### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi shall be governed by an independent&#160 ; steering board , which shall set detailed investment guidelines , determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson .


### the identification of legislation gaps that hamper interoperability between european public administrations ; ### the identification of legislation gaps that hamper cross - border and cross - sector interoperability between european public administrations ;


### national administrations can be supported in their endeavours through specific instruments under the european structural and investment funds . close cooperation under the isa2 programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the union - wide interoperability frameworks and specifications such as the eif . ### national , regional and local administrations can be supported in their endeavours through specific instruments under the european structural and investment funds . close cooperation under the isa2 programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the union - wide interoperability frameworks and specifications such as the eif .


### at political level , the council has repeatedly called for even greater interoperability in europe and for continued efforts to modernise european public administrations . in particular , on 24 and 25 october 2013 , the european council adopted conclusions stressing that the modernisation of public administrations should continue through the swift implementation of services such as e - government , e - health , e - invoicing and e - procurement , which rely on interoperability . ### at political level , the council has repeatedly called for even greater interoperability in europe and for continued efforts to modernise european public administrations . in particular , on 24 and 25 october 2013 , the european council adopted conclusions stressing that the modernisation of public administrations should continue through the swift implementation of services such as e - government , e - health , e - invoicing and e - procurement , which rely on interoperability . the commitment of member states is essential to ensure the rapid deployment of an interoperable e - society in europe and the involvement of public administrations in encouraging the use of online procedures .


### interoperability of european public administrations concerns all levels of administration : european , local , regional and national . it is therefore important that solutions take into account their respective needs , as well as those of citizens and enterprises where relevant . ### interoperability of european public administrations concerns all levels of administration : european , local , regional and national . it is therefore important that solutions take into account their respective needs , as well as those of citizens and enterprises , small and medium - sized enterprises in particular , given their valuable contribution to the european economy .


### the inclusion of actions in the rolling work programme shall be subject to compliance with a set of rules and admission criteria before being included in the rolling work programme . those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme . ### the inclusion of actions in the rolling work programme shall be subject to compliance with a set of selection criteria , as set out in article 6a , before being included in the rolling work programme . the actions of the rolling work programme shall be prioritised in accordance with article 6b . those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme .


### the evaluations shall also examine the benefits of the actions to the union for the advancement of common policies , identify areas for potential improvement and verify synergies with other union initiatives in the area of cross - border or cross - sector interoperability and the modernisation of european public administrations . ### the evaluations shall also examine the benefits of the actions to the union for the advancement of common policies , identify areas for potential improvement and verify synergies with other union initiatives in the area of cross - border or cross - sector interoperability and the modernisation , simplification and efficiency of european public administrations .


### in the implementation of the isa2 programme , due consideration shall be given to the european interoperability strategy , the european interoperability framework and their future updates . ### in the implementation of the isa2 programme , due consideration shall be given to the european interoperability strategy , the european interoperability framework and their future updates . additionally , the isa2 programme shall be in line with the commission ' s digital single market strategy , and support its implementation .


### the rolling work programme shall identify , prioritise , document , select , design , implement and evaluate the actions referred to in article 5 , as well as promote their results . ### the rolling work programme shall cover the actions referred to in article 5 .


### be extensible and applicable to other business or policy areas ; and ### be extensible and applicable to other business or policy areas and flexible with regard to future technological developments and other , or new , business or policy areas ;


### the increase of operational efficiency in existing terminals . ### the increase of operational efficiency in existing terminals by fostering , among other things , the integration of connected systems and the automation of operations as well as investment in digital logistics , information and communications technologies and intelligent transport systems .


### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states should therefore ensure , in coordination with the neighbouring member states and with the commission , that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks . there should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the union . ### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states should therefore ensure , in coordination with the neighbouring member states and with the commission , that a network of efficient terminals to meet existing and future demand for transport infrastructure and increased transhipment capacity is constructed or made available to transport operators . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage , efficiency and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks .


### support measures for combined transport operations should be implemented in compliance with the state aid rules contained in the treaty on the functioning of the european union . ### without prejudice to the state aid rules contained in the treaty on the functioning of the european union , a certain degree of flexibility should apply in respect of support measures for combined transport operations in order to encourage the use of state aid .


### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal . ### member states shall coordinate with neighbouring member states , particularly via close cooperation between their competent authorities , and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km as the crow flies from such terminal . member states may derogate from this 150 - km rule if these facilities have no economic relevance or for reasons related the geographic or natural features of a given area . such derogations must be duly justified by the competent authority .


### the road leg distance limit may be exceeded for combined road / rail transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . ### the road leg distance limit may be exceeded for combined transport operations , in order to reach the geographically nearest transport terminal – including in cases when this is in another member state – which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . with a view to avoiding differences in interpretation between member states , the commission shall lay down , in a delegated act in accordance with article 10 , the criteria under which combined transport operators may exceed the road leg distance limit for combined transport operations . the member states shall be responsible for ensuring compliance with these rules by operators .


### such measures may address any or part of a combined transport operation , such as the operation of a road or non - road leg including the vehicle used on such a leg , or such as the load unit or the transhipment operations . ### such measures may address any or part of a combined transport operation , such as the operation of a road or non - road leg including the vehicle used on such a leg , or such as the load unit , the transhipment operations or labour force training .


### on the basis of an analysis of the national reports , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and two years thereafter the commission shall draw up and submit a report to the european parliament and to the council on : ### on the basis of an analysis of the national reports , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and every two years thereafter the commission shall draw up and submit a report to the european parliament , the council and the member states’ competent authorities on :


### the current definition of combined transport includes different distance limits for the road legs of a combined transport operation , according to the mode of the non - road leg , and , for rail , the absence of a fixed distance limit but instead takes account of the notion of “nearest suitable terminal” to provide some flexibility to take account of specific situations . that definition has raised many difficulties in its implementation due to various interpretations and specific difficulties to establish the conditions for implementation . it would be useful to lift those ambiguities while also ensuring that some measure of flexibility is retained . ### the current definition of combined transport includes different distance limits for the road legs of a combined transport operation , according to the mode of the non - road leg , and , for rail , the absence of a fixed distance limit but instead takes account of the notion of “nearest suitable terminal” to provide some flexibility to take account of specific situations . that definition has raised many difficulties in its implementation due to various interpretations and specific difficulties to establish the conditions for implementation . it would be useful to lift those ambiguities while also ensuring that some measure of flexibility is retained . the commission , in order to create a level playing field for member states in applying the rules , should stipulate the criteria applicable when there is recourse to the flexibility provision . in particular , the availability and efficiency of combined transport infrastructure need to be taken into account .


### since the objectives of this directive to further promote the shift from road transport to more environmentally friendly modes of transport , and hence reduce the negative externalities of the union transport system , cannot be sufficiently achieved by the member states but can rather , by reason of the primarily cross - border nature of freight combined transport and interlinked infrastructure , and of the problems this directive is intended to address , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives ### since the objectives of this directive to further promote the shift from road transport to more environmentally friendly modes of transport , and hence reduce the negative externalities of the union transport system , cannot be sufficiently achieved by the member states but can rather , notably by reason of the cross - border nature of freight combined transport and interlinked infrastructure , and of the problems this directive is intended to address , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives


### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continue to pose problems to the economy , health and well - being of european citizens . despite the fact that road transport is the main contributor of those negative effects , road freight transport is estimated to grow by 60&#160 ; per&#160 ; cent by 2050 . ### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continues to pose problems to the economy , health and well - being of european citizens . air pollution in the eu causes 400&#160 ; 000 premature deaths every year , the annual death toll on the roads is 26&#160 ; 000 , and the estimated cost of congestion is 1 . 1% of the union ' s gdp . despite the fact that road transport is the main contributor of those negative effects , road freight transport could grow by 60&#160 ; per&#160 ; cent by 2050 .


### member states may take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations . ### by 31 december 2021 , member states shall take at least one additional measure to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations , in particular with a view to reducing the time and costs involved in transhipment operations .


### the road leg distance limit may be exceeded for combined road / rail transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . ### the road leg distance limit may be exceeded for combined transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transhipment terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity , terminal opening hours and appropriate rail freight services . member states shall ensure that operators comply with those rules and shall forward to the commission the necessary information concerning authorisations , including the justification for granting derogations and the duration thereof .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### so as to ensure demonstrable progress towards the 2030 commitments , member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 .


### member states may establish adjusted annual national emission inventories for so2 , nox , nh3 , nmvoc and pm2 , 5 in accordance with annex iv where non - compliance with their national emission reduction commitments or their intermediate emission levels would result from applying improved emission inventory methods updated in accordance with scientific knowledge . ### member states may establish adjusted annual national emission inventories for so2 , nox , nh3 , nmvoc and pm2 , 5 in accordance with annex iv where non - compliance with their national emission reduction commitments would result from applying improved emission inventory methods updated in accordance with scientific knowledge .


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this directive .


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


### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural sector . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances . ### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include cost - effective measures applicable to the agricultural sector . investments for emissions reduction in agriculture have long - term implications that differ in respect to farm sizes . this needs to be taken into account accordingly , in order to successfully foster the uptake of mitigation measures . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances . improvements in air quality can be achieved only through proportionate measures without jeopardizing the future of agricultural holdings . the efforts of the agricultural sector in developing animal husbandry procedures must not be undermined by the commitments to reduce emissions of air pollutants . the national air pollution control programs should provide a balance between politically and socially desirable animal husbandry and pollution control .


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the health , environmental , and socioeconomic impacts of this directive .


### the commission shall in any case report as above for the year 2025 , and shall also include information on the achievement of the intermediate emission levels referred to in article 4 paragraph 2 and the reasons for any non - achievement . it shall identify the need for further action also considering the sectorial impacts of implementation . ### when reporting on member states’ emission reductions for the year 2020 and 2025 , the commission shall include explanations for any non - achievement . it shall with member states identify the need for further action to be taken at national level . it shall also assess the need of further legislation proposals , so to ensure compliance with the targets of this directive .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter , methane and mercury in accordance with the national emission reduction commitments applicable from 2020 , 2025 and 2030 , as laid down in annex ii .


### member states shall , where appropriate , coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of union legislation , including directive 2008 / 50 / ec and directive 2000 / 60 / ec of the european parliament and of the council . 30 __________________ 30 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy ### member states shall coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of union legislation , including directive 2008 / 50 / ec and directive 2000 / 60 / ec of the european parliament and of the council . 30 __________________ 30 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 .


### the union and the member states , as appropriate , shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the united nations environment programme , united nations economic commission for europe , the international maritime organization and the international civil aviation organization , including through the exchange of information , concerning technical and scientific research and development , with the aim of improving the basis for emission reductions . ### the union and the member states , as appropriate , shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the united nations environment programme , united nations economic commission for europe , the food and agriculture organization of the united nations , the international maritime organization and the international civil aviation organization , including through the exchange of information , concerning technical and scientific research and development , with the aim of improving the basis for emission reductions .


### the commission may adopt implementing acts specifying the detailed rules for the use of the flexibilities as referred to in paragraphs 1 , 2 and 3 , in accordance with the examination procedure referred to in article 14 . ### the commission may adopt implementing acts specifying the detailed rules for the use of such flexibility as referred to in paragraph 1 , in accordance with the examination procedure referred to in article 14 .


### the commission shall , every five years at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive . ### the commission shall , every 30 months from the implementation of this directive , report to the european parliament and the council on the progress on implementing this directive . in doing so it shall provide an assessment of : its contribution and members&#160 ; states ' efforts&#160 ; to achieving the objectives of this directive the progress of air pollutants’ emissions up to 2025 and 2030 . the progress of achieving the long terms objectives of air quality aims established in the 7th environment action programme . the exceeding of critical loads and levels as well as world health organisation air pollution guide values . member states uptake of eu funding available , which has been used to target air pollution reduction .


### the commission may also specify the format and the necessary information concerning member states ' national air pollution control programmes in the form of implementing acts . these implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 . ### the commission shall also specify the format and the necessary information concerning member states ' national air pollution control programmes in the form of implementing acts . these implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 .


### the commission shall , every five years at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive . ### the commission shall , every 30 months at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive and the reasons for non - achievement , where applicable .


### member states shall provide their national air pollution control programme to the commission [ within three months of the date referred to in article 17 , date to be inserted by opoce ] and updates every two years thereafter . ### member states shall provide their national air pollution control programme to the commission [ within three months of the date referred to in article 17 , date to be inserted by opoce ] and updates every four years thereafter .


### member states shall ensure , if practicable , the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in annex v . ### member states shall monitor , if practicable , adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in annex v .


### the policy priorities and their relationship to priorities set in other relevant policy areas , including climate change ; ### the policy priorities and their relationship to priorities set in other relevant policy areas , including agriculture , rural economic , industrial , mobility &amp ; transport , &#160 ; conservation of nature&#160 ; and climate change ;


### where relevant , an explanation of the reasons why the intermediate emission levels for 2025 cannot be met without measures entailing disproportionate costs ; ### an explanation of the measures taken to achieve national emission reduction commitments ;


### member states shall provide their national air pollution control programme to the commission [ within three months of the date referred to in article 17 , date to be inserted by opoce ] and updates every two years thereafter . ### member states shall provide their national air pollution control programme to the commission [ within six months of the date referred to in article 17 , date to be inserted by opoce ] and updates every four years thereafter .


### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council . 21 member states should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


### the seventh environment action programme18 confirms the union ' s long - term objective for air policy , to achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment , and calls , to that end , for full compliance with the current air quality legislation of the union , post - 2020 strategic targets and actions , enhanced efforts in areas where the population and ecosystems are exposed to high levels of air pollutants , and reinforced synergies between air quality legislation and union ' s policy objectives set for climate change and biodiversity in particular . ––––––––––––––––––––––– 18 proposal for a decision of the european parliament and of the council on a general union environment action programme to 2020 ' living well , within the limits of our planet ' , com 710 , 29 . 11 . 2012 . ### the seventh environment action programme18 confirms the union ' s long - term objective for air policy , to achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health and the environment , and calls , to that end , for full compliance with the current air quality legislation of the union , post - 2020 strategic targets and actions , enhanced efforts in areas where the population and ecosystems are exposed to high levels of air pollutants , and reinforced synergies between air quality legislation and union ' s policy objectives set for climate change and biodiversity in particular . the new common agricultural policy for the 2014 - 2020 period offers the possibility for member states to contribute to air quality with specific measures . future evaluation will provide a better understanding of the effects of these measures . ––––––––––––––––––––––– 18 decision no 1386 / 2013 / eu of the european parliament and of the council of 20 november 2013 on a general union environment action programme to 2020 ‘ living well , within the limits of our planet’ .


### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural sector . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances . ### in order to reduce atmospheric nh3 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include cost - effective measures applicable to the agricultural sector . investments for emissions reduction in agriculture have long - term implications that differ in respect to farm sizes . this needs to be taken into account accordingly , in order to successfully foster the uptake of mitigation measures . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances . improvements in air quality can be achieved only through proportionate measures without jeopardizing the future of agricultural holdings . the efforts of the agricultural sector in developing animal husbandry procedures must not be undermined by the commitments to reduce emissions of air pollutants . the national air pollution control programs should provide a balance between politically and socially desirable animal husbandry and pollution control .


### the commission shall , every five years at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive . ### in the years 2020 , 2025 and 2030 the commission shall report to the european parliament and the council on the progress on implementing eu source - based air pollution policies1a , including an assessment of their contribution to the achievement of the objectives of this directive . the report shall assess the implementation of eu source - based air pollution policies , including the industrial emissions directive1b , at a member state level and to which extent technically supposed reductions are met and which are the reasons for non - achievement , where applicable . __________________ 1 a see wording of amendment on article 3 , paragraph 13 . 1 b directive 2010 / 75 / eu .


### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . ### member states shall not be precluded from imposing more detailed or stricter measures , in particular with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu .


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to the commission of terrorist acts or incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . at the same time , in order to guarantee the protection of minors , it should be possible to apply the relevant technical measures to all platforms on which audiovisual programmes are provided or retransmitted . if no such requirement is imposed on the distributors of traditional audiovisual programmes , minors will be able to access television services with a pornographic content that are retransmitted on those platforms in line with the principle of broadcasting freedom .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . there is a need to introduce certain obligations for member states to have independent regulatory authorities , and a set of administrative and financial requirements should be established in support of independent and effective regulatory authorities .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20&#160 ; % . ### the proportion of television advertising spots and teleshopping spots within the period between 20 : 00 and 23 : 00 shall not exceed 20% within each one - hour period .


### article 7 is deleted ; ### article 7 is replaced by the following : ' article 7 member states shall ensure that media service providers under their jurisdiction make their services continuously and progressively more accessible to people with a visual or hearing disability . 2 . with regard to the implementation of this article , member states shall encourage the development of self - and co - regulatory codes of conduct . the commission and erga shall encourage media service providers to exchange best practices on self - regulatory systems across the union . 3 . by . . . [ three years after the entry into force of this directive ] and every three years thereafter , the commission shall submit to the european parliament , to the council and to the european economic and social committee a report on the application of this provision . '


### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 20% share of european works in their catalogue and ensure prominence of these works . ### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 40% share of european works in their catalogue and ensure prominence of these works . member states may require providers of on - demand audiovisual media services which target audiences on their territory but are established in another member state to include a proportion of european audiovisual works as laid down in the member state targeted .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### member states and the commission shall encourage co - regulation and self - regulation through codes of conduct adopted at national level and european level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions .


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission shall give appropriate publicity to those codes of conduct .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the proportion of television advertising spots and teleshopping&#160 ; spots within a given clock&#160 ; hour shall not exceed 20&#160 ; % .


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . in this connection , the concept of ‘ video - sharing platform provider’ should be understood in the broadest sense of the term , so as to include linear service providers / platforms for the retransmission of audiovisual media services , regardless of the technical means used for retransmission .


### those measures shall consist of , as appropriate : ### those measures may consist of , as appropriate :


### draft union codes of conduct referred to in articles 6a , 9 and 9 and amendments or extensions to existing union codes of conduct shall be submitted to the commission by the signatories of these codes . ### draft union codes of conduct referred to in articles 6a , 9 and 9 and amendments or extensions to existing union codes of conduct shall be submitted to the commission by the signatories of these codes for information .


### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring that their catalogues contain a minimum share of european works and that those are given enough prominence . ### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring that their catalogues contain a minimum share of european works and that those are given enough prominence . the quality of the european works acquired should be equivalent to the rest of the catalogue , in order to guarantee a fair representation of the european production , cultural diversity and know - how . the prominence obligation shall allow users of the service to easily discover and find european works through , for example , a dedicated presence on the homepage , targeted recommendations or dedicated categories .


### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 20 minutes . ; ### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 30 minutes . no television advertising or teleshopping shall be inserted during religious services or during children ' s programmes . ;


### member states shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to articles 5 , 6 , 6a , 9 , 10 , 11 , 12 , 13 , 16 , 17 , 19 to 26 , 30 and 30a , provided that such rules are in compliance with union law . ; ### member states shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules in the fields covered by this directive , provided that such rules are in compliance with union law . of the current directive )


### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines . ### member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the proportion of television advertising spots and teleshopping spots per day shall not exceed 20 % .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . in addition , the proportion of television advertising spots and teleshopping spots within the period between 20 : 00 and 23 : 00 shall not exceed 20 % .


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct for information . the commission may request erga to give an opinion on the drafts or amendments of those codes of conduct . the commission shall give appropriate publicity to those codes of conduct .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to undermine human dignity or any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; any incitement to commit or to seek to justify terrorist acts ;


### any marketing of a product as being identical to the same product marketed in several other member states , while those products have significantly different composition or characteristics ; ### any marketing of a product with seemingly identical presentation to another product , which is marketed under the same brand but presents differences in composition or sensory profile ;


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product with seemingly identical presentation to another product , which is marketed under the same brand but has differences in composition or sensory profile . competent authorities should assess and address such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers .


### in addition to the requirement to ensure adequate and effective means to enforce compliance in article 11 , member states shall ensure that contractual and non - contractual remedies are also available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair commercial practices in accordance with their national law . ### member states shall ensure that contractual and non - contractual remedies are available for consumers harmed by unfair commercial practices , in accordance with their national law .


### where appropriate , the intentional or negligent character of the infringement ; ### the intentional or negligent character of the infringement ;


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 10 000 000 eur or 4 % of the trader ' s total worldwide annual turnover , whichever is higher .


### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ; ### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply digital content to the consumer and the consumer pays or undertakes to pay the price . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ;


### before a consumer is bound by a distance contract , or any corresponding offer , on an online marketplace , the online marketplace shall in addition provide the following information : ### before a consumer is bound by a distance contract , or any corresponding offer , on an online platforms , the online platforms shall in addition provide the following information :


### ‘ digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ; ### ‘ digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ;


### furthermore , any fines imposed as penalties should take into account the annual turnover and profits of the infringing trader and any fines that have been imposed on the trader in other member states for the same infringement in , particular , in the context of the widespread infringements of consumer law and widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 . ### furthermore , any fines imposed as penalties should take into account any fines that have been imposed on the trader in other member states for the same infringement in , particular , in the context of the widespread infringements of consumer law and widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 .


### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are justified on grounds of public policy or the protection of the respect for private life . ### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to specifically defined commercial practices that are identified as aggressive or misleading in the context of commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are proportionate , non - discriminatory and justified by overriding reasons in the public interest .


### using editorial content in the media , or providing information to a consumer’s online search query , to promote a product where a trader has paid for the promotion without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer . this is without prejudice to directive 2010 / 13 / eu48 . __________________ 48 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### using editorial content in the media , or providing information to an online search query , to promote a product or service where a trader has provided remuneration , including remuneration other than money , for a promotion or prominent placement without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer . this is without prejudice to directive 2010 / 13 / eu48 . __________________ 48 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### these common non - exhaustive criteria for the application of penalties may not be relevant in deciding on penalties regarding every infringement , in particular regarding non - serious infringements . member states should also take account of other general principles of law applicable to the imposition of penalties , such as the principle of non bis in idem . ### these common non - exhaustive criteria for the application of penalties may not be relevant in deciding on penalties regarding every infringement , in particular regarding non - serious infringements . in such a case of a non - serious infringement or if the penalties likely to be imposed would constitute a disproportionate burden to the trader , a reprimand may be issued instead of a fine . the imposition of penalties should be subject to appropriate procedural safeguards in accordance with the general principles of union law - such as the principle of non bis in idem - and the charter , including effective judicial protection and due process .


### before a consumer is bound by a distance contract , or any corresponding offer , on an online marketplace , the online marketplace shall in addition provide the following information : ### before a consumer is bound by a distance contract , or any corresponding offer , on an online platform , the online platform operator shall in addition provide the following information in a fair , clear and transparent manner :


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s global turnover calculated on the annual total for the previous year in the member state or member states concerned .


### where applicable , any relevant interoperability of digital content and digital services with hardware and software that the trader is aware of or can reasonably be expected to have been aware of . ### where applicable , any relevant interoperability of digital content and digital services with hardware and software different from the ones with which digital content or services of the same type are normally used .


### non - contractual remedies shall include , as a minimum , the possibility of compensation for damages suffered by the consumer . ### non - contractual remedies shall include the possibility of compensation for damages suffered by the consumer .


### any marketing of a product as being identical to the same product marketed in several other member states , while those products have significantly different composition or characteristics ; ### any marketing of a product with seemingly identical appearance to another product that is marketed with the same or similar trademark , designation or packaging while those products have different composition ;


### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all member states concerned by the coordinated enforcement action . ### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine up to 10 000 000 eur or 4 % of the trader’s total worldwide annual turnover , whichever is higher .


### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are justified on grounds of public policy or the protection of the respect for private life . ### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to specific marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home that are identified as aggressive or misleading , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are proportionate , non - discriminatory and justified by overriding reasons in the public interest .


### where the penalty to be imposed is a fine , the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of its amount . ### the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of the level of penalty .


### any marketing of a product as being identical to the same product marketed in several other member states , while those products have significantly different composition or characteristics ; ### any marketing of a product as being identical to the same product marketed in several other member states , while those products have significantly different composition or characteristics - differences which cannot be objectively justified ;


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s total worldwide annual turnover .


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product with seemingly identical presentation to another product , which is marketed under the same brand but has differences in composition or sensory profile . competent authorities should assess and address such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers .


### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all member states concerned by the coordinated enforcement action . ### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 10 000 000 eur or 4 % of the trader’s total worldwide annual turnover , whichever is higher .


### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 4% of the trader ' s annual turnover in the member state concerned . ### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is up to 10 000 000 eur or 4% of the trader ' s total worldwide annual turnover of the preceding financial year , whichever is higher .


### the main parameters determining ranking of offers presented to the consumer as result of his search query on the online marketplace ; ### the main parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online platforms ;


### ‘ digital service’ means a service allowing the consumer the creation , processing or storage of , or access to , data in digital form ; or a service allowing the sharing of or any other interaction with data in digital form uploaded or created by the consumer and other users of that service , including video and audio sharing and other file hosting , word processing or games offered in the cloud computing environment and social media . ### ‘ digital service’ means a service allowing the consumer the creation , processing or storage of , or access to , data in digital form ; or a service allowing the sharing of or any other interaction with data in digital form uploaded or created by the consumer and other users of that service .


### while off - premises sales constitute a legitimate and well - established sales channel , like sales at a trader ' s business premises and distance–selling , some particularly aggressive or misleading marketing practices in the context of visits to the consumer ' s home without the consumer ' s prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and / or purchases at excessive prices , often involving immediate payment . such practices often target elderly or other vulnerable consumers . some member states consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off - premises sales within the meaning of directive 2011 / 83 / eu , such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer ' s home or commercial excursions , on grounds of public policy or the respect for consumers’ private life protected by article 7 of the charter of fundamental rights of the eu . in accordance with the principle of subsidiarity and in order to facilitate enforcement , it should therefore be clarified that directive 2005 / 29 / ec is without prejudice to member states ' freedom to make arrangements without the need for a case - by - case assessment of the specific practice , to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life . any such provisions should be proportionate and not discriminatory . member states should be required to notify any national provisions adopted in this regard to the commission so that the commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures . ### while off - premises sales constitute a legitimate and well - established sales channel , some particularly aggressive or misleading marketing practices in the context of commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and / or purchases at excessive prices , often involving immediate payment . in accordance with the principle of subsidiarity and in order to facilitate enforcement , it should therefore be clarified that directive 2005 / 29 / ec is without prejudice to member states ' freedom to make arrangements to protect the legitimate interests of consumers with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers . any such provisions should be proportionate and not discriminatory . member states should be required to notify any national provisions adopted in this regard to the commission so that the commission can make this information available to all interested parties and examine the proportionate nature and legality of those measures .


### contractual remedies shall include , as a minimum , the possibility for the consumer to unilaterally terminate the contract . ### contractual remedies shall include , as a minimum , the possibility for the consumer to obtain a price reduction or to unilaterally terminate the contract .


### where appropriate , the intentional or negligent character of the infringement ; ### the intentional or negligent character of the infringement ;


### furthermore , any fines imposed as penalties should take into account the annual turnover and profits of the infringing trader and any fines that have been imposed on the trader in other member states for the same infringement in , particular , in the context of the widespread infringements of consumer law and widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 . ### furthermore , any fines imposed as penalties should take into account any fines that have been imposed on the trader in other member states for the same infringement in , particular , in the context of the widespread infringements of consumer law and widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 .


### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query . ### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers and their relative importance , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results and their relative importance is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query .


### contractual remedies shall include , as a minimum , the possibility for the consumer to unilaterally terminate the contract . ### contractual remedies shall include the possibility for the consumer to unilaterally terminate the contract .


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product with seemingly identical presentation to another product , which is marketed under the same brand but presents differences in composition or sensory profile , as defined by the eu harmonised testing methodology developed by the commission ' s joint research centre . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets , and the recommendations on common interpretation defined by the high level forum for better functioning of the supply chain of found differences based on the eu harmonised testing methodology developed by the commission ' s joint research centre .


### the main parameters determining ranking of offers presented to the consumer as result of his search query on the online marketplace ; ### the methods for referencing , ranking and dereferencing the content of offers presented to the consumer as a result of his search query on the online platform , indicating the default ranking criteria , their main parameters and their relative weighting ;


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be up to 10 000 000 eur or 4% of the trader’s total worldwide annual turnover of the preceding financial year , whichever is higher .


### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query . ### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers and the relative importance of those main parameters as opposed to other parameters , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear , unambiguous and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results and about the relative importance of those main parameters as opposed to other parameters is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query .


### the main parameters determining ranking of offers presented to the consumer as result of his search query on the online marketplace ; ### all parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplace ;


### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 4% of the trader ' s annual turnover in the member state concerned . ### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 10 000 000 eur or 4% of the trader ' s total worldwide annual turnover whichever is higher


### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ; ### ‘ contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply digital content to the consumer and the consumer pays or undertakes to pay the price . this also includes contracts where the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content , or for the trader to comply with legal requirements to which the trader is subject , and the trader does not process this data for any other purpose ;


### the number of consumers affected , including those in other member state ; ### the number of consumers actually harmed , including those actually harmed in other member state ;