of road users . these signs shall also include signs which are visible during both day and night time and set up at a safe distance and shall comply with the provisions of the vienna convention on road signs and signals of 1968 . ### member states shall ensure that road users are informed of the existence of a high accident concentration section by appropriate measures . if a member state decides to use sign posting , this shall comply with the provisions of the vienna convention of road signs and signals of 1968 .


### roadside hazards and distance from carriageway edge ; ### roadside hazards and distance from carriageway or cycle path edge ;


### ‘ network - wide road assessment’ means an assessment of the safety of the road network within the scope of this directive in order to benchmark accident and impact severity risk ; ### ‘ network - wide road assessment’ means an assessment of the safety of the road network within the scope of this directive in order to benchmark high accident concentration sections , accident and impact severity risk ;


### ‘ primary road’ means a road that is not a motorway but connects major cities or regions , or both , and is defined as a primary road in the euroregionalmap produced by the national mapping and cadastral agencies of europe ; ### ‘ primary road’ means a road that is not a motorway but is intended for transport between administrative units and is defined as such by the categorisation of the relevant legislation of a member state ;


### a member state whose greenhouse gas emissions for a given year are below its annual emission allocation for that year , taking into account the use of flexibilities pursuant to this article and article 6 , may bank that excess part of its annual emission allocation to subsequent years until 2030 . ### a member state whose greenhouse gas emissions for a given year are below its annual emission allocation for that year , taking into account the use of flexibilities pursuant to this article , may bank 20% of that excess part of its annual emission allocation to subsequent years until 2030 .


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the value of the 2020 annual emission allocation pursuant to decision 2013 / 634 / eu , or on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 , using whichever value is lower and ending in 2030 on the limit set for that member state in annex i to this regulation . in order to ensure the effort sharing is fair and balanced , member states with an average of greenhouse gas emissions during 2016 , 2017 and 2018 below its 2020 annual emission allocation and with a gdp per capita below eu28 average gdp per capita in 2013 , can opt for starting on the value of the 2020 annual emission allocation .


### a member state may transfer up to 5% of its annual emission allocation for a given year to other member states . the receiving member state may use this quantity for compliance under article 9 for the given year or for subsequent years until 2030 . ### a member state may transfer up to 10% of its annual emission allocation for a given year to other member states . the receiving member state may use this quantity for compliance under article 9 for the given year or for subsequent years until 2030 .


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2017 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation .


### actions that the member state shall implement in order to meet its specific obligations under article 4 , through domestic policies and measures and the implementation of union action ; ### actions that the member state shall implement in order to meet its specific obligations under article 4 , through domestic policies and measures and the implementation of union action , without producing negative effects on the lives of citizens ;


### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . ### this regulation should be reviewed as of 2023 and every 3 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . where necessary , the review of this regulation should be accompanied by legislative proposals in order to further improve the union ' s climate action , taking into account the current status of implementation of relevant sectoral policies , and in line with the facilitative dialogue under the unfccc .


### awareness and dissemination activities , including to a wide audience of non - experts ; ### awareness , research and dissemination activities ,


### foreign direct investment contributes to the union ' s growth , by enhancing its competitiveness , creating jobs and economies of scale , bringing in capital , technologies , innovation , expertise , and by opening new markets for the union ' s exports . it supports the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes . ### foreign direct investment may contribute to the union ' s growth by enhancing its competitiveness , since such investment creates jobs , generates economies of scale , brings in capital , technologies , innovation , expertise and by opening new markets for the union ' s exports and enables reciprocity . it may support the objectives of the commission ' s investment plan for europe and contributes to other union projects and programmes set out in the non - exhaustive list included in the annex to this regulation , and is therefore in the strategic interests of the union as its impact extends beyond borders and value chains .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important , with the effectiveness of the mechanism in mind , to ensure a sufficient level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . all this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign end - investor , its origin and the financing of the planned or completed investment , including , on the basis of the best available information , information about subsidies granted by third countries . to that end , the commission may provide further information on the foreign investor and the foreign end - investor on the basis of its activities and experience , in particular as regards its past relations with the foreign investor .


### the member states where the foreign direct investment is planned or has been completed shall take utmost account of the commission ' s opinion and provide an explanation to the commission in case its opinion is not followed . ### the member states where the foreign direct investment is planned or has been completed shall take utmost account of the commission ' s opinion and provide an explanation to the commission in case its opinion is not followed . if the commission considers that this explanation is insufficient , particularly the assessment of the proof that the union ' s fundamental interests have not been violated , it may request a new screening process from the member state .


### - critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### - critical and strategic infrastructure , including energy , water , transport , communications and the media , data storage , space , health services , research or financial infrastructure , as well as sensitive facilities and any security and defence infrastructure ;


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned , including , when available , information about subsides granted by third countries .


### there is currently no comprehensive framework at eu - level for the screening of foreign direct investments on the grounds of security or public order . ### there is currently no comprehensive framework at union level for the screening of foreign direct investments on the grounds of security or public order . there are however several outlying countries which , due to austerity policies which had been imposed on them , were virtually forced to privatise key companies that consequently ended up in foreign ownership .


### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them . ### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states must notify their screening mechanisms and any amendment thereto to the commission , and must report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism must also report on the foreign direct investments that took place in their territory , including ports , airports , energy power suppliers and distributors , defence or dual use industries , territorial waters , the continental shelf and exclusive economic zones , on the basis of the information available to them and the efforts made to obtain that information .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs , security , strategic interest and competitiveness . this should include in particular projects and programmes involving eu funding or established by union legislation regarding critical infrastructure , defence , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment should be subject to a screening by the commission should be listed in an annex . this list should be promptly updated whenever new projects or programmes are established .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are likely to affect projects or programmes of union interest or the fundamental interests of the union on the grounds of internal or external security or public order particularly relating to the preservation of the community legal framework .


### a broad range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered . ### all types of foreign direct investments , regardless of their nature or quantity , including ' golden shares ' and ' golden powers ' should be covered where there is a desire for direct or indirect control and where they establish or maintain direct or indirect links between investors from third countries and undertakings carrying out an economic activity in a member state . it is also vital to provide the means necessary to conduct monitoring for the duration of the investments concerned .


### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions . ### it is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by member states to allow investors , the commission and other member states to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non - discriminatory between third countries . those elements should at least include the establishment of reasonable timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions , provided that the legal system of the member state concerned is not called into question , and that highly sensitive information is not made publicly available .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are considered to affect projects or programmes of union interest on the grounds of security or public order


### the union and the member states have an open investment environment , which is enshrined in the treaty on the functioning of the european union and embedded in the international commitments undertaken by the union and its member states with respect to foreign direct investment . ### the union and the member states , as market economies , have an open investment environment , which is enshrined in the treaty on the functioning of the european union and embedded in the international commitments undertaken by the union and its member states with respect to foreign direct investment . this openness to foreign investment must be maintained , provided it does not undermine the strategic autonomy of the union and the security of the union and its member states , while taking into account the increasing number of constraints and difficulties that businesses of the union are encountering in respect of investing in third countries , as a result of a lack of reciprocity .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a sufficient level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . all this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . sensitive information should be excluded from the reporting scope and the commission should in no way interfere with the right of each member state to protect sensitive or confidential information .


### the ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed , including information on the ultimate controlling shareholder or shareholders ; ### the full ownership structure of the foreign investor and of the undertaking in which the foreign direct&#160 ; investment is planned or has been completed , including information on the ultimate beneficial owners ;


### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment on the grounds of security or public order , subject to certain requirements . ### pursuant to the international commitments undertaken in the world trade organisation , the organisation for economic cooperation and development , and in the trade and investment agreements concluded with third countries , the union and members states may adopt restrictive measures relating to foreign direct investment only on the grounds of security or public order , subject to certain requirements .


### the ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed , including information on the ultimate controlling shareholder or shareholders ; ### the ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned , including information on the ultimate controlling shareholder or shareholders ;


### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment ; ### ' foreign investor ' means a natural or legal person of a third country or an undertaking of a third country or a national , state institution intending to make or having already made a foreign direct investment , whether they are the end - investor or an intermediary ;


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission must screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include , in particular , projects and programmes involving eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative and non - exhaustive list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission is listed in the annex . in order to update that list , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making1a . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned , irrespective of whether the member states providing comments or the member states in which the investment is planned maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states shall maintain , amend or adopt mechanisms to screen foreign direct investments on their own territory . screening may be undertaken if necessary to protect security or to maintain public order and shall be done in particular on the basis of the terms set out in this regulation .


### the member states where the foreign direct investment is planned or has been completed shall take utmost account of the commission ' s opinion and provide an explanation to the commission in case its opinion is not followed . ### the member states where the foreign direct investment is planned shall give due consideration to the commission’s opinion .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important , with the effectiveness of the mechanism in mind , to ensure a sufficient level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . all this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign end - investor , its origin and the financing of the planned or completed investment , including , on the basis of the best available information , information about subsidies granted by third countries . to that end , the commission may provide further information on the foreign investor and the foreign end - investor on the basis of its activities and experience , in particular as regards its past relations with the foreign investor .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address an opinion to the member states in which such investment is planned within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment .


### - access to sensitive information or the ability to control sensitive information . ### - access to sensitive information or the ability to control sensitive information related to the sectors , structures and technologies referred to in this article .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , services of general interest and services of general economic interest , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union ; in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### as part of the union’s arrangements for the screening of foreign direct investment , a mechanism should be set up which enables member states to maintain their screening mechanism , to cooperate , to exchange information , to build on best practice and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states or the strategic autonomy and the interests of the union . member states must be able to provide an opinion to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing opinions or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the opinions drawn up by member states must also be simultaneously forwarded to the commission . the commission must also issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided opinions .


### the commission shall address its opinion to the member state concerned within a reasonable period of time , and in any case no later than 25 working days following receipt of the information requested by the commission pursuant to paragraph 2 . where a member state has a screening mechanism in place as referred to in article 3 and the information on foreign direct investment undergoing screening has been received by the commission pursuant to article 8 , the opinion shall be delivered no later than 25 working days following receipt of such information . where additional information is needed to issue an opinion , the 25 - day period shall run from the date of receipt of the additional information . ### the commission shall address its opinion to the member state concerned within a reasonable period of time , without prejudice to national timeframes .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order or the union’s strategic autonomy , member states and the commission shall be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling critical technologies , and inputs which are essential for security or the maintenance of public order , and the union’s strategic autonomy and the disruption , including supply disruption , failure , loss or destruction of which would have an impact in a member state or in the union . in that regard , due diligence by the member states and the commission must also take careful account of whether a foreign investor of foreign end - investor , is controlled directly or indirectly by a foreign power , army or security forces , by a state or by the government of a third country . in addition , in order to build up an accurate picture of the investment , other information is helpful in decision - making , such as the investment conditions , the level of openness in the investor’s country of origin , the degree of reciprocity , the source of the funds , or the question of whether the foreign investment could bolster or lead to a monopolistic structure or to the control of a value chain to the loss of control of european critical infrastructures or supply chains .


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty for national mechanisms and for a european foreign direct investment screening mechanism , and to ensure union wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the responsibility of the member states for the maintenance of national security , public order and its strategic autonomy . this regulation provides a legal framework in the light of developments in the nature of foreign direct investment and in the practices connected with it around the world . with that in mind , the commission shall monitor screening systems in third countries .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states&#160 ; shall maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , in particular risks and threats to their strategic interests such as the protection of their population , the integrity of their territory or the survival of their democratic institutions , under the conditions and in accordance with the terms set out in this regulation .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest or its fundamental interests , on grounds of the internal or external security or public order relating in particular to the preservation of the community legal order , it shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission and member states a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , a list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .


### the member states where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other member states referred to in paragraph 2 and to the opinion of the commission referred to in paragraph 3 . ### the member states where the foreign direct investment is planned shall give due consideration to the comments of the other member states referred to in paragraph 2 and to the opinion of the commission referred to in paragraph 3 .


### the commission may request from the member state where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1 . ### the commission may request from the member state where the foreign direct investment is planned any information as referred to in article 10 necessary to issue the opinion referred to in paragraph 1 , unless this information is sensitive , unreasonable , inaccessible or impossible to obtain .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned irrespective of whether the member states providing comments or the member states in which the investment is planned maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . those member states which do not have a screening mechanism already implemented should have the unique right to decide if they decide to implement a screening mechanism .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of the union interest or of its strategic interests , on grounds of security or public order relevant for preserving the democratic control and the union legal order , the commission shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . the opinion of the commission shall simultaneously be communicated to the other member states and this advice should lead to a reconsideration of the referred investment , in order to ensure its control or termination .


### member states shall establish timeframes for issuing screening decisions . such timeframes shall allow them to take into account the comments of member states referred to in article 8 and the opinion of the commission referred to in articles 8 and 9 . ### member states shall establish timeframes for obtaining from the foreign investor or investors proof that their investment poses no risk or threat to their strategic interests and for making screening decisions .


### the opinion of the commission shall be communicated to the other member states . ### the opinion of the commission shall be communicated to the other member states and to the european parliament .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important , with the effectiveness of the mechanism in mind , to ensure a sufficient level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . all this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign end - investor , its origin and the financing of the planned or completed investment , including , on the basis of the best available information , information about subsidies granted by third countries . to that end , the commission may provide further information on the foreign investor and the foreign end - investor on the basis of its activities and experience , in particular as regards its past relations with the foreign investor .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned investment , including , when available , information about subsides granted by third countries .


### - critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### - critical infrastructure , including energy , transport , communications , networks and services , port , rail , airport , aerospace and space infrastructure , shipyards , data storage , large - scale data analysis , financial infrastructure , betting services as well as sensitive facilities ;


### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ; ### ' foreign direct investment ' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a member state , including investments which enable effective participation in the management or control of a company carrying out an economic activity ; these fdis can&#160 ; take the shape of purchases of securities , the granting of loans , the direct acquisition of real estate , or even patents and licences from abroad , or indirectly , from a location that already exists ;


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security , public order and the union’s strategic autonomy in a comprehensive manner , and to adapt to changing circumstances , to the context and to the conditions even when the investment has already been made , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances .


### in the absence of relevant available mercury - free production processes , operating conditions for the production of sodium or potassium methylate or ethylate involving the use of mercury should be set . ### in the absence of relevant available mercury - free production processes , operating conditions for the production of sodium or potassium methylate or ethylate involving the use of mercury should be set with a view to reducing total mercury emissions and releases from such production processes by 50 per cent by 2020 compared to 2010 in order to limit environmental and health impacts . measures should be taken to reduce the use of mercury and to phase out its use in such production processes as quickly as possible and in any event within 10 years of the entry into force of the convention .


### temporarily stored in above - ground facilities dedicated to and equipped for the temporary storage of mercury . ### temporarily stored for more than six months and for less than five years in above - ground facilities dedicated to and equipped for the temporary storage of mercury .


### without prejudice to commission decision 2000 / 532 / ec44 , the following shall be considered as waste and be disposed of without endangering human health or harming the environment in accordance with directive 2008 / 98 / ec : __________________ 44 commission decision 2000 / 532 / ec of 3 may 2000 replacing decision 94 / 3 / ec establishing a list of wastes pursuant to article 1 of council directive 75 / 442 / eec on waste and council decision 94 / 904 / ec establishing a list of hazardous waste pursuant to article 1 of council directive 91 / 689 / eec on hazardous waste . ### the following shall be considered as waste and be disposed of without endangering human health or harming the environment in accordance with directive 2008 / 98 / ec : __________________ 44 commission decision 2000 / 532 / ec of 3 may 2000 replacing decision 94 / 3 / ec establishing a list of wastes pursuant to article 1 of council directive 75 / 442 / eec on waste and council decision 94 / 904 / ec establishing a list of hazardous waste pursuant to article 1 of council directive 91 / 689 / eec on hazardous waste .


### from 1 january 2019 onwards dental facilities shall be equipped with amalgam separators aimed at retaining and collecting amalgam particles . those separators shall be maintained as required to ensure a high level of retention . ### from 1 january 2018 onwards dental facilities shall be equipped with amalgam separators aimed at retaining and collecting amalgam particles . those separators shall be maintained as required to ensure a high level of retention .


### a list of individual stocks of mercury exceeding 50 metric tonnes , which are located in their territory and , where member states are made aware , a list of sources of mercury supply generating annual stocks of mercury exceeding 10 metric tonnes . ### a list of individual stocks of mercury , mercury compounds or mercury waste exceeding 50 metric tonnes , which are located in their territory , as well as the amount of mercury at each site .


### the manufacturing and placing on the market of new mercury - added products and the establishment of new mercury - based manufacturing processes would increase the use of mercury and of mercury compounds and mercury emissions within the union . such new activities should therefore be prohibited unless an assessment demonstrates that these uses would provide significant environmental and health benefits and that no technically and economically feasible mercury - free alternatives providing such benefits are available . ### the manufacturing and placing on the market of new mercury - added products and the establishment of new mercury - based manufacturing processes would increase the use of mercury and of mercury compounds and mercury emissions within the union . such new activities should therefore be prohibited unless an assessment demonstrates that these uses would provide significant health benefits and that no technically feasible mercury - free alternatives providing such benefits are available .


### having regard to the treaty on the functioning of the european union , and in particular article 192 and article 207 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 192 thereof ,


### without prejudice to stricter requirements set out in other applicable union legislation , the export , import and the manufacturing in the union of the mercury - added products as set out in annex ii shall be prohibited from 1 january 2021 . ### without prejudice to stricter requirements set out in other applicable union legislation , the export , import and the manufacturing in the union of the mercury - added products as set out in annex ii shall be prohibited as from the dates specified therein .


### from 1 january 2019 onwards dental facilities shall be equipped with amalgam separators aimed at retaining and collecting amalgam particles . those separators shall be maintained as required to ensure a high level of retention . ### from 1 january 2018 onwards dental facilities shall be equipped with amalgam separators aimed at retaining and collecting amalgam particles . those separators shall be maintained as required to ensure a retention of at least 95 % of the amalgam particles .