### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content not being in conformity with the contract . the supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer ' s digital environment with the technical requirements for the digital content . therefore in case of a dispute it should be for the supplier to prove that the digital content is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content is not in conformity with the contract . ### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content or service not being in conformity with the contract . the supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer ' s digital environment with the technical requirements for the digital content . therefore in case of a dispute it should be for the supplier to prove that the digital content or service is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content or service . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content or service is not in conformity with the contract .


### as a second step , the consumer should be entitled to have the price reduced or the contract terminated . the right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non - conformity impairs the main performance features of the digital content . where the consumer terminates the contract , the supplier should reimburse the price paid by the consumer or , where the digital content is supplied not in exchange for a price but against access to data provided by the consumer , the supplier should refrain from using it , from transferring that data to third parties or allowing third parties to access it after termination of the contract . fulfilling the obligation to refrain from using data should mean in the case when the counter - performance consists of personal data , that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person . without prejudice to obligations of a controller under directive 95 / 46 / ec the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content . ### as a second step , the consumer should be entitled to have the price reduced or the contract terminated . the right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content or service to conformity is not possible and the non - conformity impairs the main performance features of the digital content . where the consumer terminates the contract , the supplier should reimburse the price paid by the consumer or , where the digital content or service is supplied not in exchange for a price but against access to data provided by the consumer , the supplier should refrain from using it , from transferring that data to third parties or allowing third parties to access it after termination of the contract . fulfilling the obligation to refrain from using data should mean in the case when the counter - performance consists of personal data , that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person . without prejudice to obligations of a controller under directive 95 / 46 / ec the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content .


### fully harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content cross - border . they will have a stable contract law environment when selling online and otherwise at a distance to other member states . fully harmonised rules specific for digital content throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content . ### fully harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content and digital services cross - border . they will have a stable and uniform contract law environment when selling online and otherwise at a distance to other member states . fully harmonised rules specific for digital content and digital services throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content and / or digital services . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content and digital services .


### differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstacles which hinder the development of the supply of digital content , as very few tailor - made rules exist at union level . businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when selling digital content across borders . businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content are already emerging in several member states , creating differences in scope and content between specific national rules governing these contracts . in those member states where there are not yet specific rules for the supply of digital content , traders willing to sell cross - border face uncertainty , as they will often not know which rules apply to digital content in the member state they want to export to , nor the content of those rules and whether they are mandatory . ### differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstacles which hinder the development of the supply of digital content or digital services , as very few tailor - made rules exist at union level . businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when supplying digital content or digital services across borders . businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content or digital services of member states where such rules already exist . the emergence of such rules results in differences in scope and content between specific national rules governing these contracts . in those member states where there are not yet specific rules for the supply of digital content or digital services , suppliers willing to supply cross - border face uncertainty , as they will often not know which rules apply to digital content or digital services in the member state they want to supply to , nor the content of those rules and whether they are mandatory .


### in order to ensure a common set of rights for consumers and a level playing field for business , consumers should have the same remedies for digital content which is not in conformity with the contract irrespective of the way the content has been developed . consequently the directive should apply to contracts for the development of digital content tailor made to the specific requirements of the consumer including tailor made software . this directive should also apply to the supply of visual modelling files required in the context of 3d printing . however this directive should not regulate goods produced with the use of 3d printing technology or the damage caused to them . ### in order to ensure a common set of rights for consumers and a level playing field for business , consumers should have the same remedies for digital content or services which are not in conformity with the contract irrespective of the way the content has been developed . consequently the directive should apply to contracts for the development of digital content and services tailor made to the specific requirements of the consumer including tailor made software . this directive should also apply to the supply of visual modelling files required in the context of 3d printing . however this directive should not regulate goods produced with the use of 3d printing technology .


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### the supplier shall refrain from the use of personal data or any other data which the consumer has made available instead of a payment in money in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content . the supplier shall refrain from processing personal data for the mere purpose of allowing non - personal data and content to be linked to the consumer in order to be able to allow the consumer to retrieve it under point . the supplier shall comply with the obligations applicable under regulation 2016 / 679 ;


### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . ### the supplier shall bring the digital content or service in conformity with the contract pursuant to paragraph 1 within one month of the time the supplier was informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required that digital content .


### this directive should fully harmonise a set of key rules that are so far not regulated at union level . it should include therefore rules on conformity of the digital content , remedies available to consumers in cases of lack of conformity of digital content with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , as well as certain aspects concerning the modification of the digital content . ### this directive should fully harmonise a set of key rules that are so far not regulated at union level . it should include therefore rules on conformity of the digital content and digital services , remedies available to consumers in cases of lack of conformity of digital content or digital services with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , as well as certain aspects concerning the modification of the digital content or digital services .


### consumers are not confident when buying cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content . many consumers of digital content experience problems related to the quality of , or access to , digital content . for instance , they receive wrong or faulty digital content , or they are not able to access the digital content in question . as a result , consumers suffer financial and non - financial detriment . ### consumers are not confident when buying cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content and digital services . many consumers of digital content or digital services experience problems related to the quality of , or access to , digital content or digital services . for instance , they receive wrong or faulty digital content or digital services , or they are not able to access the digital content or digital services in question . as a result , consumers suffer financial and non - financial detriment .


### where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract , the consumer may terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contract . ### where the digital content or service has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract , the consumer may terminate the contract only in relation to that part of the period of time where the digital content or service has not been in conformity with the contract .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content or digital services and their supply . in order to ensure consistency with the acquis and cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , the notion as used in this directive should correspond to the one used in directive 2011 / 83 / eu of the european parliament and of the council30 . this notion should cover , for example , video and audio content , applications , digital games and any other software . in order to cater for rapid technological developments and to ensure this directive remains abreast of the times , it should also cover services which allow the creation , processing or storage of data , such as cloud storage services or file hosting services . the notion of digital services should also cover social media platforms , instant messaging services , and video or audio - sharing websites or platforms which fall outside the scope of electronic communication services . while there are numerous ways for digital content or digital services to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content and digital services independently of the medium used for their transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level playing - field between suppliers of different categories of digital content and digital services should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 .


### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear rights when they receive or access digital content from anywhere in the eu . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content . ### consumers will benefit from fully harmonised rights for digital content and digital services at a high level of protection . they will have clear rights when they receive or access digital content or digital services from anywhere in the eu . this will increase their confidence in buying digital content and digital services . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services .


### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content in question . ### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content and digital services are often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data such as for example photographs , poems , songs or other items produced by the user . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content and digital services against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money , such as the supply of personal data , may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content or digital service in question .


### the supplier shall refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer . ### the supplier shall refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content or service and any other data collected by the supplier in relation to the supply of the digital content , such as photographs , poems , songs and other user - produced items , including any content provided by the consumer .


### differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstacles which hinder the development of the supply of digital content , as very few tailor - made rules exist at union level . businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when selling digital content across borders . businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content are already emerging in several member states , creating differences in scope and content between specific national rules governing these contracts . in those member states where there are not yet specific rules for the supply of digital content , traders willing to sell cross - border face uncertainty , as they will often not know which rules apply to digital content in the member state they want to export to , nor the content of those rules and whether they are mandatory . ### differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstacles which hinder the development of the supply of digital content and digital services , as very few tailor - made rules exist at union level . businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when supplying digital content or digital services across borders . businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content or digital services that are already emerging in several member states , creating differences in scope and content between specific national rules governing these contracts . in those member states where there are not yet specific rules for the supply of digital content or digital services , traders willing to supply such content or services cross - border face uncertainty , as they will often not know which rules apply to the digital content or digital service in the member state in which they want to supply this , nor the content of those rules and whether they are mandatory .


### the growth potential of e - commerce has not yet been fully exploited . the digital single market strategy for europe29 tackles in a holistic manner the major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content and facilitating businesses to supply digital content is necessary to boost the union ' s digital economy and stimulate overall growth . _________________ 29 com 192 final . ### the growth potential of e - commerce has not yet been fully exploited . this directive tackles some major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content&#160 ; and services and facilitating businesses to supply digital content&#160 ; and digital services is necessary to boost the union ' s digital economy and stimulate overall growth .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content and digital services and their supply . while there are numerous ways for digital content or digital services to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured .


### proposal for a directive of the european parliament and of the council on certain aspects concerning contracts for the supply of digital content ### proposal for a directive of the european parliament and of the council on certain aspects concerning contracts for the supply of digital content and digital services


### in order to remedy these problems , both businesses and consumers should be able to rely on fully harmonised rules for the supply of digital content setting out union - wide contractual rights which are essential for this type of transactions . ### in order to remedy these problems , both businesses and consumers should be able to rely on fully harmonised rules for the supply of digital content or digital services setting out union - wide contractual rights which are essential for this type of transactions .


### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content not being in conformity with the contract . the supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer ' s digital environment with the technical requirements for the digital content . therefore in case of a dispute it should be for the supplier to prove that the digital content is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content is not in conformity with the contract . ### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content or service not being in conformity with the contract . the supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer ' s digital environment with the technical requirements for the digital content . therefore in case of a dispute it should be for the supplier to prove that the digital content or service is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content or service . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content or service is not in conformity with the contract .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### the contract should stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content and digital services with the contract . it is also necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content or digital services of the same description would normally be used .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content and digital services and their supply . in order to ensure directive 2011 / 83 / eu of the european parliament and of the council30 is applied properly , the notion of ' digital content ' should refer to it and include , for example computer programmes , applications , games , music , videos or texts . the directive should furthermore cover digital services which allow the creation , processing or storage of data , such as cloud services or file hosting services , digital services allowing data sharing such as social media , video or audio - sharing platforms , instant messaging services . while there are numerous ways for digital content or digital services to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content or digital services independently of the medium used for their transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level playing - field between suppliers of different categories of digital content and digital services should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content or service shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content or service such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content or service by the consumer , only if :


### many types of digital content are supplied over a period of time . for instance , consumers access cloud services over a period of time . it is therefore important to ensure that the digital content is in conformity with the contract throughout the duration of the contract . moreover , given the frequent improvement of digital content , notably by updates , the version of digital content supplied to the consumer should be the most recent one available at the time of the conclusion of the contract . ### many types of digital content are supplied over a period of time . for instance , consumers access cloud services over a period of time . it is therefore important to ensure that the digital content is in conformity with the contract throughout the duration of the contract . moreover , given the frequent improvement of digital content , notably by updates , the conformity of the digital content or service supplied to the consumer with the contract should be assessed on the basis of the most recent version available at the time of the conclusion of the contract .


### this directive should fully harmonise a set of key rules that are so far not regulated at union level . it should include therefore rules on conformity of the digital content , remedies available to consumers in cases of lack of conformity of digital content with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , as well as certain aspects concerning the modification of the digital content . ### this directive should fully harmonise a set of key rules that are so far not regulated at union level . it should include therefore rules on conformity of the digital content and digital services , remedies available to consumers in cases of lack of conformity of digital content or digital services with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , as well as certain aspects concerning the modification of the digital content or digital services .


### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content in question . ### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content and digital services are often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models , and provide an unjustified incentive for businesses to move towards offering digital content or digital services against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content or digital services supplied against counter - performance other than money may have an impact on the economic interests of consumers . with a view to ensuring a level playing - field and a high level of consumer protection , the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content or digital service in question .


### due to its nature digital content needs to interact with other digital equipment to function properly ; interoperability should therefore form a part of the conformity criteria . in particular it needs to interact with hardware including processor speed and graphics card features and software including a specific version of the operating system or specific multi - media player . the notion of functionality should refer to the ways in which digital content can be used ; it should also refer to the absence or presence of any technical restrictions such as protection via digital rights management or regional coding . ### due to their nature , digital content and digital services need to interact with other digital equipment to function properly ; interoperability should therefore form a part of the conformity criteria . in particular , the digital content or digital services need to interact with hardware including processor speed and graphics card features and software including a specific version of the operating system or specific multi - media player . the notion of functionality should refer to the ways in which digital content or digital services can be used ; it should also refer to the absence or presence of any technical restrictions such as protection via digital rights management or regional coding .


### due to its nature digital content needs to interact with other digital equipment to function properly ; interoperability should therefore form a part of the conformity criteria . in particular it needs to interact with hardware including processor speed and graphics card features and software including a specific version of the operating system or specific multi - media player . the notion of functionality should refer to the ways in which digital content can be used ; it should also refer to the absence or presence of any technical restrictions such as protection via digital rights management or regional coding . ### due to their nature , digital content and services need to interact with other digital equipment to function properly ; interoperability should therefore form a part of the conformity criteria . in particular , the digital content and services need to interact with hardware including processor speed and graphics card features and software including a specific version of the operating system or specific multi - media player . the notion of functionality should refer to the ways in which digital content and digital services can be used ; it should also refer to the absence or presence of any technical restrictions such as protection via digital rights management or regional coding .


### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content in question . ### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content or digital services are often supplied not in exchange for a price but against personal data , i . e . by giving access to it . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models , which could provide an unjustified incentive for businesses to move towards offering digital content or digital services against data . in addition , defects of the performance features of the digital content or digital services supplied against personal data may have an impact on the economic interests of consumers . in order to ensure a level - playing field the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content or digital service in question .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content or service and their supply . in order to ensure legal consistency , the notion of digital content should correspond with that used in directive 2011 / 83 / eu of the european parliament and of the council and should cover , for example , video , audio , applications , digital games and any other software . in order to cater for current and future technological developments , this directive should also cover digital services which allow the creation , processing or storage of data , for example cloud storage or file hosting services . it should likewise cover digital services allowing sharing and other interaction , for example social media , instant messaging services , video or audio - sharing websites or platforms , provided they fall outside the scope of electronic communication services within the meaning of directive 2002 / 21 / ec . while there are numerous ways for digital content or digital services to be supplied , such as downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital services or access to the use of social media , this directive should apply to all digital content or digital services independently of the medium used for their transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content or service should be ensured .


### where the contract provides that the digital content shall be supplied over a period of time , any lack of conformity which occurs during the duration of that period . ### where the contract provides that the digital content or service shall be supplied over a period of time , any lack of conformity which occurs during the duration of that period .


### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content . moreover , given that digital content may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period . ### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content or service . moreover , given that digital content or services may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period .


### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . ### the supplier shall bring the digital content into conformity with the contract pursuant to paragraph 1 without undue delay from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required that digital content .


### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region . ### in order to make the regional cooperation feasible , member states directly connected , or in certain cases indirectly via a non - eu member state , should establish a cooperation mechanism . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans . member states are free to agree on a cooperation mechanism . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for connected member states .


### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms and incentivising investments in the energy sector by closer integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . . ### one of the union goals is to strengthen the energy community that would ensure effective implementation of the union energy acquis , energy market reforms , enforceable agreements which enhance the security of supply and transit through these countries , and incentivising investments in the energy sector by gradual integration of the union and energy community energy markets . this entails also introducing common crisis management by proposing preventive and emergency plans at the regional level including the energy community contracting parties . furthermore , the commission communication on the short term resilience of the european gas system from october 2014 refers to the need to apply internal energy market rules on the flow of energy between the union member states and the energy community contracting parties . in this regard , in order to ensure an efficient crisis management on borders between the union member states and the contracting parties , the necessary arrangements following the adoption of a joint act should be set so that specific cooperation with any individual energy community contracting party can take place once the required mutual provisions have been duly put into place . .


### by 1 november 2017 entso for gas shall carry out a union wide simulation of supply and infrastructure disruption scenarios . the scenarios shall be defined by entso for gas in consultation with the gas coordination group . the competent authorities shall provide entso for gas with the necessary data for the simulations such as peak demand values , production capacity and demand side measures . the competent authorities shall take into account the results of the simulations for the preparation of the risk assessments , preventive action plans and emergency plans . the union - wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates . ### by 1 november 2017 entso for gas shall carry out a union wide simulation of supply and infrastructure disruption scenarios . the scenarios shall be defined by entso for gas in consultation with the gas coordination group . the competent authorities shall provide entso for gas with the necessary data for the simulations such as historic demand values , and justified estimates for the peak values to be expected , expected evolution of demand reduction and efficiency measures , production capacity and demand side measures . the competent authorities shall take into account the results of the simulations for the preparation of the risk assessments , preventive action plans and emergency plans . the union - wide simulation of supply , transit and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates .


### mandatory comprehensive templates including all the risks to be covered by the risk assessment and all the components of the preventive action plans and emergency plans are needed to facilitate the risk assessment and preparation of the plans , their peer review and their assessment by the commission . ### mandatory comprehensive templates including all the risks to be covered by the risk assessment and all the components of the preventive action plans and emergency plans are needed to facilitate the risk assessment and preparation of the plans , their peer review and their assessment by the commission . where appropriate , templates should be updated taking into account the results of the ex - post reviews .


### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , commercial , financial , social , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism . ### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess under a coordinated analysis model all main natural , technological , commercial , financial , social , environmental , political , community - related and market - related risks , and any other relevant ones . the analysis model should include , where appropriate , the disruption of the supplies from the single largest supplier , or the disruption of the most important transit ways . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism .


### certain customers , including households and customers providing essential social services , are particularly vulnerable and may need social protection . a definition of such protected customers should not conflict with the union solidarity mechanisms . ### certain customers , including households and institutions or agencies providing essential social services , are particularly vulnerable to crises and may need social protection . a definition of such protected customers should not conflict with the union solidarity mechanisms ; on the contrary , it is essential in order to implement the principles of solidarity and trust in a meaningful way .


### so far , the potential for more efficient and less costly measures through regional cooperation has not been fully exploited . this has to do not only with better coordination of national mitigation actions in emergency situations , but also of national preventive measures , such as national storage or policies related to liquefied natural gas , which can be strategically important in certain regions . ### so far , the potential for more efficient and better balanced preventive measures through regional cooperation has not been fully exploited . this has to do not only with better coordination of national mitigation actions in emergency situations , but especially with a more coordinated , systemic design of national preventive measures , such as energy efficiency and demand reduction plans , national storage , alternative connections and transit routes , plans for covering with electricity part of the energy demand usually met with gas , or policies related to liquefied natural gas , which can be strategically important in certain regions .


### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost - effective measures for union consumers . ### in a spirit of solidarity , enhanced regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most balanced measures for union consumers .


### whenever member states plan to introduce non - market - based measures , such measures should be accompanied by a description of their economic impact . this ensures customers have the information they need about the costs of such measures and ensures that the measures are transparent , especially as regards their share in the gas price . ### whenever member states plan to introduce non - market - based measures , such measures should be accompanied by a complete description of their impact , including but not limited to the economic one . this ensures customers have the information they need about such measures and ensures that the measures are transparent , especially as regards their overall burden on society and their share in the gas price .


### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out by : ### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , environmental , technological , commercial , social , political and other risks . the risk assessment shall be carried out by :


### to facilitate communication between member states and the commission , the risk assessments , the preventive action plans , the emergency plans and all other documents and information exchanges covered by this regulation must be notified using a standard electronic notification system . ### to facilitate communication between member states and the commission , the risk assessments , the preventive action plans , the emergency plans and all other documents and information exchanges covered by this regulation must be notified using a secure and standardised electronic notification system .


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


### the roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly , particularly in the event of supply disruptions and crises . such roles and responsibilities should be established in such a way as to ensure that a three - level approach is respected which would involve first the relevant natural gas undertakings and industry , then member states at national or regional level , and then the union . this regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions . however , it should also provide for mechanisms that can be deployed when markets alone are no longer able to deal adequately with a gas supply disruption . ### the roles and responsibilities of all natural gas undertakings and competent authorities should therefore be defined precisely in order to keep the internal gas market functioning properly , particularly in the event of supply or transit disruptions and crises . such roles and responsibilities should be established in such a way as to ensure that a three - level approach is respected which would involve first the relevant natural gas undertakings and industry , then member states at national or regional level , and then the union . this regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with the less severe disruptions . however , it should also provide for emergency security mechanisms that can be deployed when markets alone are no longer able to deal adequately with a severe gas supply disruption .


### the competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this article . competent authorities shall report to the gas coordination group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment . the commission may have a facilitating role overall in the preparation of the risk assessment , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region . ### the competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this article . competent authorities shall decide whether to consult with the gas coordination group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment . the commission may have a facilitating role overall in the preparation of the risk assessment , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region .


### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . ### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a comprehensive cost - benefit analysis , duly encompassing major externalities , that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments .


### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should be entitled to deploy a task force to monitor gas flows into the union in crisis situations , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator . ### since gas supplies from third countries or gas transit through them are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should conclude agreements allowing it to deploy a task force to monitor gas flows into the union in crisis situations , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator .


### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region . ### in order to make the regional cooperation feasible , member states belonging to every defined region should take prompt initiatives aimed to establishing a cooperation mechanism . such mechanism or mechanisms should be developed with sufficient lead - time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on the kind of cooperation mechanism best suited for their given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region .


### a gas coordination group is established to facilitate the coordination of measures concerning security of gas supply . the group shall be composed of representatives of the member states , in particular of their competent authorities , as well as the agency for the cooperation of energy regulators , the entso for gas and representative bodies of the industry concerned and those of relevant customers . the commission shall , in consultation with the member states , decide on the composition of the group , ensuring it is fully representative . the commission shall chair the group . the group shall adopt its rules of procedure . ### a gas coordination group is established to advise the commission on measures concerning security of gas supply . the group shall be composed of representatives of the member states , in particular of their competent authorities , as well as the agency for the cooperation of energy regulators , the entso for gas and representative bodies of the industry concerned and those of relevant customers . the commission shall , in consultation with the member states , decide on the composition of the group , ensuring it is fully representative . the commission shall chair the group . the group shall adopt its rules of procedure .


### biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland in january 2008 . ### biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in points , and of paragraph 1 shall not be made from raw material obtained from land that was peatland or wetland in january 2008 .


### in order to support member states ' ambitious contributions to the union target , a financial framework aiming to facilitate investments in renewable energy projects in those member states should be established , also through the use of financial instruments . ### in order to support member states in reaching their targets , a financial framework aiming to facilitate investments in renewable energy projects in those member states should be established , also through the use of financial instruments .


### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems . ### in order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy , the union and the member states should only promote energy uses from sustainable mobilisation of waste and residue resources from timber and agriculture .


### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes . forests should be considered as biodiverse according to the sustainibility criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards . ### the production of agricultural raw material for biofuels , bioliquids and biomass fuels , and the incentives for their use provided for in this directive , should not have the effect of encouraging the destruction of biodiverse lands such finite resources , recognised in various international instruments to be of value to all mankind , should be preserved . it is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels , bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural or forest raw material does not originate in biodiverse areas or , in the case of areas designated for nature protection purposes or for the protection of rare , threatened or endangered ecosystems or species , the relevant competent authority demonstrates that the production of the agricultural or forest raw material does not interfere with such purposes . forests should be considered as biodiverse according to the sustainibility criteria , where they are primary forests in accordance with the definition used by the food and agriculture organisation of the united nations in its global forest resource assessment , or where they are protected by national nature protection law . areas where the collection of non - wood forest products occurs should be considered to be biodiverse forests , provided the human impact is small . other types of forests as defined by the fao , such as modified natural forests , semi - natural forests and plantations , should not be considered as primary forests . having regard , furthermore , to the highly biodiverse nature of certain grasslands , both temperate and tropical , including highly biodiverse savannahs , steppes , scrublands and prairies , biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this directive . the commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards .


### feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , an evaluation should take place after the adoption of the directive in order to assess the possibility to extend the annex to new feedstocks . ### feedstocks which have low indirect land use change impacts when used for biofuels , should be promoted for their contribution to the decarbonisation of the economy . especially feedstocks for advanced biofuels , for which technology is more innovative and less mature and therefore needs a higher level of support , should be included in an annex to this directive . in order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects , an evaluation should take place after the adoption of the directive in order to assess the possibility to amend the annex to new feedstocks .


### ‘ food and feed crops’ means starch - rich crops , sugars and oil crops produced on agricultural land as a main crop excluding residues , waste or ligno - cellulosic material ; ### ' food and feed crops ' means starch - rich crops , sugars and oil crops and other crops grown primarily for energy purposes on agricultural land as a main crop excluding residues and waste ;


### member states shall collectively ensure that the share of energy from renewable sources in the union ' s gross final consumption of energy in 2030 is at least 27% . ### member states shall collectively ensure that the share of energy from renewable sources in the union ' s gross final consumption of energy in 2030 is at least 45% .


### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity . ### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 1 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels .


### every 2 years , the commission shall carry out an evaluation of the list of feedstocks in parts a and b of annex ix in order to add feedstocks , in line with the principles set out in this paragraph . the first evaluation shall be carried out no later than 6 months after [ date of entry into force of this directive ] . if appropriate , the commission shall adopt delegated acts to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . ### every 2 years , the commission shall carry out an evaluation of the list of feedstocks in parts a and b of annex ix in order to add or remove feedstocks , in line with the principles set out in the first subparagraph of this paragraph . the first evaluation shall be carried out no later than 6 months after [ date of entry into force of this directive ] . until 1 january 2025 , the commission shall not remove feedstocks from annex ix and shall only reduce indirect emission values in annex viii .


### eligibility for financial support for the consumption of biofuels , bioliquids and biomass fuels . ### eligibility for financial support , fiscal incentives or other policy measures for the consumption of biofuels , bioliquids and biomass fuels .


### to ensure that , despite the growing demand for forest biomass , harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy . to that end , operators should put in place a risk - based approach . in this context , it is apporpriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee . ### to ensure that harvesting is carried out in a sustainable manner in forests where regeneration is ensured , that special attention is given to areas explicitly designated for the protection of biodiversity , landscapes and specific natural elements , that biodiversity resources are preserved and that carbon stocks are tracked , woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as forest europe and are implemented through national laws or the best management practices at the forest holding level . operators should ensure that measures are taken to avoid and limit negative consequences of harvesting on the environment . to that end , operators should put in place a risk - based approach . in this context , it is appropriate for the commission to develop operational guidance on the verification of compliance with the risk based approach , following the consultation of the energy union governance committee , and the standing forestry committee established by council decision 89 / 367 / eec24 . __________________ 24 council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and waste - based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article . ### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin to determine minimum greenhouse gas emission savings and potential additional sustainability criteria required for these fuels for the purpose of paragraph 1 of this article .


### the commission may establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6 , by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 . ### by 1 january 2020 , the commission shall establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6 , by means of implementing acts adopted in accordance with the examination procedure referred to in article 31 .


### the power to adopt delegated acts referred to in articles 7 , 7 ; 19 , 19 , 25 and 28 shall be conferred on the commission for a period of five years from 1st january 2021 . ### the power to adopt delegated acts referred to in articles 7 , 7 ; 19 , 19 , 25 , 28 and 26 shall be conferred on the commission for a period of five years from 1st january 2021 .


### electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu . for the purposes of points and of paragraph 1 , this provision shall only apply to installations starting operation after [ 3 years from date of adoption of this directive ] . for the purposes of point of paragraph 1 , this provision is without prejudice to public support provided under schemes approved by [ 3 years after date of adoption of this directive ] . ### electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 1 mw shall be taken into account for the purposes referred to in points , and of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under article 2 of directive 2012 / 27 / eu achieving a conversion efficiency of at least 85 % and if it is produced without the use of fossil fuels . for the purposes of points and of paragraph 1 , this provision shall only apply to installations starting operation after 1 january 2021 . for the purposes of point of paragraph 1 , this provision is without prejudice to public support provided under schemes approved by [ date of adoption of this directive ] .


### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the forest holding level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 . ### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the forest holding level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 .


### the establishment of a union binding renewable energy target for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors . a target defined at the union level would leave greater flexibility for member states to meet their greenhouse gas reduction targets in the most cost - effective manner in accordance with their specific circumstances , energy mixes and capacities to produce renewable energy . ### the establishment of union and national binding renewable energy targets for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors .


### the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a member state and which has a consolidated net turnover exceeding eur 750 000 000 or an undertaking that is not an affiliated and which has a net turnover exceeding eur 750 000 000 ; ### the undertaking which opened the branch is either an affiliated undertaking of a group which is controlled by an ultimate parent undertaking not governed by the law of a member state and exceeds , on a consolidated annual basis , the thresholds in at least two of the three following categories : balance sheet total : eur 20 000 000 ; net turnover : eur 40 000 000 ; average number of employees during the financial year : 250 ; or is an undertaking that is not an affiliated one and which , on a consolidated annual basis , the thresholds in at least two of the three following categories : balance sheet total : eur 20 000 000 ; net turnover : eur 40 000 000 ; average number of employees during the financial year : 250


### the report on income tax information shall be made accessible to the public on the website of the undertaking on the date of its publication . ### the report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the website of the undertaking on the date of its publication in at least one of the official languages of the union . on the same date , the undertaking shall also file the report in a public registry managed by the european commission .


### member states shall require ultimate parent undertakings governed by their national laws and having a consolidated net turnover exceeding eur 750 000 000 as well as undertakings governed by their national laws that are not affiliated undertakings and having a net turnover exceeding eur 750 000 000 to draw up and publish a report on income tax information on an annual basis . ### member states shall require the ultimate parent undertakings of large groups governed by their national laws and exceeding , on a consolidated annual basis , the thresholds in at least two of the three following categories : balance sheet total : eur 20 000 000 ; net turnover : eur 40 000 000 ; average number of employees during the financial year : 250 , as well as large undertakings governed by their national laws that are not affiliated undertakings and which , on their balance sheet dates exceed at least two of the three following thresholds : balance sheet total : eur 20 000 000 ; net turnover : eur 40 000 000 ; average number of employees during the financial year : 250 , to draw up and publish a report on income tax information on an annual basis .


### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .