### for the purpose of simplification , administrative burden should be reduced for all parties . double audits and disproportionate documentation and reporting should be avoided . when audits are conducted , the specificities of the national programmes should be taken into account , as appropriate . ### for the purpose of simplification , administrative burden should be strictly proportionate to the foreseen effects for all parties . double audits and disproportionate documentation and reporting should be avoided . harmonised methodology for data collection from the participating states should be set . when audits are conducted , the specificities of the national programmes should be taken into account , as appropriate .


### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream . ### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision including reuse and treatment of waste water and agro - food systems as well as minimization of food losses and agro - food waste in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heat maps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heat maps ; a graphical representation of data using colours to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . the further processing of metadata for purposes other than those for which they were initially collected should only be allowed in cases where the processing is compatible with the initial purpose for which consent was obtained and is subject to specific safeguards , especially pseudonymisation as set forth in point of article 6 of regulation 2016 / 679 .


### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any interference with the content of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the end - users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . given the sensitivity of the content of communications , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always consult the supervisory authority prior to the processing . such consultation should be in accordance with article 36 and of regulation 2016 / 679 . the presumption does not encompass the processing of content data to provide a service requested by the end - user where the end - user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service . after electronic communications content has been sent by the end - user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by a third party entrusted by them to record or store such data . any processing of such data must comply with regulation 2016 / 679 . ### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any interference with the content of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the end - users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . for services that are provided to users engaged in purely personal or household activities , for example text to voice service , organisation of the mailbox or spam filter service , the consent of the end - user requesting the service should be sufficient . given the sensitivity of the content of communications , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always consult the supervisory authority prior to the processing . such consultation should be in accordance with article 36 and of regulation 2016 / 679 . the presumption does not encompass the processing of content data to provide a service requested by the end - user where the end - user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service . after electronic communications content has been sent by the end - user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by a third party entrusted by them to record or store such data . any processing of such data must comply with regulation 2016 / 679 . where communications data are stored by a third party , this third party should ensure that any information whose processing is not necessary to provide the service requested by the end - user is protected with state of the art security measures applied from end to end , including cryptographic methods such as encryption .


### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage of third party tracking cookies , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select ‘ accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer , including the compilation of long - term records of individuals’ browsing histories and the use of such records to send targeted advertising . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites party cookies are always or never allowed . ### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage or reading of tracking cookies for commercial purposes or for direct marketing for non - commercial purposes , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select ‘ accept tracking cookies for commercial purposes or for direct marketing for non - commercial purposes’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , before the first use , end - users are informed about the privacy by default settings and the possibility to change the privacy settings to other options . information provided should not dissuade end - users from maintaining high privacy settings and should include relevant information about the risks associated to allowing the different types of cookies or other tracking mechanisms , to be stored in , or read from , the app or device , including the compilation of long - term records of individuals’ browsing histories , the use of location data , the use of personal data by third parties and the use of such records to send targeted advertising . web browsers should provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites certain categories of cookies are always or never allowed .


### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage of third party tracking cookies , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select ‘ accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer , including the compilation of long - term records of individuals ' browsing histories and the use of such records to send targeted advertising . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites party cookies are always or never allowed . ### for web browsers or other applications to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of tracking cookies or other tracking mechanisms in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select cookies or trackers that process data beyond what is necessary for the service to function to confirm their agreement , after they have been provided with different options and have been given the necessary information to make the choice . such information should include the possible impact on the customer experience or on the end - user’s ability to access all the functionalities of the website . consent should not be valid for cross - device tracking if the end - user was not informed and is not able to opt out . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing tracking cookies or other tracking mechanisms to be stored in the computer , including the compilation of long - term records of individuals ' browsing histories and the use of such records to send targeted advertising . web browsers or other applications should provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain parties or cookies that are always or never allowed . where a business model is based on targeted advertising , consent should not be considered as freely given if access to the service is made conditional on data processing . in such cases , the end - user should be provided with other fair and reasonable options that do not process his or her communications data , such as i . e . subscription , paid access , or limited access to parts of the service .


### accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network . furthermore , devices must have a unique address assigned in order to be identifiable on that network . wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a mac address , the imei , the imsi etc . a single wireless base station , such as a wireless access point , has a specific range within which such information may be captured . service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities , including people counting , providing data on the number of people waiting in line , ascertaining the number of people in a specific area , etc . this information may be used for more intrusive purposes , such as to send commercial messages to end - users , for example when they enter stores , with personalized offers . while some of these functionalities do not entail high privacy risks , others do , for example , those involving the tracking of individuals over time , including repeated visits to specified locations . providers engaged in such practices should display prominent notices located on the edge of the area of coverage informing end - users prior to entering the defined area that the technology is in operation within a given perimeter , the purpose of the tracking , the person responsible for it and the existence of any measure the end - user of the terminal equipment can take to minimize or stop the collection . additional information should be provided where personal data are collected pursuant to article 13 of regulation 2016 / 679 . ### accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network . furthermore , devices must have a unique address assigned in order to be identifiable on that network . wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a mac address , the imei , the imsi etc . a single wireless base station , such as a wireless access point , has a specific range within which such information may be captured . service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities , including people counting , providing data on the number of people waiting in line , ascertaining the number of people in a specific area , etc . this information is sometimes being used for more intrusive purposes , such as to send commercial messages to end - users , for example when they enter stores , with personalized offers . while some of these functionalities do not entail high privacy risks , others do , for example , those involving the tracking of individuals over time , including repeated visits to specified locations . providers engaged in statistical counting should display prominent notices located on the edge of the area of coverage informing end - users prior to entering the defined area that the technology is in operation within a given perimeter , the purpose of the tracking , the person responsible for it and the existence of any measure the end - user of the terminal equipment can take to minimize or stop the collection . consent is needed for any other type of data collection using the scanning of equipment , after informing the end - user pursuant to article 13 of regulation 2016 / 679 .


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard national security , defence , public security , and the prevention , investigation , detection and prosecution of criminal offences or of unauthorised use of the electronic communications system . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 .


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation is without prejudice to the possibility for the union or member states under specific conditions set out in this regulation to restrict by law certain obligations and rights , when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , following a court order and in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 .


### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that end - users that are natural persons are asked for consent before their personal data are included in a directory . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory . ### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that end - users that are natural persons are asked for consent before their personal data are included in a directory . to allow for a transition in cases where end - users’ information has been included in such a directory without consent , where acquiring consent would lay an unreasonable burden on the directory or the originating service provider , consent should only be required for new subscribers from the moment of application of this regulation . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory .


### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user’s contact details can be searched should not necessarily be the same . ### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which specific directory may include their information , the categories of personal data to be included in each of the respective directories . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user’s contact details can be searched should not necessarily be the same .


### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; ### ‘ electronic communications metadata’ means all data processed for the purpose of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ;


### providers of electronic communications networks and services may process electronic communications data if : ### providers of electronic communications networks and services may process electronic communications data only&#160 ; if :


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to point of article 6 and points , and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a party , which could be the provider of the electronic communication service , specifically entrusted by the end - user to record , store or otherwise process such data . the end - user may further process the content in accordance with regulation 2016 / 679 , if applicable .


### where a natural or legal person obtains electronic contact details for e - mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services for a period of no more than 12 months only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the customer shall be informed about the right to object and shall be given an easy way to exercise it at the time of collection and each time a message is sent .


### without prejudice to any other administrative or judicial remedy , every end - user of electronic communications services shall have the same remedies provided for in articles 77 , 78 , and 79 of regulation 2016 / 679 . ### without prejudice to any other administrative or judicial remedy , every end - user of electronic communications services and , where applicable , every body , organization or association , shall have the same remedies provided for in articles 77 , 78 , &#160 ; 79 and 80&#160 ; of regulation 2016 / 679 .


### evaluations have underlined that the variety of financial instruments delivered under the 2014 - 2020 multiannual financial framework period has led to some overlaps . that variety has also produced complexity for intermediaries and final recipients who were confronted with different eligibility and reporting rules . absence of compatible rules also hampered the combination of several union funds although such combination would have been beneficial to support projects in need of different types of funding . therefore , a single fund , the investeu fund , should be set up in order to achieve a more efficiently functioning support to final recipients by integrating and simplifying the financial offer under a single budgetary guarantee scheme , thereby improving the impact of union intervention while reducing the cost to the union budget . ### evaluations have underlined that the variety of financial instruments delivered under the 2014 - 2020 multiannual financial framework period has led to some overlaps . that variety has also produced complexity for intermediaries and final recipients who were confronted with different eligibility and reporting rules , thus acting as a further disincentive for investments . absence of compatible rules also hampered the combination of several union funds although such combination would have been beneficial to support projects in need of different types of funding . therefore , a single fund , the investeu fund , should be set up in order to achieve a more efficiently functioning support to final recipients by integrating and simplifying the financial offer under a single budgetary guarantee scheme , thereby improving the impact of union intervention while reducing the cost to the union budget .


### in the last years , the union has adopted ambitious strategies to complete the single market and to stimulate sustainable growth and jobs , such as the capital markets union , the digital single market strategy , the clean energy for all europeans package , the union action plan for the circular economy , the low - emission mobility strategy , the defence and the space strategy for europe . the investeu fund should exploit and reinforce synergies between those mutually reinforcing strategies through providing support to investment and access to financing . ### in the last years , the union has followed ambitious strategies to complete the single market and to stimulate sustainable growth and jobs , such as the capital markets union , the digital single market strategy , the clean energy for all europeans package , the establishment of the connecting europe facility , the union action plan for the circular economy , the low - emission mobility strategy , the defence and the space strategy for europe . the investeu fund should exploit and reinforce synergies between those mutually reinforcing strategies through providing support to investment and access to financing .


### the investeu fund should contribute to improving the competitiveness of the union , including in the field of innovation and digitisation , the sustainability of the union ' s economic growth , the social resilience and inclusiveness and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union . ### the investeu fund should contribute to improving the competitiveness of the union , including in the field of sustainable infrastructure , innovation and digitisation , the sustainability of the union ' s economic growth , the social resilience and inclusiveness and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union .


### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , and thereby contributing to improved well - being and fairer income distribution in the union . intervention through the investeu fund should complement union support delivered through grants . ### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , and thereby contributing to improved well - being and fairer income distribution in the union . intervention through the investeu fund should complement , whenever necessary , union support delivered through grants .


### each policy window should be composed of two compartments , that is to say an eu compartment and a member state compartment . the eu compartment should address union - wide market failures or sub - optimal investment situations in a proportionate manner ; supported actions should have a clear european added value . the member state compartment should give member states the possibility to contribute a share of their resources of funds under shared management to the provisioning of the eu guarantee to use the eu guarantee for financing or investment operations to address specific market failures or sub - optimal investment situations in their own territory , including in vulnerable and remote areas such as the outermost regions of the union , to deliver objectives of the fund under shared management . actions supported from the investeu fund through either eu or member state compartments should not duplicate or crowd out private financing or distort competition in the internal market . ### each policy window should be composed of two compartments , that is to say an eu compartment and a member state compartment . the eu compartment should address union - wide market failures , particularly in the case of cross - border projects , or sub - optimal investment situations in a proportionate manner ; supported actions should have a clear european added value . the member state compartment should give member states the possibility to contribute a share of their resources of funds under shared management to the provisioning of the eu guarantee to use the eu guarantee for financing or investment operations to address specific market failures or sub - optimal investment situations in their own territory , including in vulnerable and remote areas such as the outermost regions of the union , to deliver objectives of the fund under shared management . actions supported from the investeu fund through either eu or member state compartments should not duplicate or crowd out private financing or distort competition in the internal market .


### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . the investeu fund should be provided with a specific governance structure to ensure the appropriate use of the eu guarantee . ### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . the investeu fund should be provided with a specific governance structure to ensure balanced use of the eu guarantee .


### in order to ensure that interventions under the eu compartment of the investeu fund focus on market failures and sub - optimal investment situations at union level , but , at the same time , satisfy the objectives of best possible geographic outreach , the eu guarantee should be allocated to implementing partners , which alone or together with other implementing partners , can cover at least three member states . however , it is expected that around 75 % of the eu guarantee under the eu compartment would be allocated to implementing partner or partners that can offer financial products under the investeu fund in all member states . ### in order to ensure that interventions under the eu compartment of the investeu fund focus on market failures and sub - optimal investment situations at union level , but , at the same time , satisfy the objectives of best possible geographic outreach , the eu guarantee should be allocated to implementing partners , which alone or together with other implementing partners , can cover at least two member states . however , it is expected that around 75 % of the eu guarantee under the eu compartment would be allocated to implementing partner or partners that can offer financial products under the investeu fund in all member states .


### the investeu fund should , where appropriate , allow for a smooth and efficient blending of grants or financial instruments , or both , funded by the union budget or by the eu emissions trading system innovation fund with that guarantee in situations where this is necessary to best underpin investments to address particular market failures or sub - optimal investment situations . ### the investeu fund should , where appropriate , allow for a smooth and efficient blending of grants or financial instruments , or both , funded by the union budget or any other ad hoc fund , such as the eu emissions trading system innovation fund with that guarantee in situations where this is necessary to best underpin investments to address particular market failures or sub - optimal investment situations .


### this regulation establishes the investeu fund providing for an eu guarantee for financing and investment operations carried out by the implementing partners in support of the union’s internal policies . ### this regulation establishes the investeu fund providing for an eu guarantee for financing and investment operations carried out by the implementing partners in support of the union’s internal policies and sets the terms governing relations with the various partners , under the scope of this regulation .


### the eu guarantee for the purposes of the eu compartment referred to in point of article 8 shall be eur 38 000 000 000 . it shall be provisioned at the rate of 40 % . ### the eu guarantee for the purposes of the eu compartment referred to in point of article 8 shall be eur 38 000 000 000 . it shall be provisioned at the rate of 40 % , that is to say eur 15 200 000 000 .


### the indicative distribution of the amount referred to in the first subparagraph of paragraph 1 is set out in annex i to this regulation . the commission may modify the amounts referred to in that annex i , where appropriate , by up to 15 % for each objective . it shall inform the european parliament and the council of any modification . ### the indicative distribution of the amount referred to in the first subparagraph of paragraph 1 is set out in annex i to this regulation . the commission may modify the amounts referred to in that annex i , where appropriate , by up to 20 % for each objective . it shall inform the european parliament and the council of any modification .


### acceding countries , candidate countries and potential candidates , in accordance with the general principles and general terms and conditions for their participation in union programmes established in the respective framework agreements and association council decisions , or similar agreements , and in accordance with the specific conditions laid down in agreements between the union and them ; ### acceding countries and candidate countries , in accordance with the general principles and general terms and conditions for their participation in union programmes established in the respective framework agreements and association council decisions , or similar agreements , and in accordance with the specific conditions laid down in agreements between the union and them ;


### cross - border projects between entities located or established in one or more member states and extending to one or more third countries , including acceding countries , candidate countries and potential candidates , countries covered by the european neighbourhood policy , the european economic area or the european free trade association , or to an overseas country or territory as set out in annex ii to the tfeu , or to an associated third country , whether or not there is a partner in those third countries or overseas countries or territories ; ### cross - border projects between entities located or established in one or more member&#160 ; states and extending to one or more third countries , including acceding countries and candidate countries , countries covered by the european neighbourhood policy , the european economic area or the european free trade association , or to an overseas country or territory as set out in annex ii to the tfeu , or to an associated third country , whether or not there is a partner in those third countries or overseas countries or territories ;


### the remuneration for risk - taking shall be allocated between the union and an implementing partner in proportion to their respective share in the risk - taking of a portfolio of financing and investment operations or , where relevant , of individual operations . the implementing partner shall have an appropriate exposure at its own risk to financing and investment operations supported by the eu guarantee , unless exceptionally the policy objectives targeted by the financial product to be implemented are of such nature that the implementing partner could not reasonably contribute its own risk - bearing capacity to it . ### the remuneration for risk - taking shall be allocated between the union and an implementing partner in proportion to their respective share in the risk - taking of a portfolio of financing and investment operations or , where relevant , of individual operations . the implementing partner shall have a balanced exposure at its own risk to financing and investment operations supported by the eu guarantee , and , therefore , to the first - loss guarantee , unless exceptionally the policy objectives targeted by the financial product to be implemented are of such nature that the implementing partner could not reasonably contribute its own risk - bearing capacity to it .


### the performance reporting system shall ensure that data for monitoring implementation and results are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on implementing partners and other recipients of union funds , as appropriate . ### the performance reporting system shall ensure that data for monitoring implementation and results are suitable for an in - depth analysis of the progress achieved and the difficulties encountered and are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on implementing partners and other recipients of union funds , as appropriate .


### evaluations shall be done in a timely manner to feed into the decision - making process . ### evaluations shall be done in a timely manner to feed into the decision - making process . the evaluations shall also provide for a qualitative assessment of the progress towards achieving the&#160 ; objectives set out in article 3 .


### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to exclude the effects of natural and country - specific characteristics . in the absence of the international review under the unfccc and the kyoto protocol , a review procedure should be established to ensure transparency and improve the quality of accounting in this category . ### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices that differ substantially between the member states . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to address the effects of natural and country - specific characteristics , such as the inability to manage forests in croatia due to the occupation of its territory , the croatian war of independence , and wartime and post - war circumstances . the relevant accounting rules should also provide for coherence and requirements for sustainable forest management of forest europe . in the absence of the international review under the unfccc and the kyoto protocol , a transparent procedure should be established for the member states to improve auditability and the quality of accounting in this category .


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting plan shall contain all the elements listed in annex iv , section b , including accounting rules that guarantee that emissions and removals from biomass are properly accounted for , and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall , by 31 december 2019 with a view to the period 2021 - 2025 , and by 31 december 2024 with a view to the period 2026 - 2030 , adopt delegated acts in accordance with article 14 to amend annex ii in the light of the assessment carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market . search costs are lower as they no longer need to collect information from individual suppliers and service providers . such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive . they should aim at including the broadest possible range of available offers , and at covering the market as completely as is feasible so as to give the customer a representative overview . . it is crucial that the information given on such tools be trustworthy , impartial and transparent . ### independent comparison tools including websites are an effective means for customers to assess the merits of different energy offers available on the market . search costs are lower as they no longer need to collect information from individual suppliers and service providers . such tools can provide the right balance between the need for information to be clear and concise and the need for it to be complete and comprehensive . they should aim at including the broadest possible range of available offers , and at covering the market as completely as is feasible so as to give the customer a representative overview . for offers of renewable energy , easily accessible and understandable information on suppliers , sources of renewable energy and guarantees of origin should be provided . these tools should also inform customers in a transparent manner if the energy comes from a non - renewable source . it is crucial that the information given on such tools be trustworthy , impartial and transparent .


### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated competitive , consumer - centered and flexible electricity markets in the union . using the advantages of an integrated market , the directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators . . ### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated , consumer - centered and flexible electricity markets in the union . it sets a common minimum level of interconnections for all member states . using the advantages of an integrated market , the directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators .


### ' non - household customer ' means a natural or legal person purchasing electricity which is not for their own household use and includes producers industrial customers , small and medium sized enterprises , businesses and wholesale customers ; ### ' non - household customer ' means a natural or legal person purchasing electricity which is not for their own household use and includes producers , public , commercial and industrial customers , small and medium sized enterprises , businesses and wholesale customers ;


### ‘ active customer’ means a customer or a group of jointly acting customers who consume , store or sell electricity generated on their premises , including through aggregators , or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity ; ### ' active customer ' means a customer or a group of jointly acting customers , including a multi - apartment block , a commercial , industrial , residential or shared services site , a closed distribution system , or a third party acting on their behalf , who consume , store or sell electricity generated on their premises , including through aggregators , or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity ;


### ' local energy community ' means : an association , a cooperative , a partnership , a non - profit organisation or other legal entity which is effectively controlled by local shareholders or members , generally value rather than profit - driven , involved in distributed generation and in performing activities of a distribution system operator , supplier or aggregator at local level , including across borders ; ### ' local energy community ' means : an association , a cooperative , a partnership , a non - profit organisation or other legal entity , which is based on open participation , is effectively controlled by local shareholders or members , whose predominant aim is to provide local community benefits rather than generate profits for its members , that carries out or is involved in at least one or more of the following activities of : distributed generation , storage , supply , energy efficiency service provider , aggregator , or distribution system operator , at local level , including across borders ;


### ‘ dynamic electricity price contract’ means an electricity supply contract between a supplier and a final customer that reflects the price at the spot market , including at the day ahead market at intervals at least equal to the market settlement frequency ; ### ' dynamic electricity price contract ' means an electricity supply contract between a supplier and a final customer that reflects wholesale price volatility


### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia and black start capability ; ### ' non - frequency ancillary service ' means a service used by a transmission or distribution system operator for steady state voltage control , fast reactive current injections , inertia for local grid stability , short - circuit current and black start capability ;


### members states shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings . ### members states shall ensure that no undue barriers exist for market entry and market exit of electricity generation , storage or electricity supply undertakings .


### member states shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per year . ### member states shall ensure that final customers are entitled to receive all relevant demand response data or data on supplied and sold electricity at least once per month .


### are entitled to generate , store , consume and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective ; ### are entitled to generate , store , consume , sell self - generated electricity in all organised markets either individually or through aggregators , as well as to participate in the ancillary services of the system and in the mechanisms of response to the demand , without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective ;


### the energy installation required for the activities of the active customer may be managed by a third party for installation , operation , including metering and maintenance . ### the energy installation required for the activities of the active customer may be owned or managed by a third party acting on behalf of a customer or a group of customers for installation , operation , including metering and maintenance .


### are entitled to own , establish , or lease community networks and to autonomously manage them ; ### are entitled to own , establish , or lease shared networks and to autonomously manage them ;


### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , distribution system operators or aggregators ; ### benefit from a non - discriminatory treatment with regard to their activities , rights and obligations as final customers , generators , suppliers , distribution system operators or aggregators ;


### article 8 applies to generating capacity installed by local energy communities as long as such capacity can be considered small decentralised or distributed generation ; ### article 8 applies to generating capacity installed by renewable energy communities , as a subcategory of local energy communities , as long as such capacity can be considered small decentralised or distributed generation ;


### member states ensure that final customers receive all their bills and billing information for electricity consumption free of charge and that bills are clear , accurate and easy to understand . ### member states ensure that final customers receive all their bills and billing information for electricity consumption free of charge and that bills are clear , accurate and easy to understand , with clear explanation and justification of all other costs and taxes included in the bills .


### each distribution system operator shall procure the energy it uses to cover energy losses and the non - frequency ancillary services in its system according to transparent , non - discriminatory and market based procedures , whenever it has such a function . unless justified by a cost - benefit analysis , the procurement of non - frequency ancillary services by a distribution system operator shall be transparent , non - discriminatory and market - based ensuring effective participation of all market participants including renewable energy sources , demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants . ### each distribution system operator shall procure the energy it uses to cover energy losses and the non - frequency ancillary services in its system according to transparent , non - discriminatory and market based procedures , whenever it has such a function . unless justified by a cost - benefit analysis , the procurement of non - frequency ancillary services by a distribution system operator shall be transparent , non - discriminatory , prioritizing generation from renewable sources and market - based ensuring effective participation of all market participants including renewable energy sources , demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or distribution system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants .


### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid . ### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the transmission or distribution networks . member states shall ensure that transmission system operators and distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid .


### managing electricity flows on the system , taking into account exchanges with other interconnected systems . to that end , the transmission system operator shall be responsible for ensuring a secure , reliable and efficient electricity system and , in that context , for ensuring the availability of all necessary ancillary services , including those provided by demand response and energy storage , insofar as such availability is independent from any other transmission system with which its system is interconnected ; ### managing electricity flows on the system , taking into account exchanges with other interconnected systems . to that end , the transmission system operator shall be responsible for ensuring a secure , reliable and efficient electricity system and , in that context , for ensuring the availability of all necessary ancillary services , including those provided by demand response and energy storage , and electric vehicles , insofar as such availability is independent from any other transmission system with which its system is interconnected ;


### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable . the transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in article 43 , but does not have to own the transmission system it is responsible for . the transmission system operator which owns the transmission system shall fulfil the requirements provided for in chapter vi and be certified in accordance with article 43 . ### member states may provide that one or several responsibilities listed under points to of paragraph 1 be assigned to a transmission system operator other than the one which owns the transmission system to which the concerned responsibilities would otherwise be applicable , subject to a formal and justified request from the transmission system operator willing to transfer any of its responsibilities and the approval of the concerned member states . the transmission system operator to which the tasks are assigned shall be certified as ownership unbundled and fulfil the requirements provided for in article 43 , but does not have to own the transmission system it is responsible for . the transmission system operator which owns the transmission system shall fulfil the requirements provided for in chapter vi and be certified in accordance with 43 .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure an increased and more accessible financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib .


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , regional and local authorities and private sector entities .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance . ### a number of barriers hinder the provision of online services which are offered by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance . the clearance of rights does not exist to a sufficient degree on a multi - platform and technology - neutral basis and therefore the potential of innovation and value that can be created from technological developments is limited . administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be included in the scope of this regulation if those services are able to ensure a controlled environment such as by providing access to the service in exchange for a fee or against consideration other than money .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . ip - based retransmission services offered both on closed - circuit networks and on the open internet should be included in the scope of this regulation as long as they are provided to a defined number of users and comparable to closed circuit networks .


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite and online transmission , of television or radio programmes intended for the reception by the public . such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite or by direct injection but excluding online transmission , of television or radio programmes ultimately intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 .


### the european union is committed to building an energy union with a forward looking climate policy . energy efficiency is a crucial element of the european union ' s 2030 climate and energy policy framework and is key to moderate energy demand . ### the european union is committed to building an energy union with a forward looking energy and climate policy . energy efficiency is a crucial element of the european union ' s 2030 climate and energy policy framework and is key to moderate energy demand .


### it is appropriate to replace directive 2010 / 30 / eu by a regulation which maintains the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by member states and ensures thus a higher degree of harmonisation across the union . a harmonised regulatory framework at union rather than at member state level brings down costs for manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the single market . ### it is appropriate to replace directive 2010 / 30 / eu by a regulation which mainly maintains the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a harmonised regulatory framework at union rather than member state level reduces the costs of manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the internal market . as the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other union law and policy , it is appropriate to continue to exclude them from the scope of this regulation . that exclusion includes means of transport in which the motor stays in the same location while it is operated , for example elevators , escalators and conveyor belts .


### ‘ label’ means a graphic diagram including a classification using letters from a to g in seven different colours from dark green to red in order to show consumption of energy ; ### ‘ label’ means a graphic diagram , in printed or electronic form , including , amongst others , a classification using letters from a to g in seven different colours from dark green to red in order to show consumption of energy ;


### ' rescaled label ' means a label for a particular product that has undergone a rescaling exercise . ### ' rescaled label ' means a label based on a new design for a particular product that has undergone a rescaling exercise and is clearly distinguishable to the end - user from the previous label .


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### market surveillance authorities shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take and upload the information in the product database .


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### market surveillance authorities shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take .


### no later than eight years after the entry into force , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business . ### no later than eight years after the entry into force , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account criteria such as its impacts on business , the impact on total energy consumption , the cost of the database and the impact on the effectiveness of market surveillance authorities control activities .


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , given that cyber incidents undermine trust in digital service providers and in the digital single market itself , especially among consumers , trust should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . alongside union - wide certification , there are a range of voluntary measures that the private sector itself should take to bolster trust in the security of ict products and services , in particular in view of the growing availability of iot devices . for example , more effective use should be made of encryption and other technologies as well as technologies to prevent successful cyber - attacks , in order to improve the security of end - users’ data and communications and the overall security of network and information systems in the union .


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote cyber - hygiene best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic multi - factor authentication , patching , encryption , and access management principles and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . the agency should encourage all end users to take appropriate steps to prevent and minimise the impact of incidents affecting the security of their networks and information systems .


### once a european cybersecurity certification scheme is adopted , manufacturers of ict products or providers of ict services should be able to submit an application for certification of their products or services to a conformity assessment body of their choice . conformity assessment bodies should be accredited by an accreditation body if they comply with certain specified requirements set out in this regulation . accreditation should be issued for a maximum of five years and may be renewed on the same conditions provided that the conformity assessment body meets the requirements . accreditation bodies should revoke an accreditation of a conformity assessment body where the conditions for the accreditation are not , or are no longer , met or where actions taken by a conformity assessment body infringe this regulation . ### once a european cybersecurity certification scheme is adopted , manufacturers of ict products or providers of ict services should be able to submit an application for certification of their products , services or processes to a conformity assessment body of their choice . conformity assessment bodies should be accredited by an accreditation body if they comply with certain specified requirements set out in this regulation . accreditation should be issued for a maximum of five years and may be renewed on the same conditions provided that the conformity assessment body meets the requirements . accreditation bodies should revoke an accreditation of a conformity assessment body where the conditions for the accreditation are not , or are no longer , met or where actions taken by a conformity assessment body infringe this regulation .


### the examination procedure should be used for the adoption of implementing acts on european cybersecurity certification schemes for ict products and services ; on modalities of carrying enquiries by the agency ; as well as on the circumstances , formats and procedures of notifications of accredited conformity assessment bodies by the national certification supervisory authorities to the commission . ### the examination procedure should be used for the adoption of implementing acts on european cybersecurity certification schemes for ict products , services and processes ; on modalities of carrying enquiries by the agency ; as well as on the circumstances , formats and procedures of notifications of accredited conformity assessment bodies by the national certification supervisory authorities to the commission .


### the agency should further develop and maintain its expertise on cybersecurity certification with a view to supporting the union policy in this field . the agency should promote the uptake of cybersecurity certification within the union , including by contributing to the establishment and maintenance of a cybersecurity certification framework at union level , with a view to increasing transparency of cybersecurity assurance of ict products and services and thus strengthening trust in the digital internal market . ### the agency should promote the use of certification while avoiding the fragmentation caused by lack of coordination between existing certification schemes in the union . the agency should contribute to the establishment and maintenance of a cybersecurity certification framework at union level in accordance with articles 43 to 54 [ title iii ] , with a view to increasing the transparency of cybersecurity assurance of ict products and services and thus strengthening trust in the digital single market .


### the agency shall promote the use of certification , including by contributing to the establishment and maintenance of a cybersecurity certification framework at union level in accordance with title iii of this regulation , with a view to increasing transparency of cybersecurity assurance of ict products and services and thus strengthen trust in the digital internal market . ### the agency shall promote the use of certification while avoiding the fragmentation caused by lack of coordination between existing certification schemes in the union . the agency shall contribute to the establishment and maintenance of a cybersecurity certification framework at union level in accordance with articles 43 to 54 [ title iii ] , with a view to increasing the transparency of cybersecurity assurance of ict products and services and thus strengthening trust in the digital single market .


### compiling and publishing guidelines and developing good practices concerning the cybersecurity requirements of ict products and services , in cooperation with national certification supervisory authorities and the industry ; ### compiling and publishing guidelines and developing good practices , including on cyber - hygiene principles , concerning the cybersecurity requirements of ict products and services , in cooperation with national certification supervisory authorities and the industry in a formal , standardised and transparent process ;


### raise awareness of the public about cybersecurity risks , and provide guidance on good practices for individual users aimed at citizens and organisations ; ### raise awareness of the public about cybersecurity risks , and provide guidance on good cyber - hygiene practices for individual users aimed at citizens and organisations ;