### following a request for a european technical assessment by a manufacturer or a group of manufacturers or on initiative of the commission , a european assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘tabs’) in agreement with the commission for any product not covered by: ### following a request for a european technical assessment by a manufacturer or a group of manufacturers or on initiative of the commission , a european assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘tabs’) in agreement with the commission for any kind or category of products not covered by:


### a harmonised technical specification; ### a harmonised standard;


### a harmonised technical specification intended to be adopted in the next 2 years as from the date of verification with the commission; ### a harmonised technical specification intended to be adopted in the next 1 year as from the date of verification with the commission;


### for one or several essential characteristics of the product , which the manufacturer places on the market , that product is deemed to achieve a certain level or class of performance without testing or calculation , or without further testing or calculation , in accordance with the conditions set out to that end in the relevant harmonised technical specification or a commission act; or ### for one or several essential characteristics of the product , which the manufacturer places on the market , that product is deemed to achieve a certain level or class of performance without testing or calculation , or without further testing or calculation , in accordance with the conditions set out to that end in the relevant harmonised technical specification or a delegated or implementing act; or


### the product , covered by a harmonised technical specification , which the manufacturer places on the market is a system made of items , which the manufacturer assembles duly following precise instructions , including compatibility criteria in case of individual items , given by the provider of such a system or of a component thereof , who has already tested that system or that item for one or several of its essential characteristics in accordance with the relevant harmonised technical specification. when these conditions are satisfied and when the manufacturer has notably verified that the precise compatibility criteria of the provider are met , the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the item provided to him. ### the product , covered by a harmonised technical specification , which the manufacturer places on the market is a system made of items , which the manufacturer assembles duly following precise instructions , including compatibility criteria in case of individual items , given by the provider of such a system or supplier of a component thereof , who has already tested that system or that item for one or several of its essential characteristics in accordance with the relevant harmonised technical specification. when these conditions are satisfied and when the manufacturer has notably verified that the precise compatibility criteria of the provider are met , the manufacturer is entitled to declare performance corresponding to all test results for the system or the item provided to them; or the construction product , covered by a harmonised specification , which the manufacturer places on the market corresponds to the product-type of another construction product , manufactured by another manufacturer and already tested in accordance with the relevant harmonised standard. when these conditions are fulfilled , the manufacturer is entitled to declare performance corresponding to all or part of the test results of this other product. the manufacturer may use the test results obtained by another manufacturer only after having obtained an authorisation of that manufacturer , who remains responsible for the accuracy , reliability and stability of those test results.


### 2. the fulfilment of the requirements of this article shall be assessed and confirmed by a tab or a notified body. ### deleted


### market surveillance authorities shall have the right to recover from economic operators in possession of a non-compliant product or from the manufacturer the costs of document inspection and physical product testing. ### where a product has been found to be non-compliant market surveillance authorities shall have the right to recover from economic operators who placed or made available the product on the market the costs of document inspection and physical product testing with a justification of costs.


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. interoperability with existing systems shall also be ensured.


### product contact points for construction shall provide , at the request of an economic operator or a market surveillance authority of another member state , any useful product related information , such as: ### product contact points for construction shall provide , at the request of an economic operator or a market surveillance authority of another member state , any useful product related information in a language easily understood by the majority , such as:


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### deleted


### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate. ### deleted


### 3. when establishing requirements pursuant to paragraph 1 for public contracts , the commission shall take into account the following criteria: ### deleted


### article 85 ### deleted


### all documentation required by article 19(7) ,article 21(3) , articles 64 to 66 and annex v can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks). ### all documentation required by article 19(7) ,article 21(3) , articles 64 to 66 and annex v can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks or data-carriers).


### regulation (eu) 305/2011 is repealed with effect from 1 january 2045. ### regulation (eu) 305/2011 is repealed 10 years after entry into force of this regulation.


### 3. the following standards remain valid under this regulation , as standards referred to in the first subparagraph of article 4(2): ### 3. all standards already cited in official journal of the european union will remain valid until they are replaced by an updated version.


### 5. notified bodies’ certificates or test reports and european technical assessments issued under regulation (eu) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with article 4(2) , unless these documents have expired for other reasons. products placed on the market on the basis of these documents may be further made available on the market for another five years. ### 5. notified bodies’ certificates issued under regulation (eu) 305/2011 remain valid for five years after the entry into force of harmonised technical specifications for the respective product family or category adopted in accordance with article 4(2) , unless these documents have expired for other reasons. products placed on the market on the basis of these documents may be further made available on the market for another five years.


### 6. the requirements set out in chapters i , ii and iii applicable to economic operators with regard to a certain product group or product family shall apply as from one year after the entry into force of the harmonised technical specification covering that product group or family. however , economic operators may apply those harmonised technical specifications as from their entry into force by undergoing the procedure leading to a declaration of performance or of conformity. ### 6. the requirements set out in chapters i , ii and iii applicable to economic operators with regard to a certain product group or product family shall apply in accordance with the dates specified in the relevant delegated act after the entry into force of the harmonised technical specification covering that product group or family. however , economic operators may apply those harmonised technical specifications as from their entry into force by undergoing the procedure leading to a declaration of performance or of conformity.


### it shall apply as from [1 month after entry into force]. ### it shall apply as from [18 months after entry into force].


### it shall apply as from [1 month after entry into force]. ### it shall apply as from [1 month after entry into force]. an appropriate transition period shall be granted.


### these basic requirements for construction works do not constitute obligations incumbent upon economic operators or member states. ### these basic requirements for construction works do not constitute obligations incumbent upon economic operators or member states. essential characteristics related to the basic requirements of construction works are those product characteristics that are necessary to demonstrate compliance with the applicable requirements national , regional or local construction requirements , when designing and building construction works.


### the intended life span related to basic requirements for construction works shall take into account the likely impacts of the changing climate. ### deleted


### structural integrity of construction works ### mechanical resistance and stability of construction works


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that all relevant loads and any combinations of them are sustained and transmitted into the ground safely and without causing deflections or deformations of any part of the construction works , or movement of the ground as to impair the durability , structural resistance , serviceability and robustness of the construction works. ### deleted


### the construction works and any part of them shall be designed , constructed , used and maintained in such a way that they meet the following requirements in the case of a fire: ### the construction works and the relevant parts of them shall be designed , constructed , used and maintained in such a way that they meet the following requirements in the case of a fire:


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that , throughout their life cycle , they do not present unacceptable risks of accidents or damage in service or in operation , including slipping , falling , collision , burns , electrocution and injury from falling or braking parts caused by external factors like extreme weather conditions or explosion. ### the construction works and the relevant parts of them shall be designed , constructed , used and maintained in such a way that , throughout their life cycle , they do not present unacceptable risks of accidents or damage in service or in operation , including slipping , falling , collision , burns , electrocution , burglaries and injury from falling or breaking parts caused by external factors like extreme weather conditions or explosion.


### resistance to the passage of sound and acoustic properties of construction works ### protection against noise


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that they provide , throughout their life cycle , reasonable protection against adverse sound load through air or materials from other parts of the same construction work or sources outside its structure. that protection shall ensure that it: ### the construction works and the relevant parts of them shall be designed and constructed , used and maintained in such a way that they provide , throughout their life cycle , reasonable protection against adverse sound load through air or materials from other parts of the same construction work or sources outside its structure. that protection shall ensure that it:


### the construction works and any part of them shall be designed , constructed , used and maintained in such a way that they provide sufficient sound absorption and reflection where these acoustic properties are required. ### the construction works and the relevant parts of them shall be designed and constructed , used and maintained in such a way that they provide sufficient sound absorption and reflection where these acoustic properties are required.


### the construction works and their heating , cooling , lighting and ventilation installations shall be designed , built , and maintained in such a way that , throughout their life cycle , the amount of energy they require in use shall be low , when account is taken of: ### the construction works and their heating , cooling , lighting and ventilation installations shall be designed , built , and maintained in such a way that , throughout their life cycle , the amount of energy they require in use is low , when account is taken of:


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that , throughout their life cycle , the use of natural resources is sustainable and ensures the following: ### the construction works and the relevant parts of them shall be designed , constructed , used , maintained and demolished in such a way that , throughout their life cycle , the use of natural resources is sustainable and ensures the following:


### use of raw and secondary materials of high environmental sustainability and thus with a low environmental footprint; ### using by-products , raw and secondary materials of high environmental sustainability and thus with a low environmental footprint;


### risks linked to software failure; ### risks linked to software failure in high risk products;


### risks of software manipulation; ### risks of software manipulation in high risk products;


### risks of incompatibility of substances or materials; ### deleted


### risks linked to the incompatibility of different items , at least one of them being a product; ### deleted


### risk of not performing as intended , whilst the performance is safety relevant; ### deleted


### risk of misunderstanding instructions for use in a field affecting health and safety; ### deleted


### risk of unintended inappropriate installation or use; ### deleted


### risk of intended inappropriate use. ### deleted


### harmonised technical specifications shall , as appropriate , specify these inherent product safety requirements , which might relate to but are in essence independent from the phase of the installation of the product into construction works. ### harmonised technical specifications shall , as appropriate , specify these inherent product safety requirements.


### define the state of the art of possible risk reduction with regard to the respective product category , including the risk of incompatibility of different items , at least one of them being a product; ### define the state of the art of possible risk reduction with regard to the respective product category;


### where risk avoidance is not possible , risks shall be reduced , mitigated and addressed by warnings on the product , its packaging and in instructions for use; ### where risk avoidance is not possible , risks shall be reduced , mitigated and addressed by requesting the manufacturer to provide warnings on the product , its packaging and in instructions for use , where such warnings are not already required by other applicable legislation;


### 1.2. product description: ### 1.2. product description , where required by the nature of the product:


### 1.3. transport , installation , maintenance , deconstruction and demolition rules: ### 1.3. transport , installation , maintenance , deconstruction and demolition rules , where required by the nature of the product:


### potential risks of the product and any reasonably foreseeable misuse thereof; ### potential risks of the product;


### (iv) if necessary , instructions for the training of the installers or operators; ### (iv) if necessary , instructions for the installers or operators;


### the manufacturer’s products registration(s) in eu databases , and the precise location therein where the product can be found , and to his own product presentation website; ### the manufacturer’s own product presentation website;


### (2) in order for a construction product to be placed on the market , the manufacturer is obliged to draw a declaration of performance for such product. the manufacturer assumes the responsibility for the conformity of the product with such declared performance. certain exemptions to this obligation are provided. ### (2) in order for a construction product covered by a harmonised technical specification to be placed on the market , the manufacturer is obliged to draw a declaration of performance for such product. the manufacturer assumes the responsibility for the conformity of the product with such declared performance.


### (17) construction products placed on the market in the outermost regions of the european union are often imported from neighbouring countries , and are therefore not subject to requirements laid down in union law. subjecting those construction products to such requirements would be disproportionately costly. at the same time , construction products manufactured in the outermost regions hardly circulate in other member states. accordingly , member states should have the possibility to exempt construction products placed on the market or directly installed in the outermost regions of the european union from those requirements. ### deleted


### (40) to create transparency for users of construction products and to avoid inappropriate use of those products , construction products and their intended use should be precisely identified by the manufacturer. for the same reason , the manufacturer should make clear whether the construction products are intended for professional use only , or also for use by consumers. to ensure that construction products can be traced back , manufacturers should be indicated on the product or , where this is not possible e.g. due to the product’s size or surface , on its packaging or , where that is not possible either , in a document accompanying it. ### (40) to create transparency for users of construction products and to avoid inappropriate use of those products , construction products and their intended use should be precisely identified by the manufacturer. to ensure that construction products can be traced back , manufacturers should be indicated on the product or , where this is not possible e.g. due to the product’s size or surface , on its packaging or , where that is not possible either , in a document accompanying it.


### this regulation establishes harmonised rules for the making available on the market and direct installation of construction products , regardless of whether undertaken in the framework of a service or not , by establishing: ### this regulation establishes harmonised rules for the placing of and making available on the market of construction products by establishing:


### rules on how to express the environmental , including climate , and safety performance of construction products in relation to their essential characteristics; ### rules on how to express the performance of construction products in relation to their essential characteristics;


### this regulation shall apply to construction products and to the following items: ### this regulation shall apply to construction products


### 3d-datasets placed on the market to permit the 3d-printing of construction products covered by this regulation and 3d-printed construction products and moulds; ### deleted


### materials intended to be used for the 3d-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction site; ### deleted


### parts or materials intended to be used for products covered by this regulation , if the manufacturer of those parts or materials so requests; ### deleted


### prefabricated one-family-houses of less than 180 m2 surface floor space with one floor or of less than 100 m2 surface floor space on two floors. ### deleted


### member states may decide not to apply this regulation for the houses referred to in point (g) by notification to the commission. ### deleted


### 2. this regulation shall also apply to used construction products and to used items referred to in paragraph 1 in any of the following cases: ### 2. this regulation shall also apply to used construction products intended to be placed on the market.


### those used construction products or items are imported from third countries without having been placed on the union market before; ### deleted


### the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere decoration” purposes , those purposes being defined by the absence of any structural function for the construction works; ### deleted


### the economic operator making the used construction products or items available on the market claims for them characteristics or the fulfilment of product requirements set out in annex i , additional to or different from the characteristics and requirements declared pursuant to this regulation or regulation (eu) 305/2011 when the used construction product or item was first placed on the market; ### deleted


### the used construction products or items have been subject to a transformative process going beyond repair , cleaning and regular maintenance (‘remanufactured product’); ### deleted


### sanitary appliances; ### deleted


### traffic signalling products. ### deleted


### 5. member states may exempt from the application of this regulation construction products and items covered by this regulation that are placed on the market or directly installed in the outermost regions of the european union in the meaning of article 349 of the treaty on the functioning of the european union. member states shall notify to the european commission and to the other member states the regulations providing such exemptions. they shall ensure that exempted construction products or items do not bear the ce marking in accordance with article 16. construction products or items placed on the market or directly installed on the basis of such exemption shall not be deemed to be placed on the market or directly installed in the union in the meaning of this regulation. ### 5. member states may exempt from the application of this regulation construction products covered by this regulation that are placed on the market in the outermost regions of the european union in the meaning of article 349 of the treaty on the functioning of the european union , with the exception of the canary islands and madeira. member states shall notify to the european commission and to the other member states the regulations providing such exemptions. they shall ensure that exempted construction products do not bear the ce marking in accordance with article 16. construction products or items placed on the market on the basis of such exemption shall not be deemed to be placed on the market in the union in the meaning of this regulation.


### (1) ‘construction product’ means any formed or formless physical item , including its packaging and instructions for use , or a kit or assembly combining such items , that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works; ### (1) ‘construction product’ means any good , or a kit , that is placed on the market or supplied to the construction site for incorporation in a permanent manner in construction works or parts thereof within the union;


### (2) ‘permanent’ means for a duration of two years or longer; ### (2) ‘permanent’ means for a duration of two years or longer without leading to abuses and malpractices in the reusability of construction products;


### (3) ‘product’ means a construction product or other item covered by this regulation in accordance with article 2(1) to (3); ### (3) ‘product’ means an item covered by this regulation in accordance with article 2(1) to (3);


### (4) ‘making available on the market’ means any supply of a product for distribution or use on the union market in the course of a commercial activity , whether in return for payment or free of charge , regardless whether in the framework of providing a service or not; ### (4) ‘making available on the market’ means any supply of a product for distribution or use on the union market in the course of a commercial activity , whether in return for payment or free of charge;


### (6) ‘performance’ means the degree to which a product has certain scalable essential characteristics; ### (6) ‘performance’ means the degree to which a product has certain scalable or binary essential characteristics;


### (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in annex i part a point 1 or which have been listed in annex i part a point 2; ### (7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in annex i part a point 1 and the environmental characteristics which have been listed in annex i part a point 2;


### (9) ‘economic operator’ means the manufacturer , the authorised representative , the importer , the distributor , the fulfilment service provider , the 3d-printing service provider , manufacturer , importer or distributor of materials intended for 3d-printing of products , online seller , the broker , the supplier , the service provider , the own-brand-labeller or any other natural or legal person , other than authorities , notified bodies , technical assessment bodies and product contact points for construction who is subject to this regulation in relation to the manufacturing , de-installation for re-use , re-manufacturing or repackaging of products , or making those products available on the market or installing those products directly in accordance with this regulation , and economic operators as defined in article 3 , point (13) of regulation (eu) 2019/1020 of the european parliament and of the council44 ; ### (9) ‘economic operator’ means the manufacturer , the authorised representative , the importer , the distributor , the fulfilment service provider , any other natural or legal person , who is subject to this regulation in relation to the manufacturing , re-manufacturing or repackaging and placing or making available on the market of construction products.


### (10) ‘3d-printing service provider’ means any natural or legal person offering , in the course of a commercial activity , one of the following services: renting or leasing out 3d-printers , printing out 3d-printing datasets , or brokering one of these services , regardless of whether the printing material is provided by that person or not; ### deleted


### (11) ‘materials intended for 3d-printing of products’ means any material intended or the 3d-printing of products for which the respective economic operators have not explicitly and consistently excluded the use as materials for 3d-printing; ### deleted


### (12) ‘manufacturer’ means a manufacturer as defined in article 3 , point (8) , of regulation (eu) 2019/1020; ### (12) ‘manufacturer’ as defined in article 3 , point (8) , of regulation (eu) 2019/1020 means any natural or legal person who manufactures a product or has a product designed or manufactured , and markets that product under its name or trademark.


### (13) ‘3d-datasets’ means a set of numerical data describing the shape of an object by its outer dimensions and its cavities in view of permitting the 3d-printing of that object; ### deleted


### (14) ‘construction works’ means buildings and civil engineering works that may both be over or in the ground or water , including bridges , tunnels , pylons and other facilities for transport of electricity , communication cables , pipelines , aqueducts , dams , airports , ports , water ways , and installations which are the basis for rails of railways , but excluding wind mills , oil platforms or chemical plants , industry manufacturing installations , agricultural installations , electricity generation installations , military installations , whilst their shelters may be buildings; ### (14) ‘construction works’ means buildings and civil engineering works that may both be over or in the ground or water , including bridges , tunnels , pylons and other facilities for transport of electricity , communication cables , pipelines , aqueducts , dams , airports , ports , water ways , and installations which are the basis for rails of railways , but excluding wind mills , oil platforms or chemical plants , agricultural installations , electricity generation installations , military installations , whilst their shelters may be buildings;


### (19) ‘placing on the market’ means the first making available of a product on the union market or the first making available of a used product where any of the conditions of article 2(2) are fulfilled or of a remanufactured product; ### (19) ‘placing on the market’ means the first making available of a product on the union market


### (26) ‘repair’ means the process of returning a faulty product to a condition where it can fulfil its intended use; ### (26) ‘repair’ means the process of fixing a faulty product and/or replacing its defective components , in order to return the product to a condition where it can fulfil its intended use;


### (27) ‘maintenance’ means an action carried out to retain a product in a condition where it is able to function as required; ### (27) ‘maintenance’ means an action carried out to retain a product in a condition where it is able to function as specified;


### (31) ‘product type’ means the abstract model of individual products , determined by the intended use and a set of characteristics which exclude any variation with regard to performance or to the fulfilment of product requirements set-out in or in accordance with this regulation , produced in a specific production process using a given combination of raw materials or components , whilst identical items of different manufacturers also belong to different product types; ### (31) ‘product type’ means the abstract model of individual products , defined by the same set of declared performances;


### (36) ‘product category’ means a subset of the product types of a certain product family encompassing those product types which have in common a certain intended use as specified in harmonised technical specifications or european assessment documents; ### (36) ‘product category’ means a subset of the product types of a certain product family encompassing those product types which have in common a certain intended use as specified in harmonised technical specifications


### (37) ‘factory production control’ means the documented , permanent and internal production control in a factory with regard to certain parameters or quality aspects , reflecting the specificities of a respective product family or a group and manufacturing processes , and which aim at the constancy of performance or of continuous fulfilment of product requirements , executed in accordance with annex v; ### (37) ‘factory production control’ means the documented , permanent and internal production control with regard to certain parameters or quality aspects , reflecting the specificities of a respective product family or a group and manufacturing processes , and which aim at the constancy of performance or of continuous fulfilment of product requirements , executed in accordance with annex v;


### (38) ‘harmonised zone’ means the sphere jointly covered by this regulation , the harmonised technical specifications , and the commission acts of general applicability adopted pursuant this regulation; ### (38) ‘harmonised zone’ means the sphere jointly covered by this regulation , the harmonised standards and delegated and implementing acts of general applicability adopted pursuant this regulation;


### (42) ‘individually manufactured’ means that , due to the specifications of the client , there is a variation in terms of manufacturing method when compared with all other products produced for other clients by the economic operator in question; ### (42) ‘individually manufactured’ means that , due to the specifications of the client , there is a need for readjustment of the production equipment for their manufacture when compared with all other products produced for other clients by the economic operator in question;


### (44) ‘custom-made’ means that , due to the specifications of the client , there is a variation in terms of size or material when compared with all other products produced for other clients by the economic operator in question. ### (44) ‘custom-made’ means that , due to the specifications of the client , there is a variation in terms of non-clustered size or material when compared with all other products produced for other clients by the economic operator in question.


### (45) ‘permalink’ means an internet link to a website which is stable both for its content and the address (“url”); ### (45) ‘permalink’ means an internet link to a website which is stable for a duration of 10 years after the last placing of the product on the market , both for its content and the address (“url”);


### (46) ‘harmonised technical specifications’ means construction products standards established in accordance with article 4(2) the reference of which has been published in the official journal in accordance with article 34 and thereby were rendered mandatory for purposes of application of this regulation , and delegated acts adopted in accordance with article 4(3) and (4) , article 5(2) , or article 22(4) that contain technical prescriptions; ### (46) ‘harmonised standards specifications’ means construction products standards established in accordance with article 4(2) the reference of which has been published in the official journal in accordance with article 34 and thereby were rendered mandatory for purposes of application of this regulation , and delegated acts adopted in accordance with article 4(3) and (4) , article 5(2) , or article 22(4) that contain technical prescriptions;


### (52) ‘non-series process’ means a process that is neither prevailingly automated or produced using assembly-line techniques , nor repeated more than 100 times per year by the economic operator in question or the economic operators belonging to the same group of companies , defined by a common controlling natural or legal person , or the same organisational structure; ### deleted


### (58) ‘own-brand-labeller’ means any natural or legal person other than the manufacturer who wishes to sell a product as his own and therefore affixes his name , trade-mark or label in addition to the mandatory inscriptions of other economic operators; ### deleted


### (60) ‘service provider’ means any natural or legal person providing a service to a manufacturer or to a supplier of a key part , provided that the service is relevant for the manufacturing of products , including their design; ### deleted


### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states. ### the essential characteristics identified in accordance with paragraph 1 and the essential environmental characteristics listed in annex i part b and the methods for their assessment shall be laid down in standards which for the purposes of the application of this regulation are rendered mandatory by means of delegated acts referred to in the third subparagraph.


### the commission may issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. ### the commission shall issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods.


### there are undue delays in the adoption of certain standards referred to in the first subparagraph of article 4(2)by the european standardisation organisations , whilst an undue delay is given where the european standardisation organisation does not submit a standard within the time-frame set out in the standardisation request; ### deleted


### there is an urgency for the adoption of more harmonised technical specifications that cannot be matched with standards referred to in the first subparagraph of article 4(2) alone; ### deleted


### one or more essential characteristics referring to basic work requirements set out in annex i part a , point 1 or included in annex i part a , point 2 are not covered by the standards referred to in the first subparagraph of article 4(2) the references of which are already published in the official journal; ### deleted


### 1. the commission is empowered to adopt delegated acts in accordance with article 87 supplementing this regulation by laying down the minimum number of checks to be performed by the market surveillance authorities of each member state on specific products covered by harmonised technical specifications or in relation to specific requirements set out in such measures in order to ensure checks are performed on a scale adequate to safeguard the effective enforcement of this regulation. the delegated acts may , where relevant , specify the nature of the checks required and methods to be used. ### deleted


### member states shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally resident in the union on ground of their nationality or place of residence or on any ground as referred to in article 21 of the charter of fundamental rights of the european union , when those consumers request , conclude or hold a credit agreement or crowdfunding credit services within the union. ### member states shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally resident in the union on ground of their nationality , when those consumers request , conclude or hold a credit agreement or crowdfunding credit services within the union with exception of differences justified by objective criteria.


### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer. ### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.


### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer. ### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.


### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form and the standard european consumer credit overview form immediately after the conclusion of the credit agreement. ### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the european consumer credit information form immediately after the conclusion of the credit agreement.


### article 13 ### deleted


### 1. member states may allow bundling practices but shall prohibit tying practices. ### 1. member states shall allow bundling practices and shall prohibit tying practices.


### 1. member states may allow bundling practices but shall prohibit tying practices. ### 1. member states shall allow bundling practices but shall prohibit tying practices.


### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market. ### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , are of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.


### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. ### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , article 24 of directive(eu) no 2016/97 applies.


### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. ### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , article 24 of directive (eu) 2016/97 applies.


### 5. member states shall require that creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation. ### 5. member states may require that creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation.


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### without prejudice to the possibility of marketing communication , member states shall prohibit granting of credit to consumers , without their prior request and explicit agreement.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be proportionate and be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , while bearing in mind the proportionate risk assessment to protect financial stability of the creditor and provider of the crowdfunding services and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services , according to the nature , duration and amount of the credit and the risk profile of the consumer. the obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by directive2013/36/eu , regulation n. 575/2013 eu and eba guidelines abe/gl/2020/06.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be proportionate and be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , while bearing in mind the proportionate risk assessment to protect financial stability of the creditor and provider of the crowdfunding services and shall take appropriate account of nature , duration , amount of the credit and the risk and profile of the consumer and of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services , according to the nature , duration and amount of the credit and the risk profile of the consumer. the obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by directive 2013/36/eu , regulation n. 575/2013 eu and eba guidelines abe/gl/2020/06.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate that shall take appropriate account of nature , duration , amount of the credit and the risk and profile of the consumer. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19.


### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation. ### deleted


### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation. ### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation or by using statistical methods within automated decision-making systems.


### 3. member states shall require that the creditor or , where applicable , the provider of crowdfunding credit services establishes procedures for the assessment referred to in paragraph 1 and that the creditor or the provider of crowdfunding credit services documents and maintains such procedures. ### 3. member states shall also require that after the conclusion of the credit agreement involving a total amount of credit of more than eur 50.000 , the creditor or the provider of crowdfunding credit services documents and maintains the information referred to in paragraph 2 for a period of at least one year.


### (4) digitalisation has contributed to market developments that were not foreseen at the time when directive 2008/48/ec was adopted. in fact , the rapid technological developments registered since the 2008 directive have brought significant changes to the consumer credit market , both on the supply side and on the demand side , such as the emergence of new products and the evolution of consumer behaviour and preferences. ### (4) digitalisation has contributed to market developments that were not foreseen at the time when directive 2008/48/ec was adopted. in fact , the rapid technological developments registered since the 2008 directive have brought significant changes to the consumer credit market , both on the supply side and on the demand side , such as the emergence of new products and the evolution of consumer behaviour and preferences. digitalisation has also brought wide range of reliable authentication options , including digital signature , voice authentication , face id and others. those options enable the digital approval and signing of credit contracts.


### (6) the de facto and de jure situation resulting from those national differences in some cases leads to distortions of competition among creditors in the union and creates obstacles to the internal market. the situation restricts consumers' ability to benefit from a gradually increasing offer of cross-border credit , which is expected to further grow as a result of digitalisation. those distortions and restrictions may in turn have consequences in terms of reduced demand for goods and services. the situation also leads to an inadequate and non-consistent level of protection for consumers across the union. ### (6) the de facto and de jure situation resulting from those national differences in some cases leads to distortions of competition among creditors in the union and creates obstacles to the internal market. the situation restricts consumers' ability to benefit from a gradually increasing offer of cross-border credit , which is expected to further grow as a result of digitalisation. those distortions and restrictions may in turn have consequences in terms of reduced demand for goods and services. only restrictions hampering the cross-border credit offers should be harmonised and the potential disadvantage due to less flexibility and customisations should be always considered. the situation also leads to an inadequate and non-consistent level of protection for consumers across the union.


### (9) in accordance with article 26 of the treaty on the functioning of the european union (tfeu) , the internal market comprises an area in which the free movement of goods and services and the freedom of establishment are ensured. the development of a more transparent and efficient legal framework for consumer credit should increase consumer trust and facilitate the development of cross-border activities. ### (9) in accordance with article 26 of the treaty on the functioning of the european union (tfeu) , the internal market comprises an area in which the free movement of goods and services and the freedom of establishment are ensured. the development of a more transparent and efficient legal framework for consumer credit should increase consumer trust and welfare and facilitate the development of cross-border activities.


### (10) in order to improve the functioning of the internal market for consumer credits , it is necessary to provide for a harmonised union framework in a number of core areas. in view of the developing market in consumer credit , in particular in the online environment , and the increasing mobility of european citizens , forward-looking union legislation which is able to adapt to future forms of credit and which allows member states the appropriate degree of flexibility in their implementation will help to create a level playing field for businesses. ### (10) in order to improve the functioning of the internal market for consumer credits , it is necessary to provide for a harmonised union framework in a number of core areas. in view of the developing market in consumer credit , in particular in the online environment , and the increasing mobility of european citizens , forward-looking risk-oriented and proportionate union legislation which is able to adapt to future forms of credit and which allows member states the appropriate degree of flexibility in their implementation will help to create a level playing field for businesses.


### (12) it is important that consumers benefit from a high level of consumer protection. thus , it should be possible for the free movement of credit offers to take place under optimum conditions for both those who offer credit and those who require it , with due regard to specific situations in the member states. ### (12) it is important that consumers benefit from a high level of consumer protection , convenient and cost-efficient solutions. thus , it should be possible for the free movement of credit offers to take place under optimum conditions for both those who offer credit and those who require it , with due regard to specific situations in the member states.


### (13) full harmonisation is necessary in order to ensure that all consumers in the union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. member states should therefore not be allowed to maintain or introduce national provisions diverging from other than those laid down in this directive , unless otherwise provided in this directive. however , such restriction should only apply where there are provisions harmonised in this directive. where no such harmonised provisions exist , member states should remain free to maintain or introduce national legislation. accordingly , member states should have the possibility to maintain or introduce national provisions on joint and several liability of the seller or the service provider and the creditor. member states should also have the possibility to maintain or introduce of national provisions on the cancellation of a contract for the sale of goods or supply of services where the consumer exercises his right of withdrawal from the credit agreement or from the agreement for the provision of crowdfunding credit services. in this respect , member states , in the case of open-end credit agreements , should be allowed to fix a minimum period needing to elapse between the time when the creditor asks for reimbursement and the day on which the credit has to be reimbursed. ### (13) harmonisation is necessary in order to ensure that all consumers in the union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. member states should therefore not be allowed to maintain or introduce national provisions diverging from other than those laid down in this directive , unless otherwise provided in this directive. however , such restriction should only apply where there are provisions harmonised in this directive. where no such harmonised provisions exist , member states should remain free to maintain or introduce national legislation. accordingly , member states should have the possibility to maintain or introduce national provisions on joint and several liability of the seller or the service provider and the creditor. member states should also have the possibility to maintain or introduce of national provisions on the cancellation of a contract for the sale of goods or supply of services where the consumer exercises his right of withdrawal from the credit agreement or from the agreement for the provision of crowdfunding credit services. in this respect , member states , in the case of open-end credit agreements , should be allowed to fix a minimum period needing to elapse between the time when the creditor asks for reimbursement and the day on which the credit has to be reimbursed.


### (13) full harmonisation is necessary in order to ensure that all consumers in the union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. member states should therefore not be allowed to maintain or introduce national provisions diverging from other than those laid down in this directive , unless otherwise provided in this directive. however , such restriction should only apply where there are provisions harmonised in this directive. where no such harmonised provisions exist , member states should remain free to maintain or introduce national legislation. accordingly , member states should have the possibility to maintain or introduce national provisions on joint and several liability of the seller or the service provider and the creditor. member states should also have the possibility to maintain or introduce of national provisions on the cancellation of a contract for the sale of goods or supply of services where the consumer exercises his right of withdrawal from the credit agreement or from the agreement for the provision of crowdfunding credit services. in this respect , member states , in the case of open-end credit agreements , should be allowed to fix a minimum period needing to elapse between the time when the creditor asks for reimbursement and the day on which the credit has to be reimbursed. ### (13) harmonisation is necessary in order to ensure that all consumers in the union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. member states should therefore not be allowed to maintain or introduce national provisions diverging from other than those laid down in this directive , unless otherwise provided in this directive. however , such restriction should only apply where there are provisions harmonised in this directive. where no such harmonised provisions exist , member states should remain free to maintain or introduce national legislation. accordingly , member states should have the possibility to maintain or introduce national provisions on joint and several liability of the seller or the service provider and the creditor. member states should also have the possibility to maintain or introduce national provisions on the cancellation of a contract for the sale of goods or supply of services where the consumer exercises his right of withdrawal from the credit agreement or from the agreement for the provision of crowdfunding credit services. in this respect , member states , in the case of open-end credit agreements , should be allowed to fix a minimum period needing to elapse between the time when the creditor asks for reimbursement and the day on which the credit has to be reimbursed.


### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years. ### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. in order to strike the right balance and to create proportionate regime , member states should have flexibility to derogate from certain products , such as consumer credit agreements below the amount of eur 200 if the overall net impact of the measure is negative due to national specificities. leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.


### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other potentially detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. to this extent , leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years. ### (15) a number of member states have applied directive 2008/48/ec to areas not covered by its scope to enhance the level of consumer protection. in fact , several of the credit agreements not falling within the scope of that directive can be detrimental for consumers , including short-term high cost loans whose amount is typically lower than the minimum threshold of eur 200 set out in directive 2008/48/ec. in this context , and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market , the scope of this directive should cover some agreements that were excluded from the scope of directive 2008/48/ec , such as consumer credit agreements below the amount of eur 200. likewise , other detrimental products , because of the high costs they entail or high fees in case of missed payments , should be covered by this directive , to ensure increased transparency and better consumer protection , resulting in higher consumer confidence. member states should have flexibility to derogate from such consumer credit agreements below the amount of eur 200 if the overall net impact of the measure is negative due to national specificities. leasing agreements , credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month , and credit agreements where the credit is granted free of interest and without any other charges , including buy now pay later schemes , i.e. new digital financial tools that let consumers make purchases and pay them off over time , and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should be excluded from the scope of application of this directive. moreover , all credit agreement up until eur 100 000 should be included in the scope of application of this directive. the upper threshold of credit agreements under this directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.


### (16) crowdfunding is increasingly a form of finance available to consumers , typically for small expenses or investments. regulation (eu) 2020/1503 of the european parliament and of the council26 excludes from its scope crowdfunding services , including those facilitating the granting of credit , that are provided to consumers as defined in directive 2008/48/ec. in this context , this directive aims to complement regulation (eu) 2020/1503 by remedying this exclusion by bringing legal clarity on the applicable legal regime for crowdfunding services when a consumer seeks to take out a credit through a provider of crowdfunding credit services. ### (16) crowdfunding is increasingly a form of finance available to consumers , typically for small expenses or investments. regulation (eu) 2020/1503 of the european parliament and of the council26 excludes from its scope crowdfunding services , including those facilitating the granting of credit , that are provided to consumers as defined in directive 2008/48/ec. in this context , this directive aims to complement regulation (eu) 2020/1503 by bringing legal clarity on the applicable legal regime for crowdfunding services when a consumer seeks to take out a credit through a provider of crowdfunding credit services other than those under the scope of regulation (eu) 2020/1503.


### (20) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind , where the consumer pays for them for the duration of their provision by means of instalments , may differ considerably , in terms of the interests of the contractual parties involved , and the modalities and performance of the transactions , from credit agreements covered by this directive. therefore , such agreements should not be regarded as credit agreements for the purposes of this directive. such agreement includes , for example , an insurance contract where the insurance is paid for in monthly instalments. ### (20) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind , where the consumer pays for them for the duration of their provision by means of instalments , may differ considerably , in terms of the interests of the contractual parties involved , and the modalities and performance of the transactions , from credit agreements covered by this directive. therefore , such agreements should not be regarded as credit agreements for the purposes of this directive. such agreement includes , for example , an insurance contract , where the insurance is paid for in monthly instalments , electronic communication bundles or energy contracts.


### (24) information to consumers , such as pre-contractual information or general information , should be provided free of charge. ### (24) information to consumers , such as pre-contractual information or general information , should be provided free of charge. upon agreement between the creditor or the provider of crowdfunding credit services and the consumer and at the consumers’ request , any additional information or transmission of information can be charged.


### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them , in particular , to compare different offers. such information should be given in a clear , concise and prominent way by means of a representative example. the standard information should be shown upfront and saliently , in a clear way and in an engaging format. it should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. temporary promotional conditions , such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services , should be clearly identified as such. consumers should see all essential information at a glance , even when they watch it on the screen of a mobile telephone. the creditor and , where applicable , credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor , the credit intermediary or provider of crowdfunding credit services quickly and efficiently. a ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available , in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. the ceiling should indicate the upper limit of credit which can be made available to the consumer. in specific and justified cases , in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it , such as in radio advertising , the amount of information disclosed could be reduced. in addition , member states should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit. ### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them , in particular , to compare different offers. such information should be given in a clear , concise and prominent way. the standard information should be shown upfront and saliently , in a clear way and in an engaging format. it should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. temporary promotional conditions , such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services , should be clearly identified as such. consumers should see all essential information at a glance , even when they watch it on the screen of a mobile telephone. the creditor and , where applicable , credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor , the credit intermediary or provider of crowdfunding credit services quickly and efficiently. a ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available , in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. the ceiling should indicate the upper limit of credit which can be made available to the consumer. in specific and justified cases , in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it , such as in radio advertising , the amount of information disclosed could be reduced. in addition , member states should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.


### member states shall also require that the creditor or the provider of crowdfunding credit services documents and maintains the information referred to in paragraph 2. ### member states shall also require that after the conclusion of the credit agreement involving a total amount of credit of more than eur 50.000 , the creditor or the provider of crowdfunding credit services documents and maintains the information referred to in paragraph 2 for a period of at least one year.


### 4. member states shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. ### 4. member states shall ensure that the creditor or the provider of crowdfunding credit services may only make the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement.


### notwithstanding the first subparagraphs , where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement , the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances. ### notwithstanding the first subparagraphs , where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement , the creditor or the provider of crowdfunding credit services may make credit available to the consumer in specific and well justified circumstances.


### 5. member states shall ensure that where a creditor or a provider of crowdfunding credit services concludes a credit agreement or an agreement for the provision of crowdfunding credit services with a consumer , the creditor or provider of crowdfunding credit services shall not subsequently cancel or alter the credit agreement or the agreement for the provision of crowdfunding credit services to the detriment of the consumer on the grounds that the assessment of creditworthiness was incorrectly conducted. this paragraph shall not apply where it is demonstrated that the consumer knowingly withheld or falsified the information provided to the creditor or the provider of crowdfunding credit services referred to in paragraph 2. ### deleted


### request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness , including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision; ### request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness;


### request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness , including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision; ### request and obtain from the creditor or the provider of crowdfunding credit services an explanation of the assessment of creditworthiness , including risks involved in the automated processing of personal data as well as its significance and effects on the decision;


### express his or her point of view and contest the assessment of the creditworthiness and the decision. ### deleted


### express his or her point of view and contest the assessment of the creditworthiness and the decision. ### contest the assessment of the creditworthiness and the decision.


### 7. member states shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and , where applicable , of the fact that the assessment of creditworthiness is based on automated processing of data. ### 7. member states shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection.


### 2. paragraph 1 shall apply both to public and private databases. ### 2. paragraph 1 shall apply both to public and private credit databases.


### the day on which the consumer receives the contractual terms and conditions and information in accordance with articles 20 and 21 , if that day is later than the date referred to in point (a) of this subparagraph. ### the day on which the consumer receives information on the right of withdrawal in accordance with article 21.1 p).


### 1. member states shall ensure that the consumer is at any time entitled to early repayment. in such cases , the consumer shall be entitled to a reduction in the total cost of the credit , consisting of the interest and the costs for the remaining duration of the contract. when calculating that reduction , all the costs imposed on the consumer by the creditor shall be taken into consideration. ### 1. member states shall ensure that the consumer is at any time entitled to early repayment. in such cases , the consumer shall be entitled to a reduction consisting of the interest and the costs for the remaining duration of the contract. when calculating that reduction , all the costs imposed on the consumer by the creditor except for the costs corresponding to services effectively provided to the consumer or to costs effectively incurred by the creditor , as well as third party costs shall be taken into consideration. the upfront costs should be identified in the credit contract. costs that remunerate credit intermediaries' activities or costs that do not remunerate creditor’s services as well as taxes are excluded from the calculation of the reduction of the total cost of credit. as regards the method of reimbursement the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should be used unless otherwise regulated in the contract.


### 4. by way of derogation from paragraph 2 , member states may provide that: ### deleted


### article 31 ### deleted


### 1. member states shall introduce caps on one or more of the following: ### 1. member states may introduce caps on one or more of the following:


### 2. member states may introduce additional caps for revolving credit facilities. ### 2. the provision of paragraph 1 is considered fulfilled whereas there are national legislations already in force setting up caps on one of the options listed in letters a , b , c.


### 2. the commission shall assess and publish a report on the financial education available to consumers in the member states and identify examples of best practices which could be further developed in order to increase the financial awareness of consumers. ### 2. not later than 12 months from the date the directive is adopted , the commission shall adopt delegating act with measurable result indicators , enabling member states to benchmark themselves with other countries and assess and publish a report on progress in financial literacy of consumers in the member states and identify examples of best practices which could be further developed in order to increase the financial awareness of consumers.


### 1. member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented. the penalties provided for shall be effective , proportionate and dissuasive. member states shall notify those rules and of those measures to the commission by [op: please insert date - six months from the transposition deadline] and shall notify it , without delay , of any subsequent amendment affecting them. ### 1. member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented. the penalties provided for shall be effective , proportionate and dissuasive. member states shall notify those rules and of those measures to the commission by [op: please insert date - 24 months from the transposition deadline] and shall notify it , without delay , of any subsequent amendment affecting them.


### 2. member states shall ensure that when penalties are to be imposed in accordance with article 21 of regulation (eu) 2017/2394 , they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines , or both , the maximum amount of such fines being at least 4% of the creditor , the credit intermediary or the provider of crowdfunding credit services’ annual turnover in all member states concerned by the coordinated enforcement action. ### 2. member states shall ensure that when penalties are to be imposed in accordance with article 21 of regulation (eu) 2017/2394 , they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines , or both , the maximum amount of such fines being at least 1% and not more than 4% of the creditor , the credit intermediary or the provider of crowdfunding credit services’ annual turnover in all member states concerned by the coordinated enforcement action. member states shall proportionally reduce the fine in case when the turnover of the enterprise comprises not only of providing consumer credits , but also of other activities.


### 1. the commission shall undertake , every five years and for the first time five years from the date of application , an evaluation of this directive. the evaluation shall include an assessment of the thresholds laid down in article 2(2) , point c , and in part ii of annex iv , and of the percentages used to calculate the compensation payable in the event of early repayment as referred to in article 29 , in the light of economic trends in the union and the situation in the market concerned. ### 1. the commission shall undertake , every five years and for the first time five years from the date of application , an evaluation of this directive.


### directive 2008/48/ec is repealed with effect from [op: please insert date - six months from the transposition deadline]. however , as regards relations , within the scope of this directive , between consumers and creditors or credit intermediaries or providers of crowdfunding credit services who qualify as micro , small and medium undertakings as referred to in article 3 of directive 2013/34/eu of the european parliament and of the council45 , directive 2008/48/ec shall continue to apply until [op: please insert date - 18 months from the transposition deadline]. ### directive 2008/48/ec is repealed with effect from [op: please insert date - twenty-four months from the transposition deadline]. however , as regards relations , within the scope of this directive , between consumers and creditors or credit intermediaries or providers of crowdfunding credit services who qualify as micro , small and medium undertakings as referred to in article 3 of directive 2013/34/eu of the european parliament and of the council45 , directive 2008/48/ec shall continue to apply until [op: please insert date - 30 months from the transposition deadline].


### directive 2008/48/ec shall also continue to apply to credit agreements existing on [op: please insert date - six months from the transposition deadline] until [their termination]. ### directive 2008/48/ec shall also continue to apply to credit agreements existing on [op: please insert date - 24 months from the transposition deadline] until [their termination].


### however , articles 23 and 24 , article 25(1) , second sentence , article 25(2) and articles 28 and 39 of this directive shall apply to all open-end credit agreements existing on [op: please insert date - six months from the transposition deadline]. ### however , articles 23 and 24 , article 25(1) , second sentence , article 25(2) and articles 28 and 39 of this directive shall apply to all open-end credit agreements existing on [op: please insert date - twenty four months from the transposition deadline].


### 1. member states shall adopt and publish , by [op: please insert date - 24 months from the date the directive is adopted] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive. they shall forthwith communicate to the commission the text of those provisions. they shall apply those measures from [op: please insert date - six months from the transposition deadline]. ### 1. member states shall adopt and publish , by [op: please insert date - 24 months from the date the directive is adopted] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive. they shall forthwith communicate to the commission the text of those provisions. they shall apply those measures from [op: please insert date - 24 months from the transposition deadline].


### however , as regards relations , within the scope of this directive , between consumers and creditors or credit intermediaries or providers of crowdfunding credit services who qualify as micro , small and medium undertakings as referred to in article 3 of directive 2013/34/eu , member states shall apply those measures from [op: please insert date - 18 months from the transposition deadline]. ### deleted


### standard european consumer credit overview ### deleted


### (18) some provisions of this directive should moreover apply to providers of crowdfunding credit services , acting in such capacity and not as creditors or credit intermediaries , where they facilitate the granting of credit between , on the one side , persons granting consumer credit outside of the course of their trade , business or profession , and on the other side , consumers. in this context , the provider of crowdfunding credit services should comply with certain rules and obligations of this directive including the obligation to carry out a creditworthiness assessment and the rules on pre-contractual information. persons granting credit not in the course of their trade , business or profession , to consumers through a crowdfunding credit platform should not be subject to obligations for creditors under this directive. ### (18) some provisions of this directive should moreover apply to providers of crowdfunding credit services , acting in such capacity and not as creditors or credit intermediaries , where they facilitate the granting of credit between , on the one side , persons granting consumer credit outside of the course of their trade , business or profession , and on the other side , consumers. in this context , the provider of crowdfunding credit services should comply with certain rules and obligations of this directive including the obligation to carry out a creditworthiness assessment and the rules on pre-contractual information. persons granting credit not in the course of their formal trade , business or profession , to consumers through a crowdfunding credit platform should not be subject to obligations for creditors under this directive.


### (30) in order to be able to make their decisions in full knowledge of the facts , consumers should receive adequate information , for careful consideration at their own leisure and convenience , at least one day prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services , including information on the conditions and cost of the credit and on their obligations , as well as adequate explanations thereof. these rules should be without prejudice to council directive 93/13/eec29. ### (30) in order to be able to make their decisions in full knowledge of the facts , consumers should receive adequate information , for careful consideration at their own leisure and convenience , prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services , including information on the conditions and cost of the credit and on their obligations , as well as adequate explanations thereof. these rules should be without prejudice to council directive 93/13/eec29.


### (31) pre-contractual information should be provided through the standard european consumer credit information form. to help consumers understand and compare offers , a standard european consumer credit overview form summarising the key element of the credit should be provided in addition to the standard european consumer credit information form , through which consumers should see all essential information at a glance , even on the screen of a mobile telephone. information should be clear , clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. it should be displayed in an adequate and suitable way on the different channels , to ensure that every consumer can access information on an equal basis and in line with directive (eu) 2019/882 of the european parliament and of the council30. ### (31) pre-contractual information should be provided through the standard european consumer credit information form. information should be clear , clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. it should be displayed in an adequate and suitable way on the different channels , to ensure that every consumer can access information on an equal basis and in line with directive (eu) 2019/882 of the european parliament and of the council30.