### the member states and the commission shall implement the budget of the union allocated to the funds under shared management in accordance with article [ 63 ] of regulation [ number of the new financial regulation ] . ### the member states , in accordance with their institutional and legal framework , and the commission shall implement the budget of the union allocated to the funds under shared management in accordance with article [ 63 ] of regulation [ number of the new financial regulation ] .


### in order to optimise the added value from investments funded wholly or in part through the budget of the union , synergies should be sought in particular between the funds and directly managed instruments , including the reform delivery tool . those synergies should be achieved through key mechanisms , namely the recognition of flat rates for eligible costs from horizon europe for a similar operation and the possibility of combining funding from different union instruments in the same operation as long as double financing is avoided . this regulation should therefore set out rules for complementary financing from the funds . ### in order to optimise the added value from investments funded wholly or in part through the budget of the union , synergies should be sought in particular between the funds and directly managed instruments , by developing easy to use mechanisms , the promotion of multi - level governance solutions and strong policy coordination . those synergies should be achieved through key mechanisms , namely the recognition of flat rates for eligible costs from horizon europe for a similar operation and the possibility of combining funding from different union instruments in the same operation as long as double financing is avoided . this regulation should therefore set out rules for complementary financing from the funds , provided that excessive - risk operation should be avoided .


### complementarities between the funds and other union instruments , including life strategic integrated projects and strategic nature projects ; ### complementarities and synergies between the funds , including eafrd and interreg programmes , and other union instruments , including life strategic integrated projects and strategic nature projects ;


### a high - level resettlement committee shall be established , composed of representatives of the european parliament , the council , the commission , the high representative of the union for foreign affairs and security policy , and the member states . [ the european union agency for asylum , ] unhcr , and iom may be invited . representatives of iceland , liechtenstein , norway , and switzerland shall be invited to attend the meetings of the high - level resettlement committee where they have indicated their intention to be associated with the implementation of the annual union resettlement plan . ### a high - level resettlement committee shall be established , composed of representatives of the european parliament , the council , the commission , the high representative of the union for foreign affairs and security policy , and the member states . [ the european union agency for asylum , ] unhcr , and iom shall be invited . representatives of iceland , liechtenstein , norway , and switzerland shall be invited to attend the meetings of the high - level resettlement committee where they have indicated their intention to be associated with the implementation of the annual union resettlement plan .


### such a framework is a necessary part of a well - managed migration policy to reduce divergences among national resettlement practices and procedures , provide for the legal and safe arrival to the territory of the member states of third - country nationals and stateless persons in need of international protection , help reduce the risk of a large - scale irregular inflow of third - country nationals and stateless persons to the territory of the member states and thereby reducing the pressure of spontaneous arrivals on the member states ' asylum systems , be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , help achieve union ' s foreign policy objectives by increasing the union ' s leverage vis - à - vis third countries , and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries . ### such a framework is a necessary part of a well - managed migration policy to reduce divergences among national resettlement practices and procedures , provide for the legal and safe arrival to the territory of the member states of third - country nationals and stateless persons in need of international protection , help reduce the risk of a large - scale irregular inflow of third - country nationals and stateless persons to the territory of the member states and thereby reducing the pressure of spontaneous arrivals on the member states ' asylum systems , be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries .


### draft legislative resolution ### approves its statement annexed to this resolution ;


### for emergency , post - emergency or thematic actions , the commission may create , after informing the european parliament and the council , trust funds under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission decision establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors . ### for emergency , post - emergency or thematic actions , the commission may create , with the consent of the european parliament and the council , trust funds for external actions under an agreement concluded with other donors . in addition , the commission may create trust funds for specific thematic external actions under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission proposal establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors .


### support on - the - job trainings and traineeships for students , young entrepreneurs and graduates . ### support high quality continuous on - the - job trainings and traineeships for students , young entrepreneurs , the workforce and graduates .


### ensure a wide deployment of the latest cybersecurity solutions across the economy ; ### ensure a wide deployment of the latest cybersecurity solutions across the economy , with specific reference to public services and smes ;


### provide digital transformation services - including testing and experimentation facilities - targeted towards smes and midcaps , also in sectors that are slow in the uptake of digital and related technologies ; ### provide digital transformation services - including testing and experimentation facilities - targeted towards start - ups , smes and midcaps , especially in sectors that are slow in the uptake of digital and related technologies ;


### the commission ' s communication on ' a new , modern multiannual financial framework for a european union that delivers efficiently on its priorities post - 2020 ' 57 outlines among the options for the future financial framework a programme for europe ' s digital transformations to deliver ' strong progress towards smart growth in areas such as high quality data infrastructure , connectivity and cybersecurity ' . it would seek to secure european leadership in supercomputing , next generation internet , artificial intelligence , robotics and big data . it would reinforce the competitive position of industry and businesses in europe across the digitised economy and would have a significant impact on filling the skills gap across the union . _________________ 57 com 98 final . ### the commission ' s communication on ' a new , modern multiannual financial framework for a european union that delivers efficiently on its priorities post - 2020 ' 57 outlines among the options for the future financial framework a programme for europe ' s digital transformations to deliver ' strong progress towards smart growth in areas such as high quality data infrastructure , connectivity , cybersecurity and the digitisation of public administrations ' . it would seek to secure european leadership in supercomputing , next generation internet , artificial intelligence , robotics and big data . it would reinforce the competitive position of industry and businesses in europe across the digitised economy and would have a significant impact on bridging and filling the skills gap across the union . _________________ 57 com 98 final .


### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final ) ### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations , public administrations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open , transparent and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final )


### access to on the job training by taking part in traineeships in competence centres and companies deploying advanced technologies . ### access to on the ongoing job training by taking part in high quality paid traineeships in competence centres and companies deploying advanced technologies , for example though existing initiatives such as the ' digital opportunity traineeship ' ;


### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders and the workforce ; ### support the design and delivery of high - quality short - term trainings and courses , including blended learning , for teachers , trainers , entrepreneurs , including small business and start - ups leaders , self - employed and the workforce , as well as citizens of all ages in need of upskilling , including in the non - profit sector and cultural , creative , artistic and audiovisual organisations ;


### additional digital innovation hubs shall be selected on the basis of an open and competitive process , in such a way to ensure the widest geographical coverage across europe . the number of entities of the network shall be proportional to the population of a given member states and there shall be at least one digital innovation hub per member state . to address the specific constraints faced by the eu outermost regions , specific entities may be nominated to cover their needs . ### additional digital innovation hubs shall be selected on the basis of an open , transparent and competitive process , in such a way to ensure the widest geographical coverage across europe . the number of entities of the network shall be proportional to the population of a given member states and there shall be at least one digital innovation hub per member state , while taking into consideration the union ' s less advantaged regions , the demographic situation and the regional skills forecast needs . to address the specific constraints faced by the eu outermost regions , specific entities may be nominated to cover their needs .


### ' digital innovation hub ' means legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry . ### ' digital innovation hub ' means legal entity designated or selected in an open , transparent and competitive procedure , in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools , as well as specialised trainings in advance digital skills , to enable the digital empowerment of all european citizens and the digital transformation of the industry and public institutions .


### widen their diffusion and uptake in areas of public interest and the private sector . ### widen their diffusion and uptake in areas of public interest , supporting their digital transformation and the adoption of cutting - edge technologies , as well as in the private sector ;


### ensure that the public sector and areas of public interests , such as health and care , education , judiciary , transport , energy , environment , cultural and creative sectors , can deploy and access state - of - the - art digital technologies , in particular high performance computing , artificial intelligence and cybersecurity ; ### ensure that the public sector and areas of public interests , such as health and care , education , judiciary , transport , energy , environment , cultural and creative sectors , can effectively deploy and have the necessary skills through training to use state - of - the - art digital technologies , in particular high performance computing , language technology , artificial intelligence and cybersecurity ;


### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities to protect its citizens and businesses from cyber threats . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence . ### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities to protect citizens , public administrations and businesses from cyber threats . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence .


### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . ### berec shall contribute to the achievement of the objectives of national regulatory authorities and other competent authorities referred to in article 3 of the directive . in particular , berec shall cooperate with the nras to ensure a consistent regulatory approach for the implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , investment in , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union , including the long - term interests of consumers and businesses


### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 . ### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may , where appropriate , consult the relevant nras and relevant stakeholders and cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations .


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for animals examined by the veterinarian who issued the prescription and only for a diagnosed disease . the veterinarian who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### the prescription shall contain the information set out in annex v . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the person issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance . ### the prescription shall contain the information set out in annex v . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the veterinarian issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance .


### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits or to avoid to pay social security contributions , contrary to the law of a member state ; ### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits , to avoid paying social security contributions or to circumvent the membership rules of a member state’s social security scheme , contrary to the law of the member state , the basic regulation or the implementing regulation ;


### in paragraph 3 , the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “the end of the period of entitlement to benefits” . ### paragraph 3 is deleted .


### following the recommendations in the eu citizenship report 201335 , there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final . ### following the recommendations in the eu citizenship report 201335 , and in order to give tangible effect to the european social rights pillar35a in connection with active support for employment , there is a need to extend the duration of export of unemployment benefits until exhaustion of the rights acquired by the job seeker in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final . 35a see the european parliament resolution of 19 january 2017 on a european pillar of social rights .


### there is a need to ensure greater parity of treatment for frontier and cross - border workers by ensuring frontier workers receive unemployment benefits from the member state of last activity provided that they have worked in that member state for at least the past twelve months . ### there is a need to ensure greater parity of treatment for frontier and cross - border workers by ensuring frontier workers can choose where to receive unemployment benefits .


### when a person ' s rights or obligations to which the basic and implementing regulations apply have been established or determined , the competent institution may request the institution in the member state of residence or stay to provide personal data about that person . the request and any response shall concern information which enables the competent member state to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing regulation is based . the request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case . the request for information and any response must be necessary and proportionate . ### when a person ' s rights or obligations to which the basic and implementing regulations apply have been established or determined , the competent institution may request the institution in the member state of residence or stay to provide personal data about that person , while fully respecting privacy requirements . the request and any response shall be limited to information which enables the competent member state to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing regulation is based . the request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case . the request for information and any response must be justifiable , necessary and proportionate .


### when receiving such a request , the issuing institution shall reconsider the grounds for issuing the document and , if necessary , withdraw it or rectify it , within 25 working days from the receipt of the request . upon detection of an irrefutable case of fraud committed by the applicant of the document , the issuing institution shall withdraw or rectify the document immediately and with retroactive effect . ### when receiving such a request , the issuing institution shall reconsider the grounds for issuing the document and , if necessary , withdraw it or rectify it , within 15 working days from the receipt of the request . upon detection of an irrefutable case of fraud committed by the applicant of the document , the issuing institution shall withdraw or rectify the document immediately and with retroactive effect .


### following the recommendations in the eu citizenship report 2013 , 35 there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final . ### there is a need to extend the duration of export of unemployment benefits until exhaustion of the rights acquired by the job seeker in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for requalification and reintegration into the labour market and to address skills mismatches across borders . . __________________ 35 com 269 final .


### when a person ' s rights or obligations to which the basic and implementing regulations apply have been established or determined , the competent institution may request the institution in the member state of residence or stay to provide personal data about that person . the request and any response shall concern information which enables the competent member state to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing regulation is based . the request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case . the request for information and any response must be necessary and proportionate . ### when a person ' s rights or obligations to which the basic and implementing regulations apply have been established or determined , the competent institution may request the institution in the member state of residence or stay to provide personal data about that person . the request and any response shall be limited to information which enables the competent member state to identify any inaccuracy in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing regulation is based . the request can also be made where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case . the request for information and any response must be necessary and proportionate .


### where necessary for the exercise of legislative powers at national or union level , relevant information regarding the social security rights and obligations of the persons concerned shall be exchanged directly between the competent institutions and the labour inspectorates , immigration or tax authorities of the states concerned this may include the processing of personal data for purposes other than the exercise or enforcement of rights and obligations under the basic regulation and this regulation in particular to ensure compliance with relevant legal obligations in the fields of labour , health and safety , immigration and taxation law . further details shall be laid down by decision of the administrative commission . ### where necessary for the exercise of legislative powers at national or union level , relevant information regarding the social security rights and obligations of the persons concerned shall be exchanged directly between the competent institutions and the labour inspectorates , immigration or tax authorities of the states concerned , while ensuring full respect for privacy ; this may include the processing of personal data for purposes other than the exercise or enforcement of rights and obligations under the basic regulation and this regulation for the sole purpose of ensuring compliance with relevant legal obligations in the fields of labour , health and safety , immigration and taxation law . further details shall be laid down by decision of the administrative commission .


### the commission may , by means of implementing acts , establish a list of veterinary medicinal products authorised in the union for use in terrestrial animals which can be used for treatment of food - producing animals of an aquatic species in accordance with paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 145 . ### the commission may , by means of implementing acts , establish a list of veterinary medicinal products authorised in the union for use in terrestrial animals which can be used for treatment of food - producing animals of an aquatic species in accordance with paragraph 1 . this provision is strictly limited to closed aquatic systems with specific waste water treatment facilities . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 145 .


### requirement to use take - back schemes for veterinary medicinal products for the disposal of unused veterinary medicinal products or waste materials derived from the use of such products and , if appropriate , additional precautions as regarding hazardous waste disposal of unused veterinary medicinal products or waste materials derived from the use of such products ; ### specific precautions relating to the disposal of unused veterinary medicinal products or waste materials derived from the use of such products and , if appropriate , a reference to any appropriate collection system in place ;


### where a variation is approved in accordance with article 65 extending the marketing authorisation to a another species not listed in article 34 , the period of the protection provided for in article 34 shall be prolonged by 4 years . ### where a variation is approved in accordance with article 65 extending the marketing authorisation to a another species not listed in article 34 , the period of the protection provided for in article 34 shall be prolonged by 6 years .


### - their year of birth , ### - their date of birth ,


### the power to adopt delegated acts referred to in articles 9 and 12 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force ] . ### the power to adopt delegated acts referred to in articles 9 and 12 shall be conferred on the commission for a period of five years , which may be extended , from [ the date of entry into force ] .


### in as much as measures entail the processing of personal data , those shall be carried out in accordance with union law on the protection of personal data20 . in particular , personal data collected for the purposes of directive 98 / 41 / ec should not be processed and used for any other purpose and should not be retained longer than necessary for the purposes of directive 98 / 41 / ec as specified therein . __________________ 20 in particular regulation no xxx / 2016 of xxx of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . ### in as much as measures entail the processing of personal data , those shall be carried out in accordance with union law on the protection of personal data20 . in particular , personal data collected for the purposes of directive 98 / 41 / ec should not be processed or used for any other purpose , should not be retained longer than necessary for the purposes of directive 98 / 41 / ec as specified therein , and should be destroyed automatically . __________________ 20 in particular regulation no xxx / 2016 of xxx of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data .


### in as much as measures entail the processing of personal data , those shall be carried out in accordance with union law on the protection of personal data20 . in particular , personal data collected for the purposes of directive 98 / 41 / ec should not be processed and used for any other purpose and should not be retained longer than necessary for the purposes of directive 98 / 41 / ec as specified therein . _________________ 20 in particular regulation no xxx / 2016 of xxx of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . ### in as much as measures entail the processing of personal data , those shall be carried out in accordance with union law on the protection of personal data20 . in particular , personal data collected for the purposes of directive 98 / 41 / ec should not be processed and used for any other purpose , should not be retained longer than necessary for the purposes of directive 98 / 41 / ec as specified therein , and should subsequently be destroyed . _________________ 20 in particular regulation no xxx / 2016 of xxx of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data .


### the prima - is shall be governed by the general assembly , in which all participating states are represented . the general assembly shall be the decision - making body of prima - is . ### the prima - is shall be governed by the general assembly , in which all participating states are represented . the general assembly shall be the decision - making body of prima - is . the general assembly shall ensure that the european parliament is regularly informed and updated on the prima programme .


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications services , including voice - to - voice calls , automated calling and communications systems , including semi - automated systems that connect the call person to an individual , faxes , e - mail or other use of electronic communications services for the purposes of presenting unsolicited or direct marketing communications to end - users , shall be allowed only in respect of end - users who have given their prior consent .


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ' direct marketing communications ' means any form of advertising , whether in written , audio , video , oral or any other format , sent , broadcast , served or presented to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ;


### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content . ### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . it should also include location data , such as for example , the actual or inferred location of the terminal equipment , the location of the terminal equipment from or to which a phone call or an internet connection has been made , or the wi - fi hotspot that a device is connected to , as well as data necessary to identify end - users ' terminal equipment . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service ; therefore , such type of services also having a communication functionality should be covered by this regulation . __________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) . ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service , such as internal messaging , newsfeeds , timelines and similar functions in online services where messages are exchanged with other users within or outside that service ; therefore , such type of services also having a communication functionality should be covered by this regulation . __________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 , in 2024 and every five years thereafter , the commission shall submit a report to the european parliament and to the council on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the long - term goals of the paris agreement , and may make proposals if appropriate to update this regulation and its ambition in line with developments that emerge from the facilitative dialogue under unfccc and the latest scientific findings .


### member states that have chosen to include managed wetland in the scope of their commitments in accordance with article 2 shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and / or from 2026 to 2030 minus the value obtained by multiplying by five the member state’s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 . ### member states shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and / or from 2026 to 2030 minus the value obtained by multiplying by five the member state ' s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 .


### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five its forest reference level . a forest reference level is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the periods from 2021 to 2025 and from 2026 to 2030 . ### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five annual average emissions and removals in the forest reference period . a forest reference period is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the periods from 1990 to 2009 .


### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five its forest reference level . a forest reference level is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the periods from 2021 to 2025 and from 2026 to 2030 . ### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five annual average emissions and removals in the forest reference period . a forest reference period is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the period from 1990 to 2009 .


### by derogation from the requirement to apply the default value established in article 5 , a member state may transition cropland , grassland , wetland , settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 30 years from the date of conversion . ### the commission may grant a derogation from the requirement to apply the default value established in article 5 , on the basis of a written application submitted by a member state including a scientific assessment justifying the transition of cropland , grassland , wetland , settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 30 years from the date of conversion . a derogation shall only be granted if the member state demonstrates that this derogation is based on the ipcc guidelines and has been approved by an expert review team . the member state must demonstrate that the rotation length is at least double the length of the maximum transition period , in this case 60 years .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### the commission shall review the ambition of this proposal after the 2018 facilitative dialogue . it shall report to the european parliament and to the council by 28 february 2024 and every two years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the long - term goals of the paris agreement , and may make proposals if appropriate .


### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of sustainability . ### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact , as well as their coordination , consistency , and additionality with other union policies and instruments . european structural and investment funds should not contribute to the support of the efsi in any way . such evaluations should contribute to accountability and analysis of sustainability .


### an assessment of the quality of eib financing and investment operations ; ### an assessment of the quality and effectiveness of eib financing and investment operations , with a special focus on the results achieved ;


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . ### member states may not use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee .


### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory . ### member states , regions and local authorities shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory .


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . ### member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee , in line with the objectives , principles and rules under the legal framework applicable to those funds , and with the partnership agreements and relevant programmes .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness especially in the regions characterised by a high rate of unemployment and by geographical disadvantages . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance . they will be appointed upon proposal of the steering board and approval of the european parliament by absolute majority of its votes for a renewable fixed term of three years .


### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 , irrespective of their geographic location . ### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and via an internet access service provided in accordance with regulation no 2015 / 2120 of the european parliament and of the council , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation only if they cannot ensure a controlled environment and their services do not have a definable number of users .


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


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


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , as well as via the open internet as long as the number of users is definable , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 .


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### at the stage of the safeguard procedure , measures requested shall be considered to be provisional measures , subject to the following : the suppliers concerned and member states may raise justified objections ; the market surveillance authorities and the commission shall keep the proceedings confidential , with the exception of the measures implemented on the market .


### where , within 60 days of receipt of the information referred to in paragraph 5 , no objection has been raised by either a member state or the commission in respect of a provisional measure taken by a member state , that measure shall be deemed justified . ### where a national provisional measure has been adopted , the member states concerned shall , within 60 days of receipt of the information referred to in paragraph 5 either : where the measure is deemed to be justified adopt parallel measures in accordance with paragraph 9a ; further investigate the measure where : a reasoned objection is raised by the supplier concerned or by member states ; or the commission considers the provisional measure to be contrary to union law .


### the manner in which the label and technical information are to be provided in the case of distance selling ; ### regarding conformity assessment procedures : the rules for specific application to the product group of the general conformity assessment framework ; the specific verification tolerances to be applied to the product characteristics for conformity assessment ;


### request the label or a rescaled label from the supplier ; ### print out the label or rescaled label from the product database referred to in article 8 ;


### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for an indeterminate period of time from the date of application of this regulation . ### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for a period of six years from the date of application of this regulation . it can be renewed for an additional maximum of eight years following the assessment and evaluation exercise referred to in article 14 .


### the commission shall establish and maintain a product database including the information referred to in annex i . the information listed under point 1 of annex i shall be made publicly available . ### the commission shall establish and maintain a single union product database including the information referred to in annex i . that database shall have public and reserved sections , depending on the type of information . its structure shall contain at least a product - specific section , where information will be organised in fields assigned to every single product model , and a general section , where information can be stored according to different criteria . the interface with the public shall follow the same structural principle , channelling the product - specific information through single , easily identifiable sections . the information listed under point 1 of annex i shall be made publicly available through the database , as machine readable open data .


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the choice of citizens of the union in favour of those products which consume less energy and other essential resources during use , therefore having reduced life - cycle costs . a standard mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet , referred to as ' product fiche ' in the delegated acts adopted pursuant to directive 2010 / 30 / eu , including a mandatory energy section that explains to potential customers the relative impact of savings for some representative patterns of use in a simple and understandable way . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the relative energy efficiency of products within the corresponding product group . a classification using letters from a to g and an established set of colours has been shown to be most effective for orienting customer choices , and it is already well known by citizens . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into one or more of the lower classes , the label should clearly convey that information .


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by developing and placing on the market ever more efficient products , and in parallel , by discontinuing the production and withdrawing from the market the less efficient products , thanks to the stimulus provided by the relevant ecodesign legislation . this on - going technological development leads to product models populating mainly the highest classes of the energy label scale . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling , the appropriate triggers should be linked both to market and technology , leading to a rescaling delay indicatively no longer than ten years . this approach should avoid unnecessary or inefficient rescaling that would damage both manufacturers and consumers .


### in order to ensure legal certainty , it is necessary to clarify that rules on union market surveillance and control of products entering the union market provided for in regulation no 765 / 2008 of the european parliament and of the council21 apply to energy - related products . given the principle of free movement of goods , it is imperative that the market surveillance authorities of the member states cooperate with each other effectively . such cooperation on energy labelling should be reinforced through support by the commission . __________________ 21 oj l 218 , 13 . 8 . 2008 , p . 30 . ### in order to ensure legal certainty , it is necessary to clarify that rules on union market surveillance and control of products entering the union market provided for in regulation no 765 / 2008 of the european parliament and of the council 21 apply to energy - related products . given the principle of free movement of goods , it is imperative that the market surveillance authorities of the member states cooperate with each other effectively , through timely exchanges of information , about testing compliance , placement of product models on national markets or withdrawal from it , as well as ascertained cases of non - compliance with this regulation and the delegated acts adopted pursuant to article 13 . furthermore , authorities of the member states in charge of the control of products entering the union market should be involved in the exchange of information on products manufactured in third countries and made available on the union ' s market . such cooperation on energy labelling should be reinforced through support by the commission . __________________ 21 regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 93 .


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ' energy - related product ' means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union ;


### where the market surveillance authorities of one member state have sufficient reason to believe that an energy - related product covered by a delegated act under this regulation presents a risk to aspects of public interest protection covered by this regulation , they shall carry out an evaluation in relation to the energy - related product concerned covering all the requirements laid down in this regulation and its relevant delegated acts . the supplier shall cooperate as necessary with the market surveillance authorities for that purpose . ### where the market surveillance authorities of one or more member states have sufficient reason to believe that an energy - related product model covered by a delegated act under this regulation presents a risk to aspects of public interest protection covered by this regulation : the market surveillance authorities shall immediately notify the commission and carry out , within 30 days , an urgent evaluation in relation to the energy - related product model concerned and its equivalents ; the evaluation referred to in point shall cover all the requirements laid down in this regulation and its relevant delegated acts ; the supplier shall cooperate as necessary with the market surveillance authorities for that purpose ; the market surveillance authorities shall also assess whether other product models from the same or different suppliers which could share the components or technological solutions at the source of the risk identified may be affected by the same circumstances , and shall adopt proportionate measures concerning such product models ; where the possible risk has been reported through a complaint pursuant to point of article 4 , the market surveillance authorities shall respond within three weeks of receipt of the complaint , and inform the complainant of the action taken and the reasons therefor .


### there shall be no significant negative impact as regards the affordability and the life cycle cost of the product group . ### the introduction of energy labelling shall not have a significant negative impact on the functionality of the products from the user’s perspective ;


### advances in digital technology allow for alternative ways of delivering and displaying labels electronically , such as on the internet , but also on electronic displays in shops . in order to take advantage of such advances , this regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label . in cases where it is not feasible to display the energy label , such as certain forms of distance selling and in advertisements and technical promotional material , potential customers should be provided at least with the energy class of the product . ### advances in digital technology allow for alternative ways of delivering and displaying labels electronically , such as on the internet , but also on electronic displays in shops . such advances would also allow citizens to access on the spot and at any moment the energy efficiency label of all appliances covered by this regulation and the delegated acts adopted pursuant to article 13 , as well as its product information sheet by using the related application . in order to take advantage of such advances , this regulation should allow the use of electronic labels as replacement of the printed energy label , or a complement to it . in cases where it is not feasible to display the whole energy label or to directly link to it , such as certain forms of distance selling and of advertisements and technical promotional material , potential customers should be provided at least with the energy class of the product model and elements allowing them to easily get direct on - line access to the energy efficiency label and the product information sheet , such as quick response code and uniform resource locator and other user - oriented tools .


### test report or similar technical evidence enabling compliance with all requirements in the applicable delegated act to be assessed ; ### test report or similar technical evidence enabling compliance with all requirements in the relevant delegated act to be assessed ;


### however , article 3 shall apply from 1 january 2019 . ### point of article 3 shall apply from the date established in the relevant delegated act concerning the product database as of article 8indicatively no later than 1 july 2018 .


### where , in the course of that evaluation , the market surveillance authorities find that the energy - related product does not comply with the requirements laid down in this this regulation and its relevant delegated acts , they shall without delay require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , to withdraw the energy - related product from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as they may prescribe . article 21 of regulation no 765 / 2008 shall apply to the measures referred to in this paragraph . ### where , in the course of that evaluation , it is found that an energy - related product model does not comply with the requirements laid down in this regulation and its relevant delegated acts , the market surveillance authorities shall : require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , without delay ; ensure that the corrective action prescribed is proportionate to the nature of the risk ; establish a reasonable deadline by which the supplier is obliged to implement the corrective action ; decide at their discretion whether the corrective action can be accompanied by , or consist entirely of , restrictive measures aiming to withdraw the energy - related product from the market , or to recall it , in accordance article 21 of regulation no 765 / 2008 ; address both corrective actions and restrictive measures also to the equivalent models available on the market ; use the product database established in accordance with article 8 to determine any other national markets where the product model or its equivalents are available ; immediately notify the commission and the other member states of the results of the evaluation , the corrective actions or restrictive measures which they have required the supplier to take .


### the supplier shall ensure that all appropriate corrective action is taken in respect of all the energy - related products concerned that it has made available on the market throughout the union . ### where the supplier is able to circumscribe the risk to a specific segment of the product population , with the help of its own management system , the supplier may , provided that its analysis is duly justified , ask the market surveillance authority to take into consideration such limitations in order to establish corrective actions or restrictive measures tailored to such a segment . in such a case , the market surveillance authority shall retain full discretionary power in accordance with paragraph 2 .


### they shall not , for products covered by this regulation , provide or display other labels , marks , symbols or inscriptions which do not comply with the requirements of this regulation and of the relevant delegated acts , if this is likely to mislead or confuse customers with respect to the consumption of energy or other resources during use ; ### they shall not , for any product , provide or display other labels which can be confused with the energy efficiency label established by this regulation but they may add , on a voluntary basis and separately from the label , clearly differentiated marks , symbols or inscriptions with the sole purpose of giving supplementary information with respect to the consumption of energy or other resources during use .


### where appropriate prior to the adoption of delegated acts , the commission shall test the design and content of the labels for specific product groups with consumers to ensure their clear understanding of the labels . ### where appropriate , prior to the adoption of delegated acts supplementing this regulation , the commission shall test the design and content of the labels for specific product groups with appropriate samples of union consumers to ensure their clear understanding of the labels .


### where , within 60 days of receipt of the information referred to in paragraph 5 , no objection has been raised by either a member state or the commission in respect of a provisional measure taken by a member state , that measure shall be deemed justified . ### where a national provisional measure has been adopted , the member states concerned shall , within 60 days of receipt of the information referred to in paragraph 5 either : where the measure is deemed to be justified adopt parallel measures in accordance with paragraph 9a ; further investigate the measure where : a reasoned objection is raised by the supplier concerned or by member states ; or the commission considers the provisional measure to be contrary to union law .


### they shall not , for products covered by this regulation , provide or display other labels , marks , symbols or inscriptions which do not comply with the requirements of this regulation and of the relevant delegated acts , if this is likely to mislead or confuse customers with respect to the consumption of energy or other resources during use ; ### they shall not , for any product , provide or display other labels which can be confused with the energy efficiency label established by this regulation , but they may include , on a voluntary basis , clearly differentiated basis marks , symbols or inscriptions with the sole purpose of giving supplementary information with respect to the consumption of energy or other resources during use .


### the manner in which the label and technical information are to be provided in the case of distance selling ; ### regarding conformity assessment procedures : the rules for specific application to the product group of the general conformity assessment framework ; the specific verification tolerances to be applied to the product characteristics for conformity assessment ;


### where , on completion of the procedure set out in paragraphs 4 and 5 , objections are raised against a measure taken by a member state , or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states and the supplier and shall evaluate the national measure . on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not . ### the commission shall make public the final outcome of the union safeguard procedure on a dedicated page of the product database established pursuant to article 8 , in order to inform all stakeholders , in accordance with the guarantees established by article 19 of regulation no 765 / 2008 .


### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for an indeterminate period of time from the date of application of this regulation . ### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for a period of six years from the date of application of this regulation . it can be renewed for an additional maximum of eight years following the assessment and evaluation exercise referred to in article 14 .


### they shall make reference to the energy efficiency class of the product in any advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act ; ### they shall reproduce the full energy label or make reference to the energy efficiency class and to other environmental and performance information indicated on the energy label of the product model in any advertisement or technical promotional material concerning the model , in accordance with the relevant delegated act ;


### improving the efficiency of energy - related products through informed consumer choice benefits the union economy overall , drives innovation and will contribute to the achievement of the union ' s 2020 and 2030 energy efficiency targets . it will also allow consumers to save money . ### improving the efficiency of energy - related products through informed consumer choice and enhancing social awareness benefits the union economy overall , drives innovation and will contribute to the achievement of the union ' s 2020 and 2030 energy efficiency targets . the efficiency improvement will also allow consumers to save money , since the life - cycle costs of the energy - related products they use are expected to decrease . in turn , those savings in consumers ' energy bills will contribute to addressing the issue of energy poverty , and will make individual resources available to alternative ways for savings and investments , ultimately increasing the overall prosperity of the citizens of the union .


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the choice of citizens of the union in favour of those products which consume less energy and other essential resources during use , therefore having reduced life - cycle costs . a standard mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet , referred to as ' product fiche ' in the delegated acts adopted pursuant to directive 2010 / 30 / eu , including a mandatory energy section that explains to potential customers the relative impact of savings for some representative patterns of use in a simple and understandable way . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the relative energy efficiency of products within the corresponding product group . a classification using letters from a to g and an established set of colours has been shown to be most effective for orienting customer choices , and it is already well known by citizens . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into one or more of the lower classes , the label should clearly convey that information .


### the commission may , by means of delegated acts adopted pursuant to articles 12 and 13 , introduce labels or rescale existing labels . ### labels are the essential tool for conveying to the prospective customer , all over the union market , the core information about energy efficiency and other characteristics established by this regulation and by the delegated acts adopted pursuant to article 13 . labels shall have a standard design and layout , including colours , and standard dimensions .


### the commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy - related products for which an energy label could be established . the working plan should be implemented starting with a technical , environmental and economic analysis of the product groups concerned . this analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy - related product , such as its absolute energy consumption , durability or environmental performance , in coherence with the objective to promote a circular economy . such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers . ### the commission should develop and maintain a comprehensive working plan covering all activities related to the development of this regulation . a relevant part of it should be devoted to the initial revision and subsequent rescaling of labels of particular product groups , including an indicative list of further energy - related product groups for which an energy efficiency label could be established for the first time . the working plan should be implemented starting with a technical , environmental and economic analysis of the product groups concerned . this analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy - related product model , such as its absolute energy consumption for some representative patterns of use , its life - cycle cost , its maintainability , durability or environmental performance , in coherence with the objective to promote a circular economy . such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on the citizens of the union .


### the content and , where appropriate , the format and other details concerning the technical documentation and product information sheet ; ### an assessment of the past technological evolution of the specific group , and of criteria that shall be taken into consideration for its future assessment , in the frame of the rescaling procedure laid down in article 7c ;


### no later than eight years after the entry into force , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business . ### by … [ six years after the entry into force of this regulation ] , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business .


### the class and other parameters on the label ; ### the energy efficiency class and other parameters on the label ;


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during their intended use and throughout their life - cycle . that framework also covers supplementary information concerning the environmental and performance characteristics of energy - related products .


### the technical documentation specified in the applicable delegated act ; ### the sections of the technical documentation specified as reserved in the relevant delegated act ;


### where the supplier does not take adequate corrective action within the period referred to in the paragraph 2 , the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the energy - related product ' s being made available on their national market , to withdraw the energy - related product from that market or to recall it . the market surveillance authorities shall inform the commission and the other member states , without delay , of those measures . ### where the supplier does not implement the corrective actions or restrictive measures within the deadline referred to in paragraph 2 , the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the energy - related product ' s being made available on their national market , to withdraw the energy - related product from that market or to recall it . the market surveillance authorities shall immediately notify the commission and the other member states of those measures .


### where , in the course of that evaluation , the market surveillance authorities find that the energy - related product does not comply with the requirements laid down in this this regulation and its relevant delegated acts , they shall without delay require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , to withdraw the energy - related product from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as they may prescribe . article 21 of regulation no 765 / 2008 shall apply to the measures referred to in this paragraph . ### where , in the course of that evaluation , it is found that an energy - related product model does not comply with the requirements laid down in this regulation and its relevant delegated acts , the market surveillance authorities shall : require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , without delay ; ensure that the corrective action prescribed is proportionate to the nature of the risk ; establish a reasonable deadline by which the supplier is obliged to implement the corrective action ; decide at their discretion whether the corrective action can be accompanied by , or consist entirely of , restrictive measures aiming to withdraw the energy - related product from the market , or to recall it , in accordance article 21 of regulation no 765 / 2008 ; address both corrective actions and restrictive measures also to the equivalent models available on the market ; use the product database established in accordance with article 8 to determine any other national markets where the product model or its equivalents are available ; immediately notify the commission and the other member states of the results of the evaluation , the corrective actions or restrictive measures which they have required the supplier to take .


### they shall display in a visible manner the label provided by the supplier or otherwise made available for a product covered by a delegated act ; ### they shall display in a visible and prominent manner the label , printed or electronic , provided by the supplier or otherwise made available for a product model covered by a delegated act ;


### request the label or a rescaled label from the supplier ; ### print out the label or rescaled label from the product database referred to in article 8 ;


### they shall not , for products covered by this regulation , provide or display other labels , marks , symbols or inscriptions which do not comply with the requirements of this regulation and of the relevant delegated acts , if this is likely to mislead or confuse customers with respect to the consumption of energy or other resources during use ; ### they shall not , for any product , provide or display other labels which can be confused with the energy efficiency label established by this regulation , but they may include , on a voluntary basis , clearly differentiated basis marks , symbols or inscriptions with the sole purpose of giving supplementary information with respect to the consumption of energy or other resources during use .


### ' rescale ' means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product , which , for existing labels may imply the deletion of certain energy classes ; ### ' rescale ' means a periodic exercise , covering a specific product group , intended to make more stringent the requirements for achieving the energy class on a label for a particular energy - related product ;


### the commission shall support cooperation and exchange of information on market surveillance of energy labelling of products among national authorities of the member states responsible for market surveillance or external border controls and between such authorities and the commission . ### the commission shall support and coordinate cooperation and exchange of information on market surveillance of energy labelling regarding product groups covered by this regulation and the delegated acts adopted pursuant to article 13 as follows :