### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , although this directive does not include binding rules on consumer over - indebtedness , member states should be able to also apply the discharge provisions to consumers . ### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , while in some jurisdictions a clear distinction is made between the consumer and business debts of an entrepreneur , in other jurisdictions making this distinction is more difficult and not common practice . in these jurisdictions , a second chance regime for entrepreneurs might not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , although this directive does not include binding rules on consumer over - indebtedness , member states should be able to also apply the discharge provisions to consumers .


### to promote efficiency and reduce delays and costs , national preventive restructuring frameworks should include flexible procedures limiting the involvement of judicial or administrative authorities to where it is necessary and proportionate in order to safeguard the interests of creditors and other interested parties likely to be affected . to avoid unnecessary costs and reflect the early nature of the procedure , debtors should in principle be left in control of their assets and the day - to - day operation of their business . the appointment of a restructuring practitioner , whether a mediator supporting the negotiations of a restructuring plan or an insolvency practitioner supervising the actions of the debtor , should not be mandatory in every case , but made on a case - by - case basis depending on the circumstances of the case or on the debtor ' s specific needs . furthermore , there should not necessarily be a court order for the opening of the restructuring process which may be informal as long as the rights of third parties are not affected . nevertheless , a degree of supervision should be ensured when this is necessary to safeguard the legitimate interests of one or more creditors or another interested party . this may be the case , in particular , when a general stay of individual enforcement actions is granted by the judicial or administrative authority or where it appears necessary to impose a restructuring plan on dissenting classes of creditors . ### to promote efficiency and reduce delays and costs , national preventive restructuring frameworks should include flexible procedures limiting the involvement of judicial or administrative authorities to where it is necessary and proportionate in order to safeguard the interests of creditors and other interested parties likely to be affected . to avoid unnecessary costs and reflect the early nature of the procedure , debtors should in principle be left in control of their assets and the day - to - day operation of their business . the appointment of a restructuring practitioner , whether a mediator supporting the negotiations of a restructuring plan or an insolvency practitioner supervising the actions of the debtor , should not be mandatory in every case , as such a requirement may not always be relevant , necessary , useful or in the interest of the debtor , especially in straightforward cases with few creditors involved , and may impose a disproportionately high administrative burden on some jurisdictions . instead , it should be made on a case - by - case basis depending on the specific circumstances of the case or on the debtor ' s specific needs . furthermore , there should not necessarily be a court order for the opening of the restructuring process which may be informal as long as the rights of third parties are not affected . nevertheless , a degree of supervision should be ensured when this is necessary to safeguard the legitimate interests of one or more creditors or another interested party . this may be the case , in particular , when a general stay of individual enforcement actions is granted by the judicial or administrative authority or where it appears necessary to impose a restructuring plan on dissenting classes of creditors .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , national or international , public authorities and educational institutions and with workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european training foundation , eurofound and eu - osha . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , national or international , public authorities and educational institutions and with workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall plan and cooperate with other european union agencies aimed at preventing and avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european training foundation , eurofound and eu - osha .


### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner . ### by derogation from article 237 of the financial regulation , external experts may exceptionally be selected without a call for expressions of interest by&#160 ; an ad hoc panel representing all involved parties&#160 ; and&#160 ; if justified and the selection is carried out in a transparent and unanimous manner .


### the commission communication ‘ framework strategy for a resilient energy union with a forward - looking climate change policy’14 from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost solidarity and trust between the member states and should put in place the measures needed to achieve these aims , thus paving the way for implementing the energy union . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final . ### the commission communication ‘ framework strategy for a resilient energy union with a forward - looking climate change policy’14 from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost solidarity and trust between the member states and should put in place the measures needed to achieve these aims . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final .


### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings . ### as demonstrated by the october 2014 stress test , more efficient cooperation is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen cooperation . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be coordinated to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation for cooperative support - actions .


### each member state shall notify to the commission without delay the name of the competent authority and any changes thereto . each member state shall make the name of the competent authority public . ### each member state shall , without delay , notify to the commission the name of the competent authority and any changes thereto . each member state shall make the name of the competent authority public .


### each year , the administrative board shall adopt a programming document containing multi - annual and annual programming , based on a draft put forward by the director , taking into account the opinion of the commission and in relation to multiannual programming after consulting the european parliament . it shall forward it to the european parliament , the council and the commission no later than 31 january each year . ### each year , the administrative board shall adopt a draft programming document containing annual and multi - annual programming in line with article 32 of commission delegation regulation no 1271 / 2013 , based on a draft put forward by the director . the administrative board shall adopt the programming document taking into account the opinion of the commission , after having received the approval of the board of regulators for the annual work programme of the agency and in relation to multiannual programming after consulting the european parliament . it shall forward it to the european parliament , the council and the commission no later than 31 october each year .


### adopt , each year the draft programming document referred to in article 21 before its submission to the commission for its opinion , and shall , following the opinion of the commission and after having received approval by the board of regulators in accordance with article 23 , adopt the programming document of the agency by a two thirds majority its members and shall transmit it to the european parliament , the council and the commission . the work programme shall be adopted without prejudice to the annual budgetary procedure and shall be made public . ### adopt , each year by 31 january the draft programming document referred to in article 21 and submit it to the commission , the european parliament and the council . it shall , following the advice of the commission , and in relation to the multiannual programming after consulting the european parliament , and after having received approval by the board of regulators in accordance with article23 , adopt the programming document of the agency by a two thirds majority of its members and shall transmit it to the european parliament , the council and the commission by 31 october . the programming document shall be made public .


### in cases where the network codes and guidelines developed pursuant to chapter vii of [ recast electricity regulation as proposed by com 861 / 2 ] provide for the development of proposals for terms and conditions or methodologies for the implementation of those network codes and guidelines which require regulatory approval by all regulatory authorities or by all regulators of the concerned region , the terms and conditions or methodologies shall be submitted for revision and approval to the agency . before approving the terms and conditions or methodologies , the agency shall revise and change them where necessary in order to ensure that they are in line with the purpose of the network code or guideline and contribute to market integration , non - discrimination and the efficient functioning of the market . the procedure for the coordination of regional tasks in accordance with article 7 shall apply . ### in cases where the network codes and guidelines developed pursuant to chapter vii of regulation . . . / . . . of the european parliament and of the council [ proposed recast electricity regulation , cod0379 ] provide for the development of proposals for terms and conditions or methodologies for the implementation of those network codes and guidelines which require approval by the regulatory authorities of all member states , the proposed terms and conditions or methodologies shall be submitted for revision and approval to the agency . in cases where the network codes and guidelines developed pursuant to chapter vii of regulation . . . / . . . [ proposed recast electricity regulation , cod0379 ] provide for the development of proposals for joint regional terms and conditions or methodologies for the implementation of those network codes and guidelines which require approval by all regulatory authorities of the region concerned , the proposed terms and conditions or methodologies shall be notified to the agency . the agency shall decide on those terms and conditions or methodologies , in accordance with article 7 , and in the following circumstances : where the competent national regulatory authorities have not been able to reach agreement within the period specified in the relevant network codes and guidelines ; or upon the joint request from the competent national regulatory authorities ; or where the terms and conditions or methodologies have a tangible impact on the internal energy market , in particular in cases where an issue has significant relevance beyond the region concerned . before approving the terms and conditions or methodologies , the agency shall revise and change them where necessary in order to ensure that they are in line with the purpose of the network code or guidelines and contribute to market integration , non - discrimination , effective competition and the proper functioning of the market .


### provide opinions to the director on the opinions , recommendations and decisions referred to in articles 4 to 14 , which are considered for adoption . in addition , the board of regulators , within its field of competence , shall provide guidance to the director in the execution of his tasks , with the exception of decisions pursuant to article 16 of regulation 1227 / 200138 . __________________ 38 regulation 1227 / 2011 of the european parliament and of the council of 25 october on wholesale energy market integrity and transparency , oj l 326 , 8 . 12 . 2011 , p . 1 . ### provide opinions to the director on the all documents containing opinions , recommendations and decisions referred to in articles 3 to 11 and 14 , 16 and 30 , which are considered for adoption . the board of regulators may amend the opinions , recommendations and decisions drafted by the director pursuant to article 25 . in addition , the board of regulators , within its field of competence , shall provide guidance to the director and the agency working groups in the execution of his their tasks , with the exception of tasks pursuant to regulation 1227 / 201138 . __________________ 38 regulation 1227 / 2011 of the european parliament and of the council of 25 october on wholesale energy market integrity and transparency , oj l 326 , 8 . 12 . 2011 , p . 1 .


### fees shall be due to the agency for requesting an exemption decision pursuant to article 11 and for decisions on cross border cost allocation provided by the agency pursuant to article 12 of regulation no 347 / 201339 . __________________ 39 oj l 115 , 25 . 4 . 2013 , p . 39 . ### fees shall be due to the agency for the following : requesting an exemption decision pursuant to article 11 and taking decisions on cross border cost allocation provided by the agency pursuant to article 12 of regulation no 347 / 201339 ; requesting registration as reporting party pursuant to the third subparagraph of article 11 of commission implementing regulation no 1348 / 2014 and ongoing supervision of registered reporting parties by the agency ; overseeing the activities and the cooperation of transmission system operators , including through the entso for electricity . __________________ 39 oj l 115 , 25 . 4 . 2013 , p . 39 . 39a commission implementing regulation no 1348 / 2014 of 17 december 2014 on data reporting implementing article 8 and article 8 of regulation no 1227 / 2011 of the european parliament and of the council .


### in accordance with article 20 and article 25 and in line with the preliminary draft budget established in accordance with article 33 , approve the work programme of the agency for the coming year and present it by 1 september of each year for adoption by the administrative board . ### in accordance with article 20 and article 25 and in line with the provisional draft estimate established in accordance with article 33 to 33 , approve the annual work programme of the agency for the coming year and present it by 30 september of each year for adoption by the administrative board .


### be responsible for deciding whether it is necessary for the purpose of carrying out the agency ' s tasks in an efficient and effective manner to locate one or more staff in one or more member states for the purpose of carrying out the agency ' s tasks in an efficient and effective manner . the decision to establish a local office requires the prior consent of the commission , the administrative board and the member state or member states concerned . the decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the agency . ### be responsible for deciding whether it is necessary for the purpose of carrying out the agency ' s tasks in an efficient and effective manner to locate one or more staff in one or more member states for the purpose of carrying out the agency ' s tasks in an efficient and effective manner . the decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the agency .


### provide opinions to the director on the opinions , recommendations and decisions referred to in articles 4 to 14 , which are considered for adoption . in addition , the board of regulators , within its field of competence , shall provide guidance to the director in the execution of his tasks , with the exception of decisions pursuant to article 16 of regulation 1227 / 200138 . __________________ 38 regulation 1227 / 2011 of the european parliament and of the council of 25 october on wholesale energy market integrity and transparency , oj l 326 , 8 . 12 . 2011 , p . 1 . ### provide opinions to the director on the opinions , recommendations and decisions referred to in articles 4 to 14 , which are considered for adoption . in addition , the board of regulators , within its field of competence , shall provide guidance to the director in the execution of his or her tasks , with the exception of decisions pursuant to article 16 of regulation 1227 / 201138 . __________________ 38 regulation 1227 / 2011 of the european parliament and of the council of 25 october on wholesale energy market integrity and transparency , oj l 326 , 8 . 12 . 2011 , p . 1 .


### draft , adopt and publish opinions , recommendations and decisions . opinions , recommendations and decisions referred to in articles 3 to 11 and 14 , shall only be adopted if they have received a favourable opinion of the board of regulators ; ### draft , adopt and publish opinions , recommendations and decisions . opinions , recommendations and decisions referred to in articles 3 to 6 , 7a , and 7 , articles 8 to 11 and article 14 shall only be adopted if they have received a favourable opinion of the board of regulators ;


### the agency may establish local offices in the member states , subject to their consent and in accordance with article 25 . ### the agency may establish local offices in the member states , in accordance with article 25 .


### draft , adopt and publish opinions , recommendations and decisions . opinions , recommendations and decisions referred to in articles 3 to 11 and 14 , shall only be adopted if they have received a favourable opinion of the board of regulators ; ### draft , adopt and publish opinions , recommendations and decisions . opinions , recommendations and decisions referred to in articles 3 to 6 , article 7 and , articles 8 to 11 and article 14 shall only be adopted if they have received a favourable opinion of the board of regulators ;


### the administrative board shall adopt and publish internal rules of procedure for the functioning of the working groups . ### the director , after consulting the board of regulators , shall adopt and publish internal rules of procedure for the functioning of the working groups .


### provide opinions to the director on the opinions , recommendations and decisions referred to in articles 4 to 14 , which are considered for adoption . in addition , the board of regulators , within its field of competence , shall provide guidance to the director in the execution of his tasks , with the exception of decisions pursuant to article 16 of regulation 1227 / 200138 . __________________ 38 regulation 1227 / 2011 of the european parliament and of the council of 25 october on wholesale energy market integrity and transparency , oj l 326 , 8 . 12 . 2011 , p . 1 . ### amend and provide opinions to the director on opinions , recommendations and decisions referred to in articles 3 to 14 , which are considered for adoption . in its opinions , the board of regulators shall give utmost account to the recommendations of the director pursuant to art . 25c or give a statement of grounds as to why it does not . the board of regulators , within its field of competence , shall provide guidance to the director in the execution of his tasks , with the exception of decisions pursuant to article 16 of regulation 1227 / 201138 . __________________ 38 regulation 1227 / 2011 of the european parliament and of the council of 25 october on wholesale energy market integrity and transparency , oj l 326 , 8 . 12 . 2011 , p . 1 .


### the fees referred to in paragraph 1 shall be set by the commission . ### the fees referred to in paragraph 1 shall be set by the commission after consulting the agency .


### in accordance with article 20 and article 25 and in line with the preliminary draft budget established in accordance with article 33 , approve the work programme of the agency for the coming year and present it by 1 september of each year for adoption by the administrative board . ### in accordance with article 20 and article 25 and in line with the provisional draft estimate established in accordance with article 33 to 33 , approve the draft multi - annual and annual programming put forward by the director and the work programme of the agency for the coming year and present it by 1 september of each year for adoption by the administrative board .


### monitor wholesale markets , collect data and register market participants in accordance with article 7 to 9 of regulation 1227 / 201137 ; __________________ 37 regulation no 1227 / 2011 of the european parliament and of the council of 25 october 2011 on wholesale energy market integrity and transparency oj l 326 , 8 . 12 . 2011 , p . 1–16 . ### monitor wholesale markets , collect and share data and establish a european register of market participants in accordance with article 7 to 12 of regulation 1227 / 201137 ; __________________ 37 regulation no 1227 / 2011 of the european parliament and of the council of 25 october 2011 on wholesale energy market integrity and transparency oj l 326 , 8 . 12 . 2011 , p . 1–16 .


### in accordance with article 20 and article 25 and in line with the preliminary draft budget established in accordance with article 33 , approve the work programme of the agency for the coming year and present it by 1 september of each year for adoption by the administrative board . ### in accordance with article 20 and article25 and in line with the preliminary draft budget established in accordance with article 33 to , approve the annual work programme of the agency ) for the coming year and present it by 30 september of each year for adoption by the administrative board .


### the agency should exercise its decision - making powers in line with the principles of fair , transparent and reasonable decision - making . all procedural rules of the agency should be laid down in its rules of procedures . ### the agency should exercise its decision - making powers in line with the principles of fair , transparent and reasonable decision - making . all procedures of the agency should follow adequate rules of procedures . all procedural rules of the agency should be laid down in its rules of procedures .


### adopt , each year the draft programming document referred to in article 21 before its submission to the commission for its opinion , and shall , following the opinion of the commission and after having received approval by the board of regulators in accordance with article 23 , adopt the programming document of the agency by a two thirds majority its members and shall transmit it to the european parliament , the council and the commission . the work programme shall be adopted without prejudice to the annual budgetary procedure and shall be made public . ### adopt , each year by 31 january the draft programming document referred to in article 21 and submit it to the commission , the european parliament and the council . it shall , following the advice of the commission , and in relation to the multiannual programming after consulting the european parliament , and after having received approval by the board of regulators in accordance with article23 , adopt the programming document of the agency by a two thirds majority of its members and shall transmit it to the european parliament , the council and the commission by 31 october . the programming document shall be made public .


### in cases where the network codes and guidelines developed pursuant to chapter vii of [ recast electricity regulation as proposed by com 861 / 2 ] provide for the development of proposals for terms and conditions or methodologies for the implementation of those network codes and guidelines which require regulatory approval by all regulatory authorities or by all regulators of the concerned region , the terms and conditions or methodologies shall be submitted for revision and approval to the agency . before approving the terms and conditions or methodologies , the agency shall revise and change them where necessary in order to ensure that they are in line with the purpose of the network code or guideline and contribute to market integration , non - discrimination and the efficient functioning of the market . the procedure for the coordination of regional tasks in accordance with article 7 shall apply . ### in cases where the network codes and guidelines developed pursuant to chapter vii of regulation . . . / . . . of the european parliament and of the council [ proposed recast electricity regulation , cod0379 ] provide for the development of proposals for terms and conditions or methodologies for the implementation of those network codes and guidelines which require approval by the regulatory authorities of all member states , the proposed terms and conditions or methodologies shall be submitted for revision and approval to the agency . in cases where the network codes and guidelines developed pursuant to chapter vii of regulation . . . / . . . [ proposed recast electricity regulation , cod0379 ] provide for the development of proposals for joint regional terms and conditions or methodologies for the implementation of those network codes and guidelines which require approval by all regulatory authorities of the region concerned , the proposed terms and conditions or methodologies shall be notified to the agency . the agency shall decide on those terms and conditions or methodologies , in accordance with article 7 , and in the following circumstances : where the competent national regulatory authorities have not been able to reach agreement within the period specified in the relevant network codes and guidelines ; or upon the joint request from the competent national regulatory authorities ; or where the terms and conditions or methodologies have a tangible impact on the internal energy market , in particular in cases where an issue has significant relevance beyond the region concerned . before approving the terms and conditions or methodologies , the agency shall revise and change them where necessary in order to ensure that they are in line with the purpose of the network code or guidelines and contribute to market integration , non - discrimination , effective competition and the proper functioning of the market .


### monitor wholesale markets , collect data and register market participants in accordance with article 7 to 9 of regulation 1227 / 201137 ; __________________ 37 regulation no 1227 / 2011 of the european parliament and of the council of 25 october 2011 on wholesale energy market integrity and transparency oj l 326 , 8 . 12 . 2011 , p . 1–16 . ### monitor wholesale markets , collect and share data and register market participants in accordance with article 7 to 12 of regulation 1227 / 201137 ; __________________ 37 regulation no 1227 / 2011 of the european parliament and of the council of 25 october 2011 on wholesale energy market integrity and transparency oj l 326 , 8 . 12 . 2011 , p . 1–16 .


### member states shall , in their building regulations and codes or by other means with equivalent effect , require the use of minimum levels of energy from renewable sources in new buildings and in existing buildings that are subject to major renovation , reflecting the results of the cost - optimal calculation carried out pursuant to article 5 of directive 2010 / 31 / eu . member states shall permit those minimum levels to be fulfilled , inter alia , using a significant proportion of renewable energy sources . ### member states shall , in their building regulations and codes or by other means with equivalent effect , require the use of minimum levels of energy from renewable sources in new buildings and in existing buildings that are subject to major renovation , reflecting the results of the cost - optimal calculation carried out pursuant to article 5 of directive 2010 / 31 / eu . member states shall permit those minimum levels to be fulfilled , inter alia , through district heating and cooling produced using a significant proportion of renewable energy sources .


### demonstration projects and installations with an electricity capacity of less than 50 kw shall be allowed to connect to the grid following a notification to the distribution system operator . ### demonstration projects and installations with an electricity capacity of less than 50 kw shall be allowed to connect to the grid following a notification to the distribution system operator if this is possible without strengthening the network .


### ‘ renewable self - consumer’ means an active customer as defined in directive [ mdi directive ] who consumes and may store and sell renewable electricity which is generated within his or its premises , including a multi - apartment block , a commercial or shared services site or a closed distribution system , provided that , for non - household renewable self - consumers , those activities do not constitute their primary commercial or professional activity ; ### ' renewable self - consumer ' means an active customer as defined in directive [ mdi directive ] who consumes and may store and sell electricity which he self - generates within his premises on a same geographically confined site , without the use of the public grid ;


### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity . ### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a total rated thermal input equal to or exceeding 20 mw in case of solid biomass fuels and with a total rated thermal input capacity equal to or exceeding 2 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity .


### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account . ### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , from low carbon fuels , which are generated as an unavoidable and not intentional consequence of the manufacturing or production of products whose intended purpose is commercial use and / or sale , supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account .


### the permit granting process referred to in paragraph 1 shall not exceed a period of three years , except for the cases set out in article 16 and article 17 . ### member states shall ensure that applicants have access to simple , fair , transparent , independent , effective and efficient out - of - court dispute resolution mechanisms for the settlement of disputes concerning the permit granting process and the issuance of permit to build and operate plants for the production of energy from renewable energy sources .


### member states shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter . ### member states shall carry out an assessment of their potential of renewable energy sources which should include spatial analysis of areas suitable for low ecological risk deployment , and the potential for the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter .


### member states shall facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process , which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point . ### member states may facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process .


### member states shall open support for electricity generated from renewable sources to generators located in other member states under the conditions laid down in this article . ### member states may open support for electricity generated from renewable sources to generators located in other member states under the conditions laid down in this article .


### member states shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter . ### member states shall carry out an assessment of their sustainable potential of renewable energy sources which includes a spatial analysis of areas suitable for low ecological risk deployment , and the potential for the use of waste heat and cold for heating and cooling . that assessment shall be included in the second comprehensive assessment required pursuant to article 14 of directive 2012 / 27 / eu for the first time by 31 december 2020 and in the updates of the comprehensive assessments thereafter .


### member states shall facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process , which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point . ### member states may facilitate the repowering of existing renewable energy plants by , inter alia , ensuring a simplified and swift permit granting process , which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions and the necessarily territorial nature of certain contracts are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to television and radio programmes , including catch - up services , not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . this is a positive development and geo - blocking should not be the default position for all audiovisual content produced in the european union and transmitted online ; however the territorial funding model for european content is vital to the success of the european audiovisual media sector .


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the potential audience in the principal member state and any other member states concerned , and the language version .


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available occurring when providing an online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . any disputes over the exercise of these rights shall fall under the jurisdiction of that member state .


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users unaltered , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to television and radio , including catch - up services not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin .


### directive 2000 / 84 / ec is repealed with effect from 1 april 2019 . ### directive 2000 / 84 / ec is repealed with effect from 30 march 2020 .


### this directive should apply from 1 april 2019 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 31 march 2019 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner . ### this directive should apply from 30 march 2020 , so that the last summer - time period subject to the rules of directive 2000 / 84 / ec should start , in every member state , at 1 . 00 a . m . , coordinated universal time , on 30 march 2020 . member states that , after that summer - time period , intend to adopt a standard time corresponding to the time applied during the winter season in accordance with directive 2000 / 84 / ec should change their standard time at 1 . 00 a . m . , coordinated universal time , on 25 october 2020 , so that similar and lasting changes occurring in different member states take place simultaneously . it is desirable that member states take the decisions on the standard time that each of them will apply as from 2020 in a concerted manner .


### they shall apply those provisions from 1 april 2019 . ### they shall apply those provisions from 30 march 2020 .


### member states shall adopt and publish , by 1 april 2019 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 . ### member states shall adopt and publish , by 30 march 2020 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 .


### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2019 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . the member states shall notify this decision in accordance with article 2 . ### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2020 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 25 october 2020 . the member states shall notify this decision in accordance with article 2 .


### 2023 : 0 . 5 % ; ### 2023 : 1 . 5 % ;


### horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation . these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors . rules adopted on the basis of article 322 tfeu also concern the protection of the union’s budget in case of generalised deficiencies as regards the rule of law in the member states , as the respect for the rule of law is an essential precondition for sound financial management and effective eu funding . ### horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation . these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors .


### 2024 : 0 . 5 % ; ### 2024 : 2 % ;


### 2026 : 0 . 5 % ### 2026 : 2 . 5 %


### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 70 % . ### the co - financing rate for the cohesion fund at the level of each priority shall not be higher than 85 % .


### 2025 : 0 . 5 % ; ### 2025 : 2 . 5 % ;


### rules applicable for the transport sector under regulation [ new cef regulation ] shall apply to the specific calls referred to in the first subparagraph . until 31 december 2023 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund with regard to 70% of the resources transferred to the cef . ### rules applicable for the transport sector under regulation [ new cef regulation ] shall apply to the specific calls referred to in the first subparagraph .


### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , although this directive does not include binding rules on consumer over - indebtedness , member states should be able to also apply the discharge provisions to consumers . ### consumer over - indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang . furthermore , it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur . a second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures , with different access conditions and discharge periods , to discharge his business personal debts and his non - business personal debts . for these reasons , member states should be able to also apply the discharge provisions to consumers and establish single procedures for both professional and personal debts of the same person .


### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor ' s management as well as reporting duties under loan agreements . in addition , third parties with relevant information such as accountants , tax and social security authorities could be incentivised or obliged under national law to flag a negative development . ### the earlier the debtor can detect its financial difficulties and can take appropriate action , the higher the probability of avoiding an impending insolvency or , in case of a business whose viability is permanently impaired , the more orderly and efficient the winding - up process . clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action . therefore a system of early warning mechanisms should be established with indicators such as repeated delays with ordinary payments , and should be followed and monitored by , for example , tax and social security authorities , banks or energy providers .


### preventive restructuring frameworks shall be available on the application by debtors , or by creditors with the agreement of debtors . ### preventive restructuring frameworks shall be available on the application only by debtors .


### ' class formation ' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests , taking into account possible pre - existing entitlements , liens or inter - creditor agreements , and their treatment under the restructuring plan ; ### ' class formation ' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests , taking into account possible pre - existing entitlements , liens or inter - creditor agreements , and their treatment under the restructuring plan ; for the purposes of adopting a restructuring plan , creditors are divided into different ' classes of creditors ' as regulated by member states , where as a minimum , secured and unsecured claims are treated in separate classes ;


### has been approved by at least one class of affected creditors other than an equity - holder class and any other class which , upon a valuation of the enterprise , would not receive any payment or other consideration if the normal ranking of liquidation priorities were applied ; ### has been approved by those classes of the affected creditors representing the majority in amount of the claims , which would receive any payment or other consideration if the normal ranking of liquidation were applied .


### the tasks of the european asylum support office should be expanded , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among member states on asylum , promote union law and operational standards to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , monitor the operational and technical application of union law and standards as regards asylum , support the dublin system and provide increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . ### the tasks of the european asylum support office should be targeted , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen and encourage practical cooperation and information exchange on best practices among member states on asylum , promote union law and operational standards to ensure increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure , increased coordination between frontex and member states with a view to acting more effectively in the protection of the union’s external borders and with a view to preventing unmanageable situations of migratory pressure , strengthening the combating of trafficking in human beings and managing secondary movements in a regulated way .


### the registration of applications for international protection and , where requested by member states , the examination of such applications ; ### the registration of applications for international protection ;


### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time . ### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned , organise and coordinate together with the host member state concerned , a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time .


### the agency shall participate in the implementation of international agreements concluded by the union with third countries , within the framework of the external relations policy of the union , and regarding matters covered by this regulation . ### the agency shall promote and assist in the swift return of irregular migrants , advocate and participate in the implementation of international agreements concluded by the union with third countries , within the framework of the external relations policy of the union and using necessary incentives for compliance , and regarding matters covered by this regulation .


### where in the event of disproportionate pressure on the asylum or reception systems a member state does not request the agency for operational and technical assistance or does not accept an offer by the agency for such assistance or does not take sufficient action to address that pressure , or where it does not comply with the commission ' s recommendations referred to in article 15 , thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the ceas , the commission may adopt a decision by means of an implementing act , identifying one or more of the measures set out in article 16 to be taken by the agency to support the member state concerned . that implementing act shall be adopted in accordance with the examination procedure referred to in article 64 . ### where in the event of disproportionate pressure on the asylum or reception systems a member state does not request the agency for operational and technical assistance or does not accept an offer by the agency for such assistance or does not take sufficient action to address that pressure , or where it does not comply with the commission ' s recommendations referred to in article 15 , thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the ceas , the council may adopt a decision identifying one or more of the measures set out in article 16 to be taken by the agency to support the member state concerned .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3 000 employees , with a particular focus on innovative micro - , small - and medium - sized enterprises , through the supply of risk bearing capacity to the eib .


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


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 .


### by 30 june 2018 and every three years thereafter : ### by 30 june 2018 , two years thereafter and by 6 months from the date of termination of the agreement on efsi :


### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments . ### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments for the period 2015 - 2020 .


### the investment environment within the union should be improved by removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work . ### the investment environment within the union should be improved by removing barriers to investment , cutting the red tape and reducing administrative burdens , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### provisions of agreements imposing on traders obligations , in respect of passive sales within the meaning of regulation 330 / 2010 , to act in violation of this regulation shall be automatically null and void .


### each member state shall confer responsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and a trader arising from the application of this regulation . each member state shall designate a body or bodies responsible for that task . ### each member state shall designate a body or bodies responsible for providing practical assistance to consumers in the event of a dispute between a consumer and a trader arising from the application of this regulation .


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services are as much cultural services as they are economic services . their importance justifies the application of specific rules to these services . therefore , audio - visual services , including services the principle purpose of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments .


### the payee can request strong customer authentication by the payer pursuant to the directive 2015 / 2366 ; and ### authentication requirements are fulfilled pursuant to directive 2015 / 2366 ; and


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area where most barriers to trade have been removed and in which the free movement of , inter alia , people , goods and services is ensured , and in order to achieve the objectives set out in the digital market strategy , it is not sufficient to abolish , as between member states , only administrative red - tape . such abolition can be undermined by certain private parties putting in place obstacles that are inconsistent with the principles and freedoms of the internal market . that occurs where traders operating in one member state , in exceptional situations , unjustly block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . this practice undermines the core purpose of the internal market , lowers consumers ' options and the level of competition .


### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ### proposal for a regulation of the european parliament and of the council on addressing unjustified geo - blocking and other forms of discrimination based on consumers ' nationality , place of residence or temporary location within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### furthermore , that prohibition should not be understood as affecting the application of any territorial or other limitation on after sale customer assistance or after - sales services offered by the trader to the customer . nor should it be understood as entailing an obligation to cover any additional costs of postage and transport beyond the contractually agreed place of delivery where the consumer picked up the good , where pursuant to directive 1999 / 44 / ec of the european parliament and of the council1a the trader is to provide for , free of charge , repair or replacement of a defective good or where the trader is to bear the cost of returning such a good following the exercise of the consumer ' s right of withdrawal pursuant to directive 2011 / 83 / eu of the european parliament and of the council1b . this regulation should therefore not be understood as providing for an obligation to deliver goods cross - border to another member state where the trader would not otherwise offer the possibility of such delivery to its customers , nor for an obligation to accept to take back goods in another member state , or bear additional costs in this regard , where the trader would otherwise not be under such an obligation . _______________ 1a directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees . 1b directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights , amending council directive 93 / 13 / eec and directive 1999 / 44 / ec of the european parliament and of the council and repealing council directive 85 / 577 / eec and directive 97 / 7 / ec of the european parliament and of the council .


### by [ date : two years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments . ### by [ date : two years after the entry into force of this regulation ] and every three years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by preventing geo - blocking based , directly or indirectly , on the country of origin or place of residence of consumers . this regulation defines situations in which differences in conditions of access cannot be justified by objective criteria under the provisions of article 20 of directive 2006 / 123 / ec . insofar as the provisions of this regulation conflict with the provisions of article 20 of directive 2006 / 123 / ec , the provisions of this regulation shall prevail . article 20 of directive 2006 / 123 / ec continues to fully apply to situations that are not covered by this regulation and that fall within the scope of directive 2006 / 123 / ec .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking or limitation of access or the redirection is necessary in order for a trader or online marketplace to comply with a legal requirement in union law or in the laws of a member state in accordance with union law . the trader or the online marketplace shall justify the reasons for compliance in the language of the online interface that the consumer initially sought to access .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to or use of copyright protected works or other protected subject matter , or the selling of copyright protected works and other protected subject matter in an intangible form such as e - books and online music , provided that the trader has the requisite rights for the relevant territories . the evaluation should ensure consistency with the scope of directive 2006 / 123 / ec and take due account of the specificities of copyright - protected cultural goods and services .


### the payee can request strong customer authentication by the payer pursuant to the directive 2015 / 2366 ; and ### strong customer authentication pursuant to directive 2015 / 2366 is applied ; and


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . it can be provided in its general terms and conditions .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking or limitation of consumer ' s access to the trader ' s online interface or the redirection is necessary in order for a trader to comply with a legal requirement in union law or in the laws of member states in accordance with union law .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market by preventing unjustified discrimination based , directly or indirectly , on the nationality or place of residence of consumers and by defining situations where different treatment cannot be justified under article 20 of directive 2006 / 123 / ec .


### the instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks , as well as facilitating visa procedures for bona fide travellers . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world . the uniform implementation of the common visa policy and its modernisation should also be covered by the instrument . ### the instrument should contribute to the improvement of the efficiency of visa processing in terms of facilitating visa procedures for bona fide travellers and of detecting and assessing security and irregular migration risks . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world . the uniform implementation of the common visa policy and its modernisation should also be covered by the instrument , as should the issuance of humanitarian visas by member states and the implementation of any future european humanitarian visa scheme .


### the instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks , as well as facilitating visa procedures for bona fide travellers . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world . the uniform implementation of the common visa policy and its modernisation should also be covered by the instrument . ### the instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and illegal migration risks . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world .


### member states shall ensure that , where a worker has not received in due time all or part of the documents referred to in article 4 , article 5 , or article 6 , and the employer has failed to rectify that omission within 15 days of its notification , one of the following systems shall apply : ### member states shall ensure that , where an employee has not received in due time , as defined by national law and practice , all or part of the documents referred to in article 4 or article 5 , and the employer has failed to rectify that omission within 30 days of its notification , one of the following systems shall apply :


### workers whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients ' requests . ### employees whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the employee to respond to clients ' requests .


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment an employee is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to insert new rights for workers , in accordance with article 154 of the treaty . this did not result in any agreement among social partners to enter into negotiations on those matters . however , as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is important to take action at the union level in this area by modernising and adapting the current legal framework . ### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to insert new rights for employees , in accordance with article 154 of the treaty . this did not result in any agreement among social partners to enter into negotiations on those matters . however , as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is important to take action at the union level in this area by modernising and adapting the current legal framework .


### member states shall ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . ### member states shall ensure that employees with at least six months ' continuous service with the same employer may request a form of employment with more predictable and secure working conditions where available .


### directive 91 / 533 / eec introduced a minimum list of essential aspects on which workers have to be informed in writing . it is necessary to adapt that list in order to take account of developments on the labour market , in particular the growth of non - standard forms of employment . ### directive 91 / 533 / eec introduced a minimum list of essential aspects on which every paid employee having a contract or employment relationship defined by the law in force in a member state and / or governed by the law in force in a member state have to be informed in writing . it is necessary to adapt that list in order to take account of developments on the labour market .


### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 incompatibility clauses , understood as a restriction on working for specific categories of employers , may be necessary for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time . ### employers should not prohibit , prevent or hinder workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 member states may establish incompatibility clauses , understood as a restriction on working for specific categories of employers , for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time .


### workers posted or sent abroad should receive additional information specific to their situation . for successive work assignments in several member states or third countries , such as in international road transport , that information may be grouped for several assignments before the first departure and subsequently modified in case of change . where they qualify as posted workers under directive 96 / 71 / ec of the european parliament and of the council , 38 they should also be notified of the single national website developed by the host member state where they will find the relevant information on the working conditions applying to their situation . unless member states provide otherwise , these obligations apply if the duration of the work period abroad is more than four consecutive weeks . __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . ### information for posted employees should be consistent with the provisions of directive 96 / 71 / ec of the european parliament and of the council 38 __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services .


### the worker shall benefit from favourable presumptions defined by the member state . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period or that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; or ### where the information provided did not include the information referred to article 3 , the employee shall benefit from favourable presumptions defined by the member state . employers shall have the possibility to rebut the presumptions ; or


### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . ### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of employees , establish arrangements concerning the working conditions of employees which differ from those referred to in articles 7 to 11 .


### member states shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means . ### member states may develop templates and models for the document referred to in paragraph 1 and put them at the disposal of employees and employers including by making them available on a single official national website and by other suitable means .


### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 incompatibility clauses , understood as a restriction on working for specific categories of employers , may be necessary for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time . ### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them . it should be possible for member states to lay down conditions for the use of incompatibility restrictions , understood as restrictions on working for other employers , for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests .


### minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at union level in order to guarantee all workers in the union an adequate degree of transparency and predictability as regards their working conditions . ### while fully respecting the principles of subsidiarity and proportionality , minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every employee should therefore be established in order to guarantee all employees in the union an adequate degree of transparency and predictability as regards their working conditions .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that employees are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . some member states do not link employment protection to probationary periods . in such a case , it is important to allow for appropriate flexibility for an extension of a probationary period where an employer wishes to offer an extension as a ' second chance ' to the employee . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the employee , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young people .