### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### it should be stressed that increasing the possibility for customers to access information related to the sales of goods and the provision of services and increasing transparency , including with respect to prices is most definitely necessary ; however , traders , for reasons related to the promotion of local or national heritage , public safety , research and innovation , should be able , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . moreover , in accordance with the principle of freedom to conduct business , there should not be any obligation for the trader to engage in commercial transactions with customers .


### certain traders operate different versions of their online interfaces , targeting customers from different member states . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . all versions of the online interface should remain easily accessible to the customer at all times . ### certain traders operate different versions of their online interfaces , targeting customers from different member states . this should remain possible , with redirecting a customer from one version of the online interface to another version , taking care to inform the customer thereof , being possible . at least one version of the online interface should remain easily accessible to the customer at all times .


### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in a number of specific situations , differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment are objectively justified . in those situations , preferential treatment may be applied and the business should consequently be entitled , under the specific conditions laid down in this regulation , to subject commercial transactions to conditions in view of these objective reasons , and thus potentially restrict access to any of the different goods or services offered on the basis of the customer ' s nationality , place of residence or place of establishment . where necessary , member states should therefore take measures to ensure compliance with this freedom of undertakings . moreover , continuing to ensure that traders can direct their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces , is essential .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### in cases where the trader sells goods and there is no cross - border delivery of these goods by or on behalf of the trader to the member state where the customer resides , the trader should be entitled to set sales conditions for such customers , including price and conditions relating to the delivery of the goods , different from those of customers who are residents of the member state of the trader . the trader should , furthermore be able , if he so wishes , to offer the customer the option of picking up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria could also be justified . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods .


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in the national laws of member states and , as a secondary consideration , in union law . laws of member states may also require traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary .


### member states should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation . ### where necessary , member states should designate one or more bodies responsible for taking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings . member states should also be empowered to take exceptional measures to combat unfair competition , fiscal dumping , risks of fraud or risks to national security arising from the activity of selling goods or services on - line .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### it is necessary to maintain the principle of territoriality and the freedom of undertakings to use direct or indirect differentiated treatment based on the nationality , place of residence or place of establishment of customers . in this context , the national authorities seem to be best placed to take measures , given that these principles concern specific aspects of local and national production and the national rights of consumers .


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### traders may , for reasons linked to the promotion of local or national heritage , public safety , research or innovation , introduce justified differentiated treatment , through the use of technological measures or otherwise , for example blocking or limiting customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders may , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place of establishment , taking care to inform the customer . at least one version of the online interface must remain easily accessible to the customer at all times .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### in addition to the reasons set out in paragraphs 1 and 2 , blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories may also be necessary in order to ensure compliance with a legal requirement in national law or , alternatively , union law .


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### traders may apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations :


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### traders may , in an effort to minimise the risk of fraud , take any lawful measure they regard as necessary to minimise the risk of fraudulent attacks , citing reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument in all the member states of the union and thus apply different conditions of payment for any sales of goods or provision of services , where :


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


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market . ### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market to ensure that persons who are blind , visually impaired or otherwise print disabled have access to knowledge and can be fully integrated , in all areas of social and professional life .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability , to ensure that they are fully included and that knowledge is fully accessible . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , speech synthesisers , large print , adapted e - books , audio books and radio broadcasts .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . ### no sooner than [ three years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by national legal systems and taken over by the union with regard to copyright remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to the digital environment , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to striking a balance between respect for rightholders ' rights or rights related to copyright , which are responsible for financing cultural creation , and the aim of ensuring wider access to content . in order to ensure legal certainty for all stakeholders , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 624 final .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are already taken into account by certain member states but are not clearly covered by the current union rules on exceptions and limitations . in addition , certain exceptions and limitations are already provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . optional exceptions or limitations for uses of text mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### some national legal systems and union law already provide certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text mining . in order to preserve the integrity of the copyright principle , these exceptions should remain optional . however , where researchers have obtained lawful access to content , for example through subscriptions to publications or open access licences , it should be possible for the terms of the licences to include text mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the competitive position of eu member states as a research area will suffer from a possible impossibility to undertake text mining unless steps are taken to address the legal uncertainty surrounding it .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for an optional exception to the right of reproduction . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### the national legal systems of some member states , as well as article 5 of directive 2001 / 29 / ec , allow member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of extracts from works or content from them for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . therefore , this optional exception or limitation should be extended to digital teaching to ensure that educational establishments benefit from full legal certainty when using extracts from works or other subject - matter in digital teaching activities , including online .


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . while this new optional exception or limitation in relation to digital uses in an educational context may apply in all member states , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of extracts from works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore have the option of providing for an exception to permit cultural heritage institutions and libraries to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only .


### cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the licensing of rights in out - of - commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross - border effect in the internal market . ### cultural heritage institutions or libraries should benefit from a clear framework for the digitisation and dissemination of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the licensing of rights in out - of - commerce works that are in the collections of cultural heritage institutions or libraries .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive recommends that member states set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum .


### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter . ### the aim of this directive is to modernise the union law applicable to copyright and related rights , taking into account in particular digital uses of protected content . it also lays down rules on exceptions and limitations , and on the facilitation of licences as well as rules aiming at ensuring that the interests of all the stakeholders in the exploitation of works and other subject - matter are properly balanced .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states may provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text mining of works or other subject - matter to which they have lawful access for the purposes of scientific research .


### the use of works and other subject - matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the educational establishment is established . ### the use of extracts from works and other subject - matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the educational establishment is established .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states may provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions and libraries , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation .


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states are advised to ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 .


### in order to translate the political aims of the digital single market strategy into regulatory terms , the framework should , in addition to the existing three primary objectives of promoting competition , internal market and end - user interests , pursue an additional connectivity objective , articulated in terms of outcomes : widespread access to and take - up of very high capacity fixed and mobile connectivity for all union citizens and businesses on the basis of reasonable price and choice , enabled by effective and fair competition , by efficient investment and open innovation , by efficient use of spectrum , by common rules and predictable regulatory approaches in the internal market and by the necessary sector - specific rules to safeguard the interests of citizens . for the member states , the national regulatory authorities and other competent authorities and the stakeholders , that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area , and on the other hand into pursuing territorial cohesion , in the sense of convergence in capacity available in different areas . ### in order to translate the political aims of the digital single market strategy into regulatory terms , the framework should , in addition to the existing three primary objectives of promoting competition , internal market and end - user interests , pursue an additional connectivity objective , articulated in terms of outcomes : widespread access to and take - up of very high capacity fixed and mobile connectivity for all union citizens and businesses on the basis of reasonable price and choice , enabled by effective and fair competition , by efficient investment and open innovation , by efficient use of spectrum , by common rules and predictable regulatory approaches in the internal market and by the necessary sector - specific rules to safeguard the interests of citizens . for the member states , the national regulatory authorities and other competent authorities and the stakeholders , that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area , and on the other hand into pursuing territorial cohesion , in the sense of convergence in capacity available in different areas . the digital strategy should focus on building a wholly european digital sector that promotes a vision of strategic independence rather than emphasising the purely commercial aspects .


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the enhancement of the competitiveness and innovation capacity of the member states’ defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the member states’ defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the member states’ defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the competitiveness of the defence industry in the european union , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states .


### the freedom of establishment and the freedom to provide services under the treaty on the functioning of the european union apply to data storage or other processing services . however , the provision of those services is hampered or sometimes prevented by certain national requirements to locate data in a specific territory . ### the freedom of establishment and the freedom to provide services authorised under the treaty on the functioning of the european union apply to data storage or other processing services . the provision of those services can , however , be hampered by certain national requirements to locate data in a specific territory .


### such obstacles to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national laws of member states to locate data in a specific geographical area or territory for the purpose of storage or other processing . other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the union , such as requirements to use technological facilities that are certified or approved within a specific member state . legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements further limits the choices available to market players and to the public sector regarding the location of data storage or other processing . ### such exceptions to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national laws of member states to locate data in a specific geographical area or territory for the purpose of storage or other processing . other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the union , such as requirements to use technological facilities that are certified or approved within a specific member state . legal uncertainty as to the extent of data localisation requirements can limit the choices available to market players and to the public sector regarding the location of data storage or other processing .


### where the main survey frame specified under paragraph 2 does not represent 98 % of the utilised agricultural area and 98 % of the livestock units , member states shall extend the frame by establishing lower thresholds than those referred to in paragraph 2 , or by establishing additional thresholds , or both . ### where the main survey frame specified under paragraph 2 does not represent 98 % of the utilised agricultural area and 98 % of the livestock units , member states may extend the frame by establishing lower thresholds than those referred to in paragraph 2 , or by establishing additional thresholds , or both .


### given that a residual external financing gap remains in ukraine’s balance of payments over and above the resources provided by the imf and other multilateral institutions , the union macro - financial assistance to be provided to ukraine is , under the current exceptional circumstances , considered to be an appropriate response to ukraine’s request for support to its economic stabilisation , in conjunction with the imf programme . the union’s macro - financial assistance would support the economic stabilisation and the structural reform agenda of ukraine , supplementing resources made available under the imf’s financial arrangement . ### given that a residual external financing gap remains in ukraine’s balance of payments over and above the resources provided by the imf and other multilateral institutions , the union macro - financial assistance to be provided to ukraine is , under the current exceptional circumstances , considered to be a union subsidy intended to support a corrupt regime responsible for ruining the country , in particular by destroying its industrial base . the union is thus once again revealing its true colours where human rights and democracy are concerned .


### the union ' s macro - financial assistance should be subject to economic policy conditions , to be laid down in a memorandum of understanding . in order to ensure uniform conditions of implementation and for reasons of efficiency , the commission should be empowered to negotiate such conditions with the ukrainian authorities under the supervision of the committee of representatives of the member states in accordance with regulation no 182 / 2011 . under that regulation , the advisory procedure should , as a general rule , apply in all cases other than as provided for in that regulation . considering the potentially important impact of assistance of more than eur 90 million , it is appropriate that the examination procedure be used for operations above that threshold . considering the amount of the union ' s macrofinancial assistance to ukraine , the examination procedure should apply to the adoption of the memorandum of understanding , and to any reduction , suspension or cancellation of the assistance , ### the union ' s macro - financial assistance is subject to conditions on economic policy and upholding human rights . as ukraine is failing to meet those conditions , macro - financial assistance must be suspended .


### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the ukrainian authorities on clearly defined economic policy and financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , to be laid down in a memorandum of understanding which shall include a timeframe for the fulfilment of those conditions . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by ukraine with the support of the imf . ### the presidency of the council shall agree with the ukrainian authorities on a timeframe for the fulfilment of the conditions laid down in article&#160 ; 2 .


### a key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold , so as to enable the mechanism to function as a means of assisting member states under disproportionate pressure . the application of the corrective allocation for the benefit of a member state should be triggered automatically where the number of applications for international protection for which a member state is responsible exceeds 150% of the figure identified in the reference key . in order to comprehensively reflect the efforts of each member state , the number of persons effectively resettled to that member state should be added to the number of applications for international protection for the purposes of this calculation . ### a key based on the size of the population and of the economy of the member states should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold , so as to enable the mechanism to function as a means of assisting member states under disproportionate pressure . the application of the corrective allocation for the benefit of a member state should be triggered automatically where the number of applications for international protection for which a member state is responsible exceeds 150% of the figure identified in the reference key .


### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe . ### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe .


### this directive establishes the limits for the member states ' atmospheric emissions of acidifying and eutrophying pollutants , ozone precursors , primary particulate matter and precursors of secondary particulate matter and other air pollutants and requires that national air pollution control programmes be drawn up , adopted and implemented and pollutant emissions and their impacts be monitored and reported . ### the aim of this directive is to limit atmospheric emissions of acidifying and eutrophying pollutants , ozone precursors , primary particulate matter and precursors of secondary particulate matter and thereby reduce the potential risks to human health and the environment from such emissions .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia and particulate matter in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii .


### without prejudice to paragraph 1 , member states shall take all the necessary measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of so2 , nox , nmvoc , nh3 , pm2 , 5 and ch4 . the levels of those emissions shall be determined on the basis of fuels sold , by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030 . ### without prejudice to paragraph 1 , member states may take measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of so2 , nox , nmvoc , nh3 and pm2 , 5 . the levels of those emissions shall be determined on the basis of fuels sold , by a reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction [ commitments ] for 2030 .


### in order to comply with the intermediate emission levels determined for 2025 in accordance with article 4 , paragraph 2 , and the national emission reduction commitments set out in annex ii applicable from 2030 onwards for nox , so2 and pm2 , 5 , member states may offset nox , so2 and pm2 , 5 emission reductions achieved by international maritime traffic against nox , so2 and pm2 , 5 emissions released by other sources in the same year , provided that they meet the following conditions : ### in order to comply with the national emission reduction commitments set out in annex ii applicable from 2030 onwards for nox , so2 and pm2 , 5 , member states may offset nox , so2 and pm2 , 5 emission reductions achieved by international maritime traffic against nox , so2 and pm2 , 5 emissions released by other sources in the same year , provided that they meet the following conditions :


### where the commission has raised no objections within nine months from the date of receipt of the relevant report referred to in article 7 , paragraphs 4 , 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year . where the commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria , it shall adopt a decision and inform the member state that it cannot be accepted . ### where the commission has raised no objections within nine months from the date of receipt of the relevant report referred to in article 7 , paragraphs 4 , 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year . where the commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria , it shall adopt a decision and inform the member state that it cannot be accepted and the reasons for its decision .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### the abolition of state barriers under the internal market has pushed private parties faced with unfair competition into needing to find other ways of protecting their industries . stripped of the protection afforded by national authorities , traders operating in one member state have had to be imaginative in finding ways of blocking or limiting the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions ; certain traders , keen to preserve their freedom to conduct business , apply different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . there are objective justifications for such differential treatment : while the internet is a fantastic area of freedom which should be protected , it would be dangerous to disregard both consumer protection and the interests of very small , small and medium - sized enterprises , which have drawn attention to the various risks entailed in ending geo - blocking : standardisation of supply could produce higher prices ; the fact that many online sales offers are tied to national markets ; or even , the fear that abolishing geo - blocking could stop customised sale of content to a local distributor .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner , certain traders exercise their freedom to conduct business and employ a principle of territoriality which protects the diversity of industries ; setting the rights of customers against this freedom to conduct business would be ill - advised as customers ' purchasing power ís intrinsically linked to optimal business conditions . this principle enables local businesses to survive and encourages their transition to digitisation , which is for very many regional areas a factor in innovation and growth . reaffirmation of this territorial principle should bring clarity and legal certainty for all participants in cross - border transactions .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### furthermore , from a legal viewpoint article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 already exists , compelling member states to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . it should be remembered that this directive allows for the possibility to justify differences in treatment . this legal flexibility is not just beneficial for the parties concerned , and businesses in particular , but introducing rules that are more restrictive could bring about legal inconsistency . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at maintaining the principle of territoriality , including via geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to acknowledge the justification for differential treatment , both direct and indirect , in certain cases , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language of made or the member state where the customer ' s payment instrument has been issued .


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have already been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should not apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to copyright protected works or other protected subject matter , these rights aiming notably to maintain and promote cultural diversity and conserve the heritage related thereto . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the justified differential treatments covered by this regulation typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation .


### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition . ### customers ' purchasing power being linked to businesses ' freedom to conduct business , and by extension , to their rights to establish justified differential treatments , they should each be able to claim proportional and equal protection in the event of a dispute . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### it should be stressed that increasing the possibility for customers to access information related to the sales of goods and the provision of services and increasing transparency , including with respect to prices is most definitely necessary ; however , traders , for reasons related to the promotion of local or national heritage , public safety , research and innovation , may , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . moreover , based on the principle of freedom to conduct business , there should not be any obligation for the trader to engage in commercial transactions with customers .


### certain traders operate different versions of their online interfaces , targeting customers from different member states . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . all versions of the online interface should remain easily accessible to the customer at all times . ### certain traders operate different versions of their online interfaces , targeting customers from different member states . this should remain possible , with redirecting a customer from one version of the online interface to another version , taking care to inform the customer thereof , being possible . at least one version of the online interface should remain easily accessible to the customer at all times .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### in cases where the trader sells goods and there is no cross - border delivery of these goods by or on behalf of the trader to the member state where the customer resides , the trader is entitled to set sales conditions , including price and conditions relating to the delivery of the goods , different from those of customers who are residents of the member state of the trader . the trader may , furthermore , if he so wishes , offer the customer the option of picking up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods .


### the second situation is where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , such as cloud services , data warehousing services , website hosting and the provision of firewalls . in this case , no physical delivery is required , as the services are being supplied electronically . the trader can declare and pay vat in a simplified manner in accordance with the rules on vat mini - one - stop - shop set out in council implementing regulation no 282 / 201126 . _________________ 26 council implementing regulation no 282 / 2011 of 15 march 2011 laying down implementing measures for directive 2006 / 112 / ec on the common system of value added tax . ### in cases where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , such as cloud services , data warehousing services , website hosting and the provision of firewalls . in this case , no physical delivery is required , as the services are being supplied electronically . the trader may declare and pay the vat in accordance with the national law of the member state in which he is established .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria may also be justified . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### traders are free to decide which means of payment they wish to accept , including payment brands . once this choice has been made , in view of the existing legal framework for payment services , customers within the union may take differential treatment measures which are justified , either by refusing certain commercial transactions or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , justified differential treatment may be based on reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted .


### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . _________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . it is therefore desirable to continue to limit , in so far as possible , the risk of fraud , and , for that purpose , to leave traders free to take all legal measures that they consider necessary to minimise the risk of a fraudulent attack . _________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . any ban on geoblocking or equivalent measures should never apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , in the name of compliance with the principle of territoriality , the safeguarding of cultural diversity and the promotion of cultural heritage .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### it is necessary to maintain the principle of territoriality and the freedom of undertakings to take measures entailing direct and indirect differential treatment based on the nationality , place of residence or place of establishment of customers . in this context , the national authorities seem best placed to adopt regulations , as these principles concern specific aspects of local and national production and the national rights of consumers .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### where necessary , member states shall designate one or more bodies responsible for taking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings .


### the bodies referred to in paragraph 1 shall offer consumers a uniform model form to file complaints to the bodies referred to in paragraph 1 and in article 7 . the commission shall assist those bodies in developing this model form . ### the bodies referred to in paragraph 1 shall offer consumers a uniform national model form to file complaints to the bodies referred to in paragraph 1 and in article 7 . the competent national authorities shall assist those bodies in developing this model form .


### in the interests of the proper functioning of the internal market , it is necessary to further improve and expedite cooperation between courts in the taking of evidence . ### in the interests of the proper functioning of the internal market , it is necessary to further improve and expedite cooperation between courts in the taking of evidence in cross - border judicial proceedings .


### modern communications technology , in particular videoconferencing which is an important means to simplify and accelerate the taking of evidence , is currently not used to its full potential . where evidence is to be taken by hearing a person domiciled in another member state as witness , party or expert , the court should take that evidence directly via videoconference , if available to the respective courts , where it deems the use of such technology appropriate on account of the specific circumstances of the case . ### modern communications technology , in particular videoconferencing which is an important means to simplify and accelerate the taking of evidence , is currently not used to its full potential . where evidence is to be taken by hearing a person domiciled in another member state as witness , party or expert , the court should be able to take that evidence directly via videoconference , if available to the respective courts , where it deems the use of such technology compatible with domestic law and not inappropriate on account of the sensitivity of the specific circumstances of the case .


### in order to facilitate the taking of evidence by diplomatic officers or consular agents , such persons may , in the territory of another member state and within the area where they exercise their functions , take evidence without the need for a prior request by hearing nationals of the member state which they represent without compulsion in the context of proceedings pending in the courts of the member state which they represent . ### in order to facilitate the taking of evidence by diplomatic or consular agents , such persons should be able , by express derogation , in the territory of another member state in which they are duly accredited , and within the area where they exercise their functions , to take evidence , on presentation of their authorisation and accreditation , hearing nationals of the member state which they represent , provided that the person to be heard cooperates voluntarily .


### since the objectives of this regulation cannot be sufficiently achieved by the member states and can rather , by reason of the creation of a legal framework ensuring the speedy transmission of requests and communications concerning the performance of taking of evidence , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation can be achieved more effectively at european level by means of the creation of a legal framework ensuring the speedy transmission of requests and communications concerning the performance of taking of evidence in cross - border judicial proceedings , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### in order to update the standard forms in the annexes or to make technical changes to those forms , the power to adopt 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 amendments to the annexes . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making* . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to update the standard forms in the annexes or to make technical changes to those forms , the power to adopt 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 amendments to the annexes . in accordance with article 290 tfeu , these non - legislative delegated acts can only supplement the annexes . they cannot alter the essential elements of the legislative act and must refer only to the annexes forming part of the regulatory framework . parliament and the council may revoke the delegation and / or object to the delegated act and / or stipulate that the delegated act may enter into force only if no objection has been expressed by parliament or the council within a period set by the legislative act . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making* . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### requests and communications pursuant to this regulation shall be transmitted through a decentralised it system composed of national it systems interconnected by a communication infrastructure enabling the secure and reliable cross - border exchange of information between the national it systems . ### requests and communications pursuant to this regulation shall be transmitted through a secure , confidential , decentralised it system composed of national it systems interconnected by a communication infrastructure enabling the secure , reliable and confidential cross - border exchange of information between the national it systems .