### the council adopted on 22 february 2007 a resolution on ‘ opportunities and challenges of demographic change in europe : the contribution of older people to economic and social development’ , which emphasised the need to increase the possibilities of active participation by older people , the new economic opportunities created by the growing demand of older people for certain goods and services as well as the importance of a positive public image of older people . ### the council adopted on 22 february 2007 a resolution on ‘ opportunities and challenges of demographic change in europe : the contribution of older people to economic and social development’ , which emphasised the need to increase the possibilities of active participation by older people , the new economic opportunities created by the growing demand of older people for certain goods and services as well as the importance of a positive public image of older people . the valuable voluntary work of older people is an excellent example of the essential contribution that the ageing population makes to society and the economy , and this should be further encouraged in the future .


### the growing proportion of older people in europe makes it more important than ever to promote healthy ageing . healthy ageing can help raise labour market participation of older people , enable them to be active in society for longer , improve their individual quality of life and curb the strains on health and social care systems . ### the growing proportion of older people in europe makes it more important than ever to encourage healthy ageing through the promotion of cultural activities , which contribute positively both to mental and physical health . healthy ageing can help raise labour market participation of older people , enable them to be active in society for longer , improve their individual quality of life and curb the strains on health and social care systems .


### all emissions from flights to and from countries outside the european economic area in 2013 ; ### all emissions from flights to and from countries outside the european economic area in each calendar year starting 2013 up to and including 2020 ;


### member states may provide that at the request of the subcontractor and where the nature of the contract so allows , the contracting authority shall transfer due payments directly to the subcontractor for services , supplies or works provided to the main contractor . in such case , member states shall put in place appropriate mechanisms permitting the main contractor to object to undue payments . the arrangements concerning that mode of payment shall be set out in the procurement documents . ### member states may provide that , if requested by the subcontractor and where the nature of the contract so allows , the contracting authority shall transfer due payments directly to the subcontractor for services , supplies or works provided to the main contractor . in such case , member states shall put in place appropriate mechanisms permitting the main contractor to object to undue payments . the arrangements concerning that mode of payment shall be set out in the procurement documents .


### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice should only be used in very exceptional circumstances . this exception should be limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly . ### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice are only to be used in very exceptional circumstances and under the threshold as set out in article 4 and with adequate justification . this exception is limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly .


### — the execution of construction or demolition works , or of other installations or schemes , ### - the execution of construction works or of or other installations or schemes , including demolition works directly linked to the execution of construction works ,


### if the consultations and the information gathered pursuant to articles 5 , 6 and 7 conclude that a project will have significant adverse environmental effects , the competent authority , as early as possible and in close cooperation with the authorities referred to in article 6 and the developer , shall consider whether the environmental report referred to in article 5 should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed . ### if the consultations and the information gathered pursuant to articles 5 , 6 and 7 conclude that a project will have significant adverse environmental effects , the competent authority shall , as early as possible , discuss with the authorities referred to in article 6 and the developer whether the environmental report referred to in article 5 should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed under the relevant law .


### a description of the relevant aspects of the existing state of the environment and the likely evolution thereof without implementation of the project . this description should cover any existing environmental problems relevant to the project , including , in particular , those relating to any areas of a particular environmental importance and the use of natural resources . ### a description of the relevant aspects of the existing state of the environment . this description should cover any existing environmental problems relevant to the project , including , in particular , those relating to any areas of a particular environmental importance and the use of natural resources .


### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects . ### if the competent authority decides to grant development consent , it shall , in accordance with the relevant legislation , ensure that the development consent includes measures to monitor the significant adverse environmental effects .


### the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and / or committees of national experts . ### if deemed necessary due to obvious technical deficiencies in the environmental report , the competent authority shall ensure that the environmental report is verified by competent persons and / or expert committees .


### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive . ### this directive shall apply to projects for which the eia procedure , including the request for development consent , was formally initiated after the date referred to in the first subparagraph of article 2 .


### land , soil , water , air and climate change ; ### soil , water , air , climate and the landscape ;


### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation . ### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation may be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation , if deemed appropriate by the authorities in the member state .


### member states shall appoint one authority , which shall be responsible for facilitating the development consent procedure for each project . ### member states may appoint one authority , which shall be responsible for facilitating the development consent procedure for each project .


### population , human health , and biodiversity , with particular attention to species and habitats protected under council directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council ; ### human beings , fauna and flora ;


### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment . the detailed list of selection criteria to be used is specified in annex iii . ### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the competent authority shall , where necessary , take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment . the detailed list of selection criteria to be used is specified in annex iii .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 5 shall be given or made available to the consumer in good time and at any event before the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used .


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 13 and 42 , the consequences of any breach of article 5 shall be determined in accordance with the applicable national law . member states shall provide for effective remedies for any breach of article 5 .


### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . ### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least , on that particular medium prior to the conclusion of such a contract , the information regarding the main characteristics of the product or service , the total price , the duration of the contract and , if the contract is open - ended , the conditions for terminating the contract referred to in article 5 , and . the other information referred to in article 5 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 .


### these disparities create significant internal market barriers affecting business and consumers . they increase compliance costs to business wishing to engage in cross border sale of goods or provision of services . fragmentation also undermines consumer confidence in the internal market . the negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the community . this problem is particularly acute in the light of new market developments . ### certain disparities in the member states’ legislation in the field of consumer contracts , particularly contracts concluded at a distance or away from business premises , create significant internal market barriers affecting business and consumers . they increase compliance costs to business wishing to engage in cross border sale of goods or provision of services . inappropriate fragmentation also undermines consumer confidence in the internal market .


### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are primarily outside his trade , business , craft or profession ;


### any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances , or ### any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer , even if preceded by an offer from the consumer , or


### member states shall ensure that contract terms , as set out in the list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure the contract terms set out in the non - exhaustive list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 .


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to contract terms in contracts between traders and consumers which have not been individually negotiated . a term shall be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term , particularly in the context of a pre - formulated standard contract .


### the consumer may resort to any remedy available under paragraph 1 , where one of the following situations exists : ### when the remedy chosen is repair or replacement , the consumer may resort to having the contract rescinded or the price reduced when one of the following situations exists :


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply , in contracts between traders and consumers , to contract terms which have not been the subject of individual negotiation . a contract term is deemed not to have been the subject of individual negotiation when it has been drafted in advance and the consumer has not been able to influence its content , specifically within the framework of pre - formulated standard contract . contract terms which have been the subject of individual negotiation do not fall within the scope of this chapter . the member states may therefore maintain or introduce national rules concerning such contract terms and decide that this chapter also applies to them .


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in good time and at all events prior to the conclusion of the distance or off - premises contract , the trader shall communicate to the consumer the following information in a clear and intelligible manner :


### if the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off - premises contract , the withdrawal period should be extended . however , in order to ensure legal certainty over time , a three - month limitation period should be introduced , provided that the trader has fully performed his contractual obligations . the trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer . ### if the trader has not informed the consumer whether or not he has the right of withdrawal prior to the conclusion of a distance or off - premises contract , the withdrawal period should be extended by 12 months .


### member states shall ensure that contract terms , as set out in the list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure that contract terms , as set out in the list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . ### in the case of a distance or off - premises contract for the supply of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered . in the case of the supply of goods in several parts or pieces , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece .


### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited by consumers . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of consumer information and the right of withdrawal in distance and off - premises contracts will contribute to the better functioning of the business to consumer internal market . ### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of certain aspects of consumer information and of the right of withdrawal in distance and off - premises contracts will contribute to a high level of consumer protection and better functioning of the business to consumer internal market .


### the risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties , if the consumer or a third party , other than the carrier and indicated by the consumer has failed to take reasonable steps to acquire the material possession of the goods . ### the risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties , if the consumer or a third party , other than the carrier and indicated by the consumer has manifestly failed to take reasonable steps to acquire the material possession of the goods .


### the existence and the conditions of after - sales services and commercial guarantees , where applicable ; ### in addition to a reminder of the existence of a legal guarantee of conformity for goods , the existence and the conditions of after - sales services and commercial guarantees , where applicable ;


### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . ### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within seven days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself .


### with respect to off - premises contracts , the information provided for in article 9 shall be given in the order form in plain and intelligible language and be legible . the order form shall include the standard withdrawal form set out in annex i . ### in good time and at any event before the conclusion of the off - premises contract , the information referred to in article 5 shall be supplied to the consumer on a durable medium in plain and intelligible language and be legible . the information supplied shall include the standard withdrawal form provided for in annex i . the consumer shall choose the durable medium on which the information is set out and shall at any event have the option of requesting a paper document .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . ### in the case of a distance or off - premises contract for the supply of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered . where goods are supplied in more than one delivery , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of the first partial shipment .


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### where delivery does not take place within seven days of the established delivery date , as indicated in paragraph 1 , the consumer shall be entitled to rescind the contract and claim a refund of any sums paid under the contract . the contract shall be deemed to be terminated on the date the trader receives a letter from the consumer informing him of his decision , if the delivery has not taken place in the meantime . the trader shall be required to reimburse all sums paid under the contract as soon as possible , and no more than seven days after receiving the letter rescinding the contract .


### ' ancillary contract ' means a contract by which the consumer acquires goods or services related to a distance contract or an off - premises contract and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader . ### ' ancillary contract ' means a contract by which the consumer acquires goods or services related to a distance contract or an off - premises contract concluded as a principal contract and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader .


### an off - premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper , receives a copy of the order form on another durable medium . ### an off - premises contract shall be valid only if the consumer signs the order form .


### for sales contracts , the trader may withhold the reimbursement until he has received or collected the goods back , or the consumer has supplied evidence of having sent back the goods , whichever is the earliest . ### for contracts for the sales of goods , the trader may withhold the reimbursement until he has received or collected the goods back , or the consumer has supplied evidence of having sent back the goods , whichever is the earliest , unless the trader has offered to fetch the goods himself .


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if the trader makes a telephone call to the consumer with a view to concluding a distance contract : - he shall disclose his identity - and where appropriate the identity of the person on whose behalf he is making the call - and the commercial purpose of the call at the beginning of the telephone conversation ; - he shall send the consumer a confirmation of his offer , in writing or on a durable medium , including the information referred to in article 5 ; - the consumer shall not be bound by the contract unless or until he has signed it .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 5 shall be given or made available to the consumer in time for the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used .


### they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model ; ### comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model ;


### in respect of distance contracts , the right of withdrawal shall not apply as regards the following : ### in respect of distance and off - premises contracts , the right of withdrawal shall not apply as regards the following :


### with respect to off - premises contracts , the information provided for in article 9 shall be given in the order form in plain and intelligible language and be legible . the order form shall include the standard withdrawal form set out in annex i . ### with respect to off - premises contracts , the information provided for in article 5 shall be supplied to the consumer in the order form . such information shall be legible and worded in plain and intelligible language . the order form shall include the standard withdrawal form set out in annex i . it shall be forwarded to the consumer in good time , and at any event before the conclusion of the off - premises contract . where the order form is not on paper , the consumer shall receive a copy of the order form on another durable medium of his choice . accordingly the consumer shall in any event have the option of requesting a paper document .


### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . ### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least , on that particular medium prior to the conclusion of such a contract , the information regarding the main characteristics of the product or service , the total price , the duration of the contract and , if the contract is open - ended , the conditions for terminating the contract referred to in article 5 , and . the other information referred to in article 5 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . . ### the trader shall reimburse all payments received from the consumer without delay and at the latest fourteen days from the day on which he receives the communication of withdrawal .


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 .


### market stalls and fair stands where the trader carries on his activity on a regular or temporary basis ; ### market stalls where the trader carries on his activity on a regular or temporary basis ;


### these disparities create significant internal market barriers affecting business and consumers . they increase compliance costs to business wishing to engage in cross border sale of goods or provision of services . fragmentation also undermines consumer confidence in the internal market . the negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the community . this problem is particularly acute in the light of new market developments . ### certain disparities in the member states’ legislation in the field of consumer contracts , particularly contracts concluded at a distance or away from business premises , create significant internal market barriers affecting business and consumers . they increase compliance costs to business wishing to engage in cross border sale of goods or provision of services . inappropriate fragmentation also undermines consumer confidence in the internal market .


### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited by consumers . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of consumer information and the right of withdrawal in distance and off - premises contracts will contribute to the better functioning of the business to consumer internal market . ### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of certain aspects of consumer information and of the right of withdrawal in distance and off - premises contracts will contribute to a high level of consumer protection and better functioning of the business to consumer internal market .


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 13 and 42 , the consequences of any breach of article 5 shall be determined in accordance with the applicable national law . member states shall provide for effective remedies for any breach of article 5 .


### member states shall ensure that contract terms , as set out in the list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure that contract terms , as set out in the non - exhaustive list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states . member states may adopt , or maintain in force , contract terms in addition to that list .


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in time for the conclusion of any distance and off - premises contract , the trader or any person acting in his name or on his behalf shall provide the consumer with the following information in a clear and intelligible manner and with regard for the principles of good faith :


### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting primarily for purposes which are not related to his trade , business , craft or profession . member states may extend the scope of the rules laid down in this directive to cover natural or legal persons who are not consumers within the meaning of this directive .


### ' commercial guarantee ' means any undertaking by the trader or producer to the consumer to reimburse the price paid or to replace , repair or service goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ; ### ' commercial guarantee ' ' commercial guarantee ' means any undertaking by the trader or producer to the consumer , in addition to his legal obligations relating to the guarantee of conformity , to reimburse the price paid or to replace , repair or service goods in any way if they do not meet the specifications or any other requirement not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ;


### consumer information ### consumer information and withdrawal right for distance and off - premises contracts


### ' public auction ' means a method of sale where goods are offered by the trader to consumers , who attend or are given the possibility to attend the auction in person , through a competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goods ; ### ' public auction ' means a method of sale where a third party , acting as the trader ' s agent , offers goods or services to consumers , who attend or are given the possibility to attend the auction in person , through a transparent competitive bidding procedure . the third party acting as agent intervenes in the conclusion of the sales or service contract by knocking down the goods or services to the highest bidder on completion of the procedure .


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the price inclusive of taxes , unless the nature of the product or fluctuations on the market , for example for raw materials , mean that the price cannot reasonably be calculated in advance , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ;


### ' service contract ' means any contract other than a sales contract whereby a service is provided by the trader to the consumer ; ### ' service contract ' means any contract for the provision of a service by a trader to a consumer ;


### the duration of the contract where applicable or if the contract is open - ended , the conditions for terminating the contract ; ### the duration of the contract where applicable or if the contract is open - ended or to be extended automatically , the conditions for terminating the contract ;


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in good time and at all events prior to the conclusion of the distance or off - premises contract , the trader shall communicate to the consumer the following information in a clear and precise manner and in comprehensible language :


### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be deemed unfair unless the trader proves otherwise . these same lists should apply in all member states . ### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two non - exhaustive lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be presumed to be unfair unless the trader proves otherwise .


### unless the parties have agreed otherwise , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , within a maximum of thirty days from the day of the conclusion of the contract . ### the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , on the day agreed between the trader and the consumer , within a maximum of thirty days from the day of the conclusion of the contract .


### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , which allows him to ascertain the nature and functioning of the goods . ### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , so that , until the expiration of the withdrawal period and in accordance with the principles of good faith , he can ascertain the nature , quality and functioning of the goods .


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if the trader makes a telephone call to the consumer with a view to concluding a distance contract : - he shall disclose his identity - and where appropriate the identity of the person on whose behalf he is making the call - and the commercial purpose of the call at the beginning of the telephone conversation ; - he shall send the consumer a confirmation of his offer , in writing or on a durable medium , including the information referred to in article 5 ; - the consumer shall not be bound by the contract unless or until he has signed it .


### the arrangements for payment , delivery , performance and the complaint handling policy , if they depart from the requirements of professional diligence ; ### the arrangements for payment , delivery and performance ;


### legal rights of the consumer , as provided for in article 26 and a clear statement that those rights are not affected by the commercial guarantee , ### legal rights of the consumer both under the national legislation in force and as provided for in article 26 , and a clear statement that those rights are not affected by the commercial guarantee ,


### when the trader has either refused or has more than once failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies . the trader ' s refusal can be either explicit or implicit , meaning in the latter case that the trader does not respond or ignores the consumer ' s request to remedy the lack of conformity . ### if the remedy chosen for the lack of conformity is repair or replacement , it should be made clear in which cases the consumer can nevertheless seek the cancellation of the contract or a reduction in the price .


### member states shall ensure that contract terms , as set out in the list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure that contract terms , as set out in the non - exhaustive list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 . member states may adopt , or maintain in force , contracts terms in addition to that list .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer in good time before the consumer is bound by any distance contract or corresponding offer , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used .


### some traders or producers offer consumers commercial guarantees . in order to ensure that consumers are not misled , the commercial guarantees should include certain information , including their duration , territorial scope and a statement that the commercial guarantee does not affect the consumer ' s legal rights . ### some traders or producers offer consumers commercial guarantees . in order to ensure that consumers are not misled , the commercial guarantees should include certain information , including their duration , territorial scope and a statement that the commercial guarantee does not affect the consumer ' s legal rights under the national provisions in force and those laid down by this directive .


### any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances , or ### concluded away from business premises with the simultaneous physical presence of the trader and the consumer in one of the following situations , or for which an offer was made by the consumer in the same circumstances :


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the final price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; if applicable the percentage of the price that is due to private copying levy on equipment or blank media . in case of an open - ended contract , the final price shall mean the total monthly costs .


### member states shall ensure that contract terms , as set out in the list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure the contract terms set out in the non - exhaustive list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 .


### full harmonisation ### degree of harmonisation


### they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted ; ### be fit for any particular purpose for which the consumer requires them and which was made known to the trader at the time of the conclusion of the contract and which the trader has accepted ;


### furthermore , in case of distance contracts for the provision of services , for which the performance begins during the withdrawal period , it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part . therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement . ### furthermore , in case of distance or off - premises contracts for the provision of services , for which the performance begins during the withdrawal period , it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part . the consumer loses his right of withdrawal when performance begins with his prior express agreement , provided that it is a case of informed consent , ie that the consumer has been informed of the consequences of this decision in terms of losing his right of withdrawal .


### ' sales contract ' means any contract for the sale of goods by the trader to the consumer including any mixed - purpose contract having as its object both goods and services ; ### ' sales contract ' means any contract for the transfer of ownership of goods , either immediately on conclusion of the contract or at a later date , by means of which the trader undertakes to deliver the goods to the consumer , with the latter undertaking to pay the relevant price ;


### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited by consumers . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of consumer information and the right of withdrawal in distance and off - premises contracts will contribute to the better functioning of the business to consumer internal market . ### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of certain aspects of consumer information and of the right of withdrawal in distance and off - premises contracts will contribute to a high level of consumer protection and better functioning of the business to consumer internal market .


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in good time and at all events prior to the conclusion of the distance or off - premises contract , the trader shall communicate to the consumer the following information in a clear and intelligible manner :


### the information referred to in paragraph 1 shall form an integral part of the sales or service contract . ### the information referred to in paragraph 1 shall be an integral part of the sales or service contract and has the appearance of a standard form that will be available in all member states .


### business premises should include premises in whatever form which serve as a permanent place of business for the trader . market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises . ### business premises should include premises in whatever form which serve as a permanent place of business for the trader . market stalls should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises .


### these disparities create significant internal market barriers affecting business and consumers . they increase compliance costs to business wishing to engage in cross border sale of goods or provision of services . fragmentation also undermines consumer confidence in the internal market . the negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the community . this problem is particularly acute in the light of new market developments . ### certain disparities in the member states’ legislation in the field of consumer contracts , particularly contracts concluded at a distance or away from business premises , create significant internal market barriers affecting business and consumers . they increase compliance costs to business wishing to engage in cross border sale of goods or provision of services . inappropriate fragmentation also undermines consumer confidence in the internal market .


### the union mrv system should also cover other climate relevant information allowing for the determination of ships ' efficiency or further analyse the drivers for the development of emissions . this scope also aligns the union mrv system with international initiatives to introduce efficiency standards for existing ships , also covering operational measures , and contributes to the removal of market barriers related to the lack of information . ### the union mrv system should allow the determination of ships ' efficiency or further analyse the drivers for the development of emissions . this scope also aligns the union mrv system with international initiatives to introduce efficiency standards for existing ships , also covering operational measures , and contributes to the removal of market barriers related to the lack of information .


### this regulation lays down rules for the accurate monitoring , reporting and verification of carbon dioxide emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of co2 emissions from maritime transport in a cost effective manner . ### this regulation lays down rules for the accurate monitoring , reporting and verification of carbon dioxide emissions from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of co2 emissions from maritime transport in a cost effective manner .


### from 1 january 2018 , companies shall , based on the monitoring plan approved in accordance with article 13 , monitor emissions for each ship on a per - voyage and an annual basis by applying the appropriate method among those set out in part b of annex i and by calculating emissions in accordance with part a of annex i ### from 1 january 2018 , companies shall , based on the monitoring plan approved in accordance with article 13 , monitor emissions for each ship on an annual basis by applying the appropriate method among those set out in part b of annex i and by calculating emissions in accordance with part a of annex i ;


### access decisions and mutually agreed terms , where applicable ; ### access permits and mutually agreed terms , where applicable ;


### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol significantly expands the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources . ### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol further details the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources .


### obtain a proper access permit , establish mutually agreed terms , or discontinue the use where it appears that access was not in accordance with applicable access and benefit - sharing legislation or regulatory requirements . ### obtain a proper access permit and establish mutually agreed terms where it appears that access was not in accordance with applicable access and benefit - sharing legislation or regulatory requirements .


### the checks referred to in paragraph 1 shall include at least : ### the checks referred to in paragraph 1 shall include :


### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources . ### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for specific sectors , public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources .


### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . therefore , only minimum features of due diligence measures should be set out . the specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct , model contractual clauses , and guidelines with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation . ### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union not all users must be obliged to take the same measures for exercising due diligence . this is the case in particular for subsequent users where the due diligence obligation should only apply in the case such users access and use genetic resources in the form as originally accessed by the initial user . the obligation on users to keep information relevant for access and benefit - sharing , in particular documented proof that benefit - sharing obligations have been fully and legally carried out , should be limited in time , consistent with the time - span for an eventual innovation .


### the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources ; ### the source from which the resources or the knowledge were directly obtained ;


### the commission should review the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should consider the possibility of revising the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market . ### although land - use change emissions are a recognised phenomenon , no objective and harmonised procedures yet exist to measure them . the commission should therefore review regularly the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should consider the possibility of revising the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market . in order to increase legal security regarding investment in biofuel production , the commission should establish an objective and harmonised methodology for estimating land - use change emission factors .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by setting a separate target of at least 2 , 5% for advanced biofuels within the 10% target of consumption of energy from renewable sources for transport as established in directive 2009 / 28 / ec . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . in such a framework the target of 2 , 5% for advanced biofuels should be increased to 5% as of 1 january 2021 . however , to avoid market distortions and fraud related to the production of advanced biofuels , the latter should also comply with the relevant sustainability criteria as for conventional biofuels .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes , residues and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets it is appropriate , therefore , to encourage research and development in sectors related to advanced biofuels and the increased production thereof as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided , such as a 2% minimum objective in respect of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . however , existing investments in first generation fuels should not be penalised and , in order to avoid distorting competition , advanced biofuels should be subject to the same sustainability criteria as other biofuels .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in : limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids ; b ) encouraging research and development into new production pathways for advanced biofuels , which do not compete with crops intended for human or animal consumption . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec .


### the minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1st july 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance . this increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph . ### the minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1st july 2014 in order to improve their overall greenhouse gas balance as well as encouraging further investments in installations with high greenhouse gas savings performance . a 50% minimum threshold provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph .


### the minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1st july 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance . this increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph . ### the minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1st july 2014 in order to improve their overall greenhouse gas balance as well as encouraging investments in installations with high greenhouse gas savings performance . this increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to enable procurers to make better use of public procurement in support of sustainable development and other common societal goals , thereby increasing the efficiency of public spending by ensuring best value for money , and to facilitate in particular the participation of small and medium - sized enterprises in public procurement . there is also a need to simplify the directives , particularly with regard to how sustainability objectives can be incorporated into public procurement , and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to enable procurers to make better use of public procurement in support of sustainable development and other common societal goals , thereby increasing the efficiency of public spending while ensuring the best possible outcome in cost - benefit ratio terms and facilitating in particular the participation of small and medium - sized enterprises in public procurement . there is also a need to simplify union public procurement rules , particularly with regard to the method to be used to attain the sustainability objectives , which should be included in public procurement policy , and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a reasonably diligent search for the rightholder has been carried out in good faith and recorded in accordance with article 3 .


### a diligent search is required to be carried out only in the member state of first publication or broadcast . ### a diligent search is required to be carried out only in the member state of first publication , broadcast or other form of communication to the public . where the first publication , broadcast or other form of communication to the public took place simultaneously in two or more member states , the diligent search shall be carried out in all those member states .


### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works by the organisations referred to in this directive is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan - european level and consultation thereof through a single entry point . ### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . in order to avoid duplication of search efforts , a diligent search should be conducted only in the member state where the work was first published or broadcast . moreover , in order to avoid duplication of costly digitisation and to ascertain whether the orphan status of a work has been established in another member state , member states should ensure that the results of diligent searches carried out in their territories and the use of orphan works by the organisations referred to in this directive are recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results , available free of charge , and use of orphan works should be designed and implemented so as to permit interlinkage and interoperability with each other on a pan - european level and consultation thereof through a single entry point .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the real possibility of putting an end to the orphan status in a speedy , uniform and cost - effective manner , in the member state of his choice .


### this directive should be without prejudice to existing arrangements in the member states concerning the management of rights such as extended collective licences . ### this directive should be without prejudice to existing and future arrangements in the member states concerning the management of rights such as extended collective licences .


### member states should also be allowed to permit the use of orphan works for purposes which go beyond the public interest missions of the organisations covered by this directive . in such circumstances , the rights and legitimate interests of rightholders should be protected . ### member states should also be allowed to permit the use of orphan works for purposes which go beyond the public interest missions of the organisations covered by this directive .


### with regard to receiver manufacture and security , security requirements make it necessary for this task to be entrusted only to a member state which has access to the prs or to undertakings established on the territory of a member state which has access to the prs . furthermore , the receiver manufacturer must have been duly authorised in advance by the european gnss agency established by means of regulation no xxx / 20109 and must comply with the rules laid down by its internal approval authority . it is the responsibility of the competent prs authorities to continuously monitor compliance both with the approval standards issued by the approval authority and with specific technical requirements stemming from the minimum common standards . ### with regard to receiver manufacture and security , security requirements make it necessary for this task to be entrusted only to a member state which has designated a competent prs authority or to undertakings established on the territory of a member state which has designated a competent prs authority . furthermore , the receiver manufacturer must have been duly authorised in advance by the european gnss agency established by means of regulation no xxx / 20109 and must comply with the rules laid down by its internal approval authority . it is the responsibility of the competent prs authorities to continuously monitor compliance both with the approval standards issued by the approval authority and with specific technical requirements stemming from the minimum common standards .


### any member state which uses the prs may either manufacture prs receivers and the associated security modules itself , or else assign the task to undertakings established on the territory of a member state which uses the prs . the council or the commission may assign the task of manufacturing prs receivers and the associated security modules to a member state which uses the prs , or to undertakings established on the territory of a member state which uses the prs . ### any member state which has designated a competent prs authority may either manufacture prs receivers and the associated security modules itself , or else assign the task to undertakings established on the territory of a member state which has designated a competent prs authority . the council or the commission may assign the task of manufacturing prs receivers and the associated security modules to a member state which has designated a competent prs authority , or to undertakings established on the territory of a member state which has designated a competent prs authority .


### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective accredited sex offender treatment programmes are made available or measures put in place with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these accredited sex offender treatment programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . member states shall offer counselling and advice programmes to support the male or female perpetrator ' s immediate family .


### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective accredited sex offender treatment programmes are made available or measures put in place with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these accredited sex offender treatment programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , in accordance with the conditions laid down in national law . member states shall offer counselling and advice programmes to support the perpetrator ' s immediate family .


### when establishing and applying the remuneration policies for those categories of staff whose professional activities have a material impact on their risk profile , credit institutions shall comply with the following principles in a way that is appropriate to their size , internal organisation and the nature , the scope and the complexity of their activities : ### when establishing and applying the total remuneration policies , inclusive of salaries and pensions , for categories of staff including senior management , risk takers and control functions , and any employee receiving total remuneration that takes them into the same remuneration bracket as those categories of staff , and whose professional activities have a material impact on their risk profile , credit institutions shall comply with the following principles in a way that is appropriate to their size , internal organisation and the nature , the scope and the complexity of their activities :


### a 10 - day holding period ; ### a 10 - day equivalent holding period ;


### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm . ### a substantial proportion of the variable remuneration component is deferred over a sufficient period ; the size of the deferred proportion and the length of the deferral period is established in accordance with the business cycle , the nature of the business , its risks and the activities of the member of staff in question ; remuneration payable under deferral arrangements vests no faster than on a pro - rata basis ; at least 40&#160 ; % of the variable remuneration component is deferred ; iin the case of a variable remuneration component of a particularly high amount at least 60&#160 ; % of the amount is deferred and the deferral period is no less than three years ;


### for the purposes of point 10b and 10b , the multiplication factor shall be increased by a plus - factor of between 0 and 1 in accordance with table 1 , depending on the number of overshootings for the most recent 250 business days as evidenced by the institution ' s back - testing of the value - at - risk measure as set out in point 10 . competent authorities shall require the institutions to calculate overshootings consistently on the basis of back - testing on hypothetical changes in the portfolio ' s value . an overshooting is a one - day change in the portfolio ' s value that exceeds the related one - day value - at - risk measure generated by the institution ' s model . for the purpose of determining the plus - factor the number of overshootings shall be assessed at least quarterly . ### for the purposes of point 10b and 10b , the multiplication factor shall be increased by a plus - factor of between 0 and 1 in accordance with table 1 , depending on the number of overshootings for the most recent 250 business days as evidenced by the institution ' s back - testing of the value - at - risk measure as set out in point 10b . competent authorities shall require the institutions to calculate overshootings consistently on the basis of back - testing on hypothetical changes in the portfolio ' s value . an overshooting is a one - day change in the portfolio ' s value that exceeds the related one - day value - at - risk measure generated by the institution ' s model . for the purpose of determining the plus - factor the number of overshootings shall be assessed at least quarterly .


### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . ### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals or moral hazard and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review .


### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . ### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner and should cover all aspects of remuneration including salaries and pensions . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals or moral hazard and is aligned with the risk appetite , values and long - term interests of the institution while having due regard to their size , internal organisation and the nature , scope and complexity of their activities . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review .


### paragraph 1 shall apply in respect of positions in new re - securitisations issued after 31 december 2010 . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 31 december 2014 where new underlying exposures are added or substituted after that date . ' ### paragraph 1 shall apply in respect of positions in new re - securitisations issued after [ . . . ] . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 1 january 2014 where new underlying exposures are added or substituted after that date .


### in order to address the potentially detrimental effect of poorly designed remuneration structures on the sound management of risk and control of risk - taking behaviour by individuals , the requirements of directive 2006 / 48 / ec should be supplemented by an express obligation for credit institutions and investment firms to establish and maintain , for those categories of staff whose professional activities have a material impact on their risk profile , remuneration policies and practices that are consistent with effective risk management . ### in order to address the potentially detrimental effect of poorly designed remuneration structures on the sound management of risk and control of risk - taking behaviour by individuals , the requirements of directive 2006 / 48 / ec should be supplemented by an express obligation for credit institutions and investment firms to establish and maintain , for those categories of staff whose professional activities have a material impact on their risk profile , remuneration policies and practices that are consistent with effective risk management . those categories of staff should include at least senior management , risk takers and control functions , and any employee whose total remuneration , including pension provisions , takes them into the same remuneration bracket .