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


### in order to facilitate the introduction of natural gas vehicles the current total hydrocarbons emission limit should be increased and the effect of methane emissions should be taken into account and expressed as a co2 equivalent for regulatory and consumer information purposes . ### in order to facilitate the introduction of natural gas vehicles on equal standards , the current limit for total hydrocarbons , especially methane should be fully taken into account in expressing emissions as a co2 equivalent calculated on the stoichiometrics of methane dissociation thus boosting environmental protection as well as allowing to choose on a transparent and comparable co2 emissions basis , for regulatory and consumer information purposes .


### tyres are characterised by a number of interrelated parameters that are interrelated . improving one parameter such as rolling resistance may have an adverse impact on others such as wet grip , while improving wet grip may have an adverse impact on external rolling noise . tyre manufacturers should be encouraged to optimise all parameters beyond the standards already achieved . ### tyres are characterised by a number of interrelated parameters that are interrelated . improving one parameter such as rolling resistance may have an adverse impact on others such as wet grip , while improving wet grip may have an adverse impact on external rolling noise . tyre manufacturers should be encouraged to optimise all parameters beyond the standards already achieved and to make decisions that take into account both reduced rolling resistance and other criteria .


### in order to secure competition and the supply of electricity at the most competitive price , member states and national regulatory authorities should facilitate cross - border access for new suppliers of electricity from different energy sources as well as for new providers of power generation , storage and demand response . ### in order to secure competition and the supply of electricity at the most competitive price , member states and national regulatory authorities should facilitate access for new suppliers of electricity from different energy sources as well as for new providers of power generation , storage and demand response .


### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction . ### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . in addition , member states should apply targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting may be applied in limited circumstances .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 , impacting all member states and especially the less developed ones . member states of the union suffer in particular from a lack of investment as a consequence of austerity policies and the fiscal constraints on member states . this&#160 ; austerity policy&#160 ; slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness .


### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential . ### comprehensive action is required to reverse the vicious circle created by a lack of investment . the stop of austerity policy and implementation of a new monetary policy about relinquishing the euro as the single currency are preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance . ### broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under national bodies of law and union law . territorial - based sales of rights and exclusivity clauses play a major role in the financing and distribution of this content . this investment is particularly relevant in the case of the cross - border distribution of content across the eu , as was pointed out by the european audiovisual observatory in its study on territoriality in 2015 , because the eu market is heterogeneous and very fragmented – owing to differences in the language , culture and tastes of the public – and , therefore , obliges broadcasting organisations to adapt to national circumstances .


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


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of , and access to , television and radio programmes , pitting traditional audiovisual media services against increasingly fierce international competition , including from on - line platforms . to meet user demand for access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services , broadcasting organisations have managed to adapt and offer innovative solutions such as online services ancillary to their broadcasts , like simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . these new techniques have made it possible to offer users a broad choice and increasingly easy access to high - quality content .


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


### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , such as its absolute energy consumption or durability , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers . ### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , which is based on data that are measurable and verifiable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers .


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the energy efficiency of energy - related products and of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products .


### they shall deliver labels promptly and free of charge on request from dealers ; ### they shall deliver labels promptly and free of charge on request from dealers , without prejudice to a dealer ' s preference as regards the form of the label ;


### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that no products are expected to fall in energy classes a or b at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later . ### the commission shall ensure that , when a label is introduced or revised , no new revision is expected to be needed within a timeframe of ten years .


### suppliers shall provide both the current and the rescaled labels to dealers for a period of six months before the date specified in paragraph . ### suppliers shall provide the rescaled labels to dealers .


### ‘ dealer’ means a retailer or other person who sells , hires , offers for hire purchase or displays products to customers ; ### ‘ dealer’ means a natural or legal person in the supply chain who makes a product available for sale and is not a manufacturer or importer ;


### they shall display in a visible manner the label provided by the supplier or otherwise made available for a product covered by a delegated act ; ### they shall display in a visible manner , directly on the appliance or in its immediate proximity , the label provided by the supplier for a product covered by a delegated act ;


### they shall ensure the accuracy of the labels and product information sheets that they provide and produce technical documentation sufficient to enable the accuracy to be assessed ; ### they shall ensure the accuracy of the labels and product information sheets that they provide and produce technical documentation in one of the official languages of the eu sufficient to enable the accuracy to be assessed by market surveillance authorities ;


### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , such as its absolute energy consumption or durability , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers . ### ' supplementary information ' means information on the functional and environmental performance of an energy - related product which is based on data that are measurable and verifiable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers .


### they shall make reference to the energy efficiency class of the product in any advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act ; ### they shall make reference to the energy efficiency class of the product in any technical promotional material for a specific model of products in accordance with the relevant delegated act ; they shall make reference to the energy efficiency class of the product in any advertisement for a specific model of products , in cases where energy - related or price - related information is indicated .


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


### the commission shall , having consulted the consultation forum referred to in article 10 , establish a working plan which shall be made publicly available . the working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts . the working plan shall also set out plans for the revision and rescaling of labels of products or product groups . the working plan may be amended periodically by the commission after consultation with the consultation forum . the working plan may be combined with the working plan required by article 16 of directive 2009 / 125 / ec . ### the commission shall , having consulted the consultation forum referred to in article 10 , establish a working plan which shall be made publicly available . the working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts . the working plan shall also set out plans , where necessary , for the revision and rescaling of labels of products or product groups .


### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that no products are expected to fall in energy classes a or b at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later . ### the commission shall ensure , on the basis of technical studies concerning future potential developments , that , when a label is introduced or rescaled , the requirements are laid down so that , at the moment of the introduction of the label , most products will not fall into energy efficiency class a for an estimated period of at least ten years .


### dealers shall replace the existing labels on products on display including on the internet with the rescaled labels within one week following the date specified for that purpose in the relevant delegated act . dealers shall not display the rescaled labels before that date . ### dealers may continue to sell goods with the existing label if they were already in stock when the new labels were introduced .


### following a request from the commission , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states or the european cybersecurity certification group established under article 53 may propose the preparation of a candidate european cybersecurity certification scheme to the commission . ### member states or the european cybersecurity certification group shall prepare a european cybersecurity certification scheme which meets the requirements laid down by member states that are set out in articles 45 , 46 and 47 of this regulation .


### “where a call for proposal is launched prior to the entry into force of regulation xxx / yyy amending the present regulation the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . where the document setting out the conditions for support is provided to the beneficiary within a period of 6 months starting from the date of entry into force of regulation xxx / yyy the managing authority may decide not to apply those amended provisions . ” ### “the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 12 months starting from the date of entry into force of regulation xxx / yyy and when a disproportionate administrative burden is created it may decide to extend the transitional periods up until programme closure . ”


### “where a call for proposal is launched prior to the entry into force of regulation xxx / yyy amending the present regulation the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . where the document setting out the conditions for support is provided to the beneficiary within a period of 6 months starting from the date of entry into force of regulation xxx / yyy the managing authority may decide not to apply those amended provisions . ” ### “the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . the managing authority or monitoring committee for the programmes under the european territorial cooperation goal may decide to extend the six - moth transitional period until programme closure . it shall notify the commission of such decision before the expiration of the six - month transitional period . ”


### a vehicle of category n1 with a maximum tail - pipe emission expressed in co2g / km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in table 2 in the annex , or ; ### a vehicle of category n1 as referred to in table 2 in the annex , or ;


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . this communication should also have re - examined the production - oriented nature of the cap , the massive use of pesticides that it has encouraged and the dramatic social consequences that it has engendered .


### member states shall ensure that a final declaratory decision referred to in article 6 is deemed as irrefutably establishing the liability of the trader towards the harmed consumers by an infringement for the purposes of any actions seeking redress before their national courts against the same trader for that infringement . member states shall ensure that such actions for redress brought individually by consumers are available through expedient and simplified procedures . ### member states shall ensure that a final declaratory decision referred to exceptionally and by way of derogation in article 6 is deemed as irrefutably establishing the liability of the trader towards the harmed consumers by an infringement for the purposes of any actions seeking redress before their national courts against the same trader for that infringement . member states shall ensure that such actions for redress brought individually by consumers are available through expedient and simplified procedures and with due regard for the principle that compensation cannot be provided twice for the same instance of harm .


### member states shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in articles 5 and 6 , such as limiting applicable court or administrative fees , granting them access to legal aid where necessary , or by providing them with public funding for this purpose . ### member states shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in articles 5 and 6 , such as limiting applicable court or administrative fees , granting them access to legal aid where necessary .


### this directive shall apply to representative actions brought against infringements by traders of provisions of the union law listed in annex i that harm or may harm the collective interests of consumers . it shall apply to domestic and cross - border infringements , including where those infringements have ceased before the representative action has started or before the representative action has been concluded . ### this directive shall apply to representative actions brought against infringements by traders of provisions of the union law listed in annex i that harm or may harm the collective interests of consumers . those infringements are marked by their impact on a significant number of consumers under comparable conditions . this directive shall apply to domestic and cross - border infringements , including where those infringements have ceased before the representative action has started or before the representative action has been concluded .


### member states shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court , including a final injunction order referred to in article 5 , is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement . ### member states shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court , including a final injunction order referred to in article 5 , is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement , with due regard for the principle that compensation cannot be provided twice for the same instance of harm .


### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail . ### the independent qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail .


### in order to seek injunction orders , qualified entities shall not have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader . ### in order to seek injunction orders , qualified entities shall have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader .


### member states may require qualified entities to provide sufficient information to support a representative action for redress , including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action . the qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action . in representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action , given the nature of the infringement and characteristics of the damages suffered by consumers concerned . ### member states may require qualified entities to provide sufficient information to support a representative action for redress , including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action . the qualified entity should be required to individually identify all consumers concerned by an infringement , and to obtain their prior consent to be involved in the representative action , in order to initiate the action . in representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action , given the nature of the infringement and characteristics of the damages suffered by consumers concerned .


### individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1 , 2 and 3 . the redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . ### individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1 , 2 and 3 . the redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may possibly have under union or national law . however , compensation cannot be provided twice for the same instance of harm .


### in order to seek injunction orders , qualified entities shall not have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader . ### in order to seek injunction orders , qualified entities shall have to obtain the mandate of a significant number of consumers concerned and provide an approximate assessment of actual loss or damage on the part of the consumers concerned . they shall not be required to provide proof of intention or negligence on the part of the trader .


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### member states shall ensure that the court or administrative authority shall inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually .


### –critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### –critical infrastructure , including energy , transport , communications , media , health services , data storage , space or financial infrastructure , as well as sensitive facilities ;


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order .


### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . ### no later than . . . [ three years after the entry into force of this regulation ] , and every three years thereafter , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal .


### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security or public order . ### this regulation establishes a framework of minimum requirements for the screening by the member states of foreign direct investment in the union on the grounds of national security or public order and sets out the role of the commission in such screening .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address a non - binding opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security , public order or strategic interest . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , a list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of the national security of one or more member states , public order or strategic interest .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding common security and defence policy , critical or sensitive infrastructure , critical technologies or critical inputs . a list of projects or programmes of union interest is included in annex 1 . the commission shall be empowered to adopt delegated acts in accordance with article 13a regarding the integration and updating of annex i .


### –critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### –critical or sensitive infrastructure , including energy , water , transport , healthcare , education , universities communications and the media , data storage and management , space , research or financial infrastructure , as well as sensitive facilities ;


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to encourage cooperation between the member states by establishing a framework for the screening of foreign direct investment in the union on grounds of security , public order or strategic interest . this is without prejudice to the sole responsibility of the member states for the maintenance of national security and public order .


### a broad range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered . ### investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a member state should be covered .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account the fact that the foreign investor is controlled by the government of a third country , including through significant funding , or the possibility that the foreign direct investment could lead to a monopolistic structure .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst fully safeguarding the prerogatives of the member states to screen foreign direct investments on grounds of national security , public and strategic interest .


### the water resources of the union are increasingly coming under pressure , leading to water scarcity and quality deterioration . in particular , climate change and drought are contributing significantly to the strain on the availability of freshwater , arising from urban development and agriculture . ### the water resources of the union are increasingly coming under pressure , leading to water scarcity and quality deterioration . in particular , climate change and drought are contributing significantly to the strain on the availability of freshwater , arising in particular from urban development , poor infrastructure management , network leaks , industry and agriculture .


### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination , but such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse , and , as regards in particular agricultural products , the potential obstacles to the free movement of such products irrigated with reclaimed water . ### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered , according to the latest scientific knowledge on the subject , to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination . however , such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse .


### competent authorities should verify compliance of the reclaimed water with the conditions set out in the permit . in cases of non - compliance , they should require the reclamation plant operator to take the necessary measures to ensure compliance . the operators of reclamation plants should immediately suspend any supply of the reclaimed water when non - compliance causes a significant risk to the environment or to human health . ### competent authorities should verify compliance of the reclaimed water with the conditions set out in the permit . in cases of non - compliance , they should require the reclamation plant operator to take the necessary measures to ensure compliance . the operators of reclamation plants should immediately suspend any supply of the reclaimed water when non - compliance causes a risk to the environment or to human health .


### the purpose of this regulation is to guarantee that reclaimed water is safe for its intended use , thereby ensuring a high level of protection of human and animal health and the environment , addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the union , thus also contributing to the efficient functioning of the internal market . ### the purpose of this regulation is to guarantee , on the basis of current scientific knowledge , that reclaimed water is safe for its intended use , thereby ensuring a high level of protection of human and animal health and the environment , addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the union , thus also contributing to the efficient functioning of the internal market .


### the reclamation plant operator shall draw - up a water reuse risk management plan based on the key risk management tasks set out in annex ii . the water reuse risk management plan shall propose any additional requirements to those specified in annex i necessary to further mitigate any risks , and shall , inter alia , identify hazards , risks and appropriate preventive measures . ### the reclamation plant operator shall draw - up a water reuse risk management plan based on the key risk management tasks set out in annex ii for which he is responsible . the water reuse risk management plan shall propose any additional requirements to those specified in annex i necessary to further mitigate any risks , and shall , inter alia , identify hazards , risks and appropriate preventive measures .


### the competent authority shall verify compliance of the reclaimed water with the conditions set out in the permit , at the point of compliance . the compliance check shall be performed using the following means : ### before issuing a permit , the competent authority shall verify compliance of the reclaimed water with the conditions set out in the permit , at the point of compliance . the compliance check shall be performed using the following means :


### the competent authority shall verify compliance of the reclaimed water with the conditions set out in the permit , at the point of compliance . the compliance check shall be performed using the following means : ### the competent national authority shall verify compliance of the reclaimed water with the conditions set out in the permit , at the point of compliance . the compliance check shall be performed using the following means :


### in the event of non - compliance , the competent authority shall require the reclamation plant operator to take any necessary measures to restore compliance without delay . ### in the event of non - compliance detected after issue of a permit , the competent authority shall require the reclamation plant operator to halt the supply of reclaimed water until the necessary measures to restore compliance have been taken .


### where non - compliance causes a significant risk to the environment or to human health , the reclamation plant operator shall immediately suspend any further supply of the reclaimed water until the competent authority determines that compliance has been restored . ### where non - compliance causes a risk to the environment or to human health , the reclamation plant operator shall immediately suspend any further supply of the reclaimed water until the competent authority determines that compliance has been restored .


### if an incident affecting compliance with the permit ' s conditions occurs , the reclamation plant operator shall immediately inform the competent authority and the end - user which may be potentially affected , and communicate to the competent authority the information necessary for assessing the impacts of such an incident . ### if an incident affecting compliance with the permit ' s conditions occurs , the reclamation plant operator shall immediately inform the competent authority and all end - user and communicate to the competent authority the information necessary for assessing the impacts of such an incident .


### artificial barriers to the operation of the internal market should be removed , while still allowing the member states and the union to implement a variety of road - charging policies for all types of vehicles at local , national or international level . the equipment installed in vehicles should allow such road - charging policies to be implemented in accordance with the principles of non - discrimination between the citizens of all member states . the interoperability of electronic toll systems at union level therefore needs to be ensured as soon as possible . ### member states and the union should be allowed to implement a variety of road - charging policies for all types of vehicles at local , national or international level . the equipment installed in vehicles should allow such road - charging policies to be implemented in accordance with the principles of non - discrimination between the citizens of all member states . the interoperability of electronic toll systems at union level therefore needs to be ensured as soon as possible .


### when sending the information letter to the owner , the holder of the vehicle or to the otherwise identified person suspected of failing to pay the road fee , the member state in whose territory there was a failure to pay a road fee shall , in accordance with its law , include any relevant information , notably the nature of the failure to pay the road fee , the place , date and time of the failure to pay the road fee , the title of the texts of the national law infringed and the sanction and , where appropriate , data concerning the device used for detecting the offence . for that purpose , the member state in whose territory there was a failure to pay a road fee may use the template set out in annex iii . ### when sending the information letter to the holder of the vehicle or to the otherwise identified person suspected of failing to pay the road fee , the member state in whose territory there was a failure to pay a road fee shall , in accordance with its law , include any relevant information , notably the nature of the failure to pay the road fee , the place , date and time of the failure to pay the road fee , the title of the texts of the national law infringed and the sanction and , where appropriate , data concerning the device used for detecting the offence . for that purpose , the member state in whose territory there was a failure to pay a road fee may use the template set out in annex iii .


### member states shall report the data concerning the implementation of article 7 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 1d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 7 every three calendar years to the commission . they shall report this data electronically within 18 months of the end of the three years period for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 1d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 3 years ] .


### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 16 every three calendar years to the commission . they shall report this data electronically within 18 months of the end of the three years period for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 3 years ] .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific non - binding recommendations for improvement . the report shall be drawn up every three years .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall cover an assessment of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall cover an assessment of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific non - binding recommendations for improvement . the report shall be drawn up every three years .


### a zero - emission heavy - duty vehicle shall be counted as 2 vehicles ; ### a motorised zero - emission heavy - duty vehicle , whether it is a carrier or a tractor , shall be counted as one vehicle ;


### a low - emission heavy - duty vehicle shall be counted as up to 2 vehicles according to a function of its specific co2 emissions and the threshold emission level of 350 g co2 / km . ### a motorised low - emission heavy - duty vehicle shall be counted as just one vehicle , regardless of whether it is a tractor or carrier , according to a function of its specific co2 emissions and the threshold emission level of 350 g co2 / km .


### for that purpose , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real - world co2 emissions and energy consumption of heavy - duty vehicles . ### for that purpose , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real - world co2 emissions and energy consumption of motorised heavy - duty vehicles , taking into account the specific operating conditions that apply owing to the type of bodywork concerned , or the type of semi - trailer to be coupled .


### berec should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . _________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 . ### berec should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . berece also needs to be at the full service of the member states , and must abide by their respective laws . _________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 .


### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list of experts drawn up by the commission and by the representatives of the member states following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency .


### in order to carry out its tasks effectively , berec should have the right to request all necessary information from the commission , the nras and , as a last resort , other authorities and undertakings . requests for information should be proportionate and not impose an undue burden on the addressees . nras , which are closest to the electronic communications markets , should cooperate with berec and have a timely and accurate provision of information to ensure that berec is able to fulfil its mandate . berec should also share with the commission and the nras the necessary information based on the principle of sincere cooperation . ### in order to carry out its tasks effectively , berec should have the right to request all necessary information from the commission , the nras and , as a last resort , other authorities and undertakings , ensuring that the digital data of every european citizen and the member states are kept secure at last , by way of an independent european strategy for digital sovereignty . requests for information should be proportionate and not impose an undue burden on the addressees . nras , which are closest to the electronic communications markets , should cooperate with berec and have a timely and accurate provision of information to ensure that berec is able to fulfil its mandate . berec should also share with the member states and the nras the necessary information based on the principle of sincere cooperation .


### the european council conclusions of october 2014 endorsed a greenhouse gas emissions reduction of 30% by 2030 compared to 2005 for the sectors that are not part of the european union emissions trading system . road transport provides a major contribution to the emissions of those sectors , and its emissions remain significantly above 1990 levels . if the road transport emissions increase further , it will offset reductions made by other sectors to combat climate change . ### the european council conclusions of october 2014 endorsed a greenhouse gas emissions reduction of 30% by 2030 compared to 2005 for the sectors that are not part of the european union emissions trading system . road transport provides a major contribution to the emissions of those sectors , and its emissions remain significantly above 1990 levels . if the road transport emissions increase further , it will offset reductions made by other sectors to combat climate change , assuming the other sectors are capable of achieving their targets , which means that the ambitious targets set are far from being achieved .


### an evaluation of regulations no 443 / 2009 and no 510 / 2011 in 2015 concluded that those regulations have been relevant , broadly coherent , and have generated significant emissions savings , whilst being more cost - effective than originally anticipated . they have also generated significant added value for the union that could not have been achieved to the same extent through national measures . ### an evaluation of regulations no 443 / 2009 and no 510 / 2011 in 2015 concluded that those regulations have generated significant emissions savings , whilst being more cost - effective than originally anticipated . they have also generated significant added value for the union that could not have been achieved to the same extent through national measures .


### while the union is among the world ' s major producers of motor vehicles and demonstrates technological leadership in this sector , competition is increasing and the global automotive sector is changing rapidly through new innovations in electrified powertrains , and cooperative , connected and automated mobility . in order to retain its global competitiveness and access to markets , the union needs a regulatory framework , including a particular incentive in the area of zero - and low - emission vehicles , which creates a large home market and supports technological development and innovation . ### while the union is among the world ' s major producers of motor vehicles and demonstrates technological leadership in this sector , competition is increasing and the global automotive sector is changing rapidly through new innovations in electrified powertrains , and cooperative , connected and automated mobility . in order to retain its global competitiveness and access to markets , the union needs a stable regulatory framework , including a particular incentive in the area of zero - and low - emission vehicles , which creates a large home market and supports technological development and innovation .


### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes . ### in the interests of efficiency , a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 500 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion .


### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative . ### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a part of the initiative does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative .


### after the commission has registered an initiative in accordance with article 6 , it shall provide the translation of the content of that initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation . a group of organisers may , in addition , provide translations into all the official languages of the union of the annex for its publication in the register and also , as the case may be , of the draft legal act referred to in annex ii and submitted in accordance with article 6 . ### after the commission has registered an initiative in accordance with article 6 , it shall provide the translation of the whole initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation .


### each member state shall establish one or more contact points to provide information and assistance to groups of organisers in setting up a european citizens’ initiative . ### each member state shall appoint one or more contact points to provide information and assistance to groups of organisers in setting up a european citizens’ initiative .


### without prejudice to the liability of the representative of the group of organisers as data controller under article 82 of regulation 2016 / 679 , the members of a group of organisers shall be jointly and severally liable , in accordance with applicable national law , for any damage caused in the organisation of an initiative by unlawful acts committed intentionally or with serious negligence . ### without prejudice to the liability of the representative of the group of organisers as data controller under article 82 of regulation 2016 / 679 , the members of a group of organisers shall be liable , in accordance with applicable national law , for any damage caused in the organisation of an initiative .


### partially register the initiative if a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties ; ### partially register the initiative if a part of the initiative does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties ;


### the commission shall be represented in the hearing at an appropriate level . ### the commission shall be represented in the hearing at the highest level .


### within five months after the publication of the initiative in accordance with article 14 , and after the public hearing referred to in article 14 , the commission shall set out in a communication its legal and political conclusions on the initiative , the action it intends to take , if any , and its reasons for taking or not taking action . ### within five months after the publication of the initiative in accordance with article 14 , and after the public hearing referred to in article 14 , the commission shall set out in a communication its legal and political conclusions on the initiative , the action it intends to take , if any , and explain in a clear , comprehensible and detailed manner the reasons for taking or not taking action .


### 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 . when left unprotected by their 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 : the risk that 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 . not only is this legal flexibility beneficial for the parties concerned , particularly businesses , but introducing more restrictive rules could also give rise to 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 .


### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . ### this regulation is necessary therefore to maintain the principle of territoriality .


### 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 a certain degree of 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 .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### it should be ensured that this regulation does not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### 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 .


### the effects for customers and on the internal market of discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the union are the same , regardless of whether a trader is established in a member state or in a third country . therefore , and with a view to ensuring that competing traders are subject to the same requirements in this regard , the measures set out in this regulation should apply equally to all traders operating within the union . ### the effects for customers of justified differential treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the union are the same , regardless of whether a trader is established in a member state or in a third country . therefore , and with a view to ensuring that competing traders are subject to the same requirements in this regard , the measures set out in this regulation should apply equally to all traders operating within member states of the european union .