### a qualified trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to meet the requirements laid down in this regulation , in particular in article 19 , unless the qualified trust service provider can prove that he has not acted negligently . ### a qualified trust service provider shall be liable for any damage caused to any natural or legal person due to failure to meet the requirements laid down in this regulation , in particular in article 19 , unless the qualified trust service provider can prove that he has acted with due diligence .


### an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form . ### an electronic signature shall have legal effect and may be admissible as evidence in legal proceedings , it being borne in mind that the qualified electronic signature offers a higher level of security than other types of electronic signature .


### when an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online , any electronic identification means issued in another member state falling under a scheme included in the list published by the commission pursuant to the procedure referred to in article 7 shall be recognised and accepted for the purposes of accessing this service . ### when an electronic identification using an electronic identification means and authentication is required under union or national legislation or administrative practice to access a service online in one member state or in the union institution , the electronic identification means issued in another member state or by the union institution under a scheme included in the list published by the commission pursuant to article 7 shall be recognised in the member state or by the union institution for the purposes of accessing that service online , not later than six months after the list , including that scheme , is published .


### the notifying member state ensures the availability of an authentication possibility online , at any time and free of charge so that any relying party can validate the person identification data received in electronic form . member states shall not impose any specific technical requirements on relying parties established outside of their territory intending to carry out such authentication . when either the notified identification scheme or authentication possibility is breached or partly compromised , member states shall suspend or revoke without delay the notified identification scheme or authentication possibility or the compromised parts concerned and inform the other member states and the commission pursuant to article 7 ; ### the notifying member state ensures the availability of an authentication possibility online , at any time and at a price not exceeding cost so that any relying party can validate the person identification data received in electronic form . member states shall not impose any specific technical requirements on relying parties established outside of their territory intending to carry out such authentication . when either the notified identification scheme or authentication possibility is breached or partly compromised , member states shall suspend or revoke without delay the notified identification scheme or authentication possibility or the compromised parts concerned and inform the other member states and the commission pursuant to article 7 ;


### trust services providers from third countries ### qualified trust services providers from third countries


### trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever possible . ### trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities in accordance with eu law .


### this regulation does not apply to aspects related to the conclusion and validity of contracts or other legal obligations where there are requirements as regards form prescribed by national or union law . ### this regulation shall be without prejudice to provisions of national or union law on the formation or validity of contracts or other private law obligations .


### statistics on the market and usage of qualified trust services , including information on qualified trust service providers themselves , the qualified trust services they provide , the products they use and the general description of their customers . ### statistics on the market and usage of qualified trust services .


### if an electronic signature with a security assurance level below qualified electronic signature is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic signatures matching at least the same security assurance level shall be recognised and accepted . ### if an electronic signature with a security assurance level below qualified electronic signature is required by a member state for accessing a service online offered by a public sector body , on the basis of an appropriate assessment of the risks involved in such a service , all electronic signatures matching at least the same security assurance level shall be recognised .


### a description of the notified electronic identification scheme ; ### a description of the notified electronic identification scheme and , in particular , information on the different security levels ;


### this regulation applies to electronic identification provided by , on behalf or under the responsibility of member states and to trust service providers established in the union . ### this regulation applies to electronic identification issued , in accordance with the notification conditions provided for in article 6 , by member states or issued by a trust service provider on behalf and under the responsibility of member states .


### the authentication possibility specified in point . ### the authentication arrangements specified in point .


### the commission may , by means of implementing acts , establish reference numbers of standards for trustworthy systems and products . compliance with the requirements laid down in article 19 shall be presumed where trustworthy systems and products meet those standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union . ### the commission may , by means of implementing acts , establish reference numbers of standards for trustworthy systems and products . the commission shall ensure , that stakeholder input is duly considered , preferably in form of an impact assessment , when defining standards to be used for the purpose of this regulation . compliance with the requirements laid down in article 19 shall be presumed where trustworthy systems and products meet those standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union .


### an electronic document shall be considered as equivalent to a paper document and admissible as evidence in legal proceedings , having regard to its assurance level of authenticity and integrity . ### an electronic document shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic format .


### an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form . ### an electronic signature shall have legal effect and may be admissible as evidence in legal proceedings . it shall be taken into account that the qualified electronic signature offers a higher level of security than other types of electronic signatures .


### this regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market . ### this regulation lays down rules for electronic identification and trust services for electronic transactions with a view to ensuring the proper functioning of the internal market , guaranteeing a high level of security for identification means and trust services and boosting public trust in the digital world .


### one of the objectives of this regulation is to remove existing barriers to the cross - border use of electronic identification means used in the member states to access at least public services . this regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the member states . the aim of this regulation is to ensure that for the access to cross - border online services offered by the member states , secure electronic identification and authentication is possible . ### one of the objectives of this regulation is to remove existing barriers to the cross - border use of electronic identification means used in the member states to access at least public services . this regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the member states . the aim of this regulation is to ensure that for the access to cross - border online services offered by the member states , secure electronic identification and authentication is possible , with full respect to technology neutrality .


### qualified electronic signatures shall be recognised and accepted in all member states . ### qualified electronic signatures shall be recognised and accepted in member states and institutions of the union .


### the commission may , by means of implementing acts , establish reference numbers of standards for the security levels of electronic signature . compliance with the security level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic signature meets those standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union . ### the commission may , by means of implementing acts , establish reference numbers of standards for the security levels of electronic signature . the commission shall ensure , that stakeholder input is duly considered , preferably in form of an impact assessment , when defining standards to be used for the purpose of this regulation . compliance with the security level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic signature meets those standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . the commission shall publish those acts in the official journal of the european union .


### electronic seals should serve as evidence that an electronic document was issued by a legal person , ensuring certainty of the document’s origin and integrity . ### valid electronic seals should serve as prima facie evidence for the authenticity and integrity of an electronic document associated with them . this should be without prejudice to national provisions on power of attorney , representation and legal capacity .


### member states shall not request for accessing a service online offered by a public sector body an electronic seal with higher security assurance level than qualified electronic seals . ### member states shall not request for accessing a service online offered by a public sector body an electronic seal with higher security level than qualified electronic seals .


### mutual recognition and acceptance ### mutual recognition


### a qualified electronic seal shall enjoy the legal presumption of ensuring the origin and integrity of the data to which it is linked . ### a valid qualified electronic seal shall serve as prima facie evidence for the authenticity and integrity of the electronic document associated with it . this shall be without prejudice to national provisions on power of attorney and representation .


### qualified trust service providers shall notify the supervisory body of their intention to start providing a qualified trust service and shall submit to the supervisory body a security audit report carried out by a recognised independent body , as provided for in article 16 . qualified trust service providers may start to provide the qualified trust service after they have submitted the notification and security audit report to the supervisory body . ### qualified trust service providers shall notify the supervisory body of their intention to start providing a qualified trust service and shall submit to the supervisory body a security audit report carried out by a recognised independent body , as provided for in article 16 .


### it is capable of identifying the signatory ; ### it is capable of guaranteeing the legal validity of the identity of the signatory ;


### the provisions on data protection set out in the council framework decision 2008 / 977 / jha of 27 november 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters9 shall apply to personal data processed under this directive . ### the provisions on data protection set out in directive 95 / 46 / ec shall apply to personal data processed under this directive . the competent authorities of the other member states shall not store the information sent by the member state of the offence . that information shall be sent and used solely for the purposes of this directive , and , upon conclusion of proceedings , all data must be verifiably deleted . the member state of registration shall record only the date and the competent authority of the member state of the offence to whom the information was sent .


### the member state of the offence shall , under this directive , use the data obtained in order to establish who is personally liable for road safety related traffic offences referred to in articles 2 and 3 . ### the member state of the offence shall , under this directive , use the data obtained in order to establish who is liable under national law for road safety related traffic offences referred to in articles 2 and 3 .


### special attention shall be paid to pension reforms introducing a multi - pillar system that includes a mandatory , fully funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved . ### within these reforms , special attention shall be paid to the sustainability of pension systems . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved .


### discretionary reductions of government revenue items are matched either by expenditure cuts or by discretionary increases in other government revenue items or both . ### for member states that have not yet reached their medium - term budgetary objective , discretionary reductions of government revenue items are matched either by expenditure reductions or by discretionary increases in other government revenue items or both . the expenditure aggregate should exclude interest expenditure , expenditure on eu programmes fully matched by eu funds revenue and non - discretionary changes in unemployment benefit expenditure . the excess of expenditure growth over the medium - term references should not be counted as a breach of the benchmark to the extent that it is fully offset by revenue increases mandated by law .


### the council , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 . 5% of gdp . the council shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times . ### the council and the commission , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 , 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council and the commission shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 , 5% of gdp . the council and the commission shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times .


### the deviation may be equally not considered in case of severe economic downturn of a general nature . ### a deviation may be not considered significant in case of severe economic downturn for the euro area or the eu as a whole , on condition that this does not endanger fiscal sustainability in the medium - term .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence . ### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu , examine the medium - term budgetary objectives and the expected path of the general debt ratio as presented by the member states concerned in their convergence programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence .


### the prudent medium - term of growth should be assessed on the basis of projections over a ten - year horizon updated at regular intervals . ### the reference medium - term rate of potential gdp growth , shall be assessed on the basis of forward looking projections or on backward looking projections if the latter do not lead to a slower adjustment path towards the medium - term objective . projections shall be updated at regular intervals .


### in the event of a significant deviation from prudent fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures . ### in the event of a significant deviation from prudent fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures . the european parliament may invite the member state concerned to explain its policies in this respect before its competent committee .


### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases where a persistent and significant deviation from prudent fiscal policy making prevails . ### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 tfeu for cases where a persistent and significant deviation from prudent fiscal policy making , lack of action or an unwillingness to cooperate prevail .


### in the event that the significant deviation from prudent fiscal policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council , on a proposal from the commission , shall make the recommendation public . ' ### in the event that the significant deviation from prudent fiscal policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures in such a way that the deviation is compensated for by a correspondingly large exceeding of the objectives in the following three years . the council , on a proposal from the commission , shall make the recommendation public .


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### only in periods of a severe economic downturn or a severe rise in unemployment , including its aftermath and the period in which the economy is still operating below potential member states shall be allowed to temporarily depart from the adjustment path implied by efficient and sustainable fiscal - policy making referred to in the fourth subparagraph in order to facilitate economic recovery .


### the council shall carry out the examination of the stability programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the commission shall examine the stability programme within three months of the submission of the programme . after consulting the economic and financial committee , the commission shall , if necessary , deliver an opinion on the programme . if the commission considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the commission shall , in its opinion , invite the member state concerned to adjust such programme . the council may reject such a commission opinion by qualified majority . the commission opinion shall be made public .


### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ; ### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a reference medium - term rate of potential gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a reference medium - term rate of potential gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ;


### in the event of a significant deviation from prudent fiscal - policy making referred in the fourth subparagraph of article 5 of this regulation , and in order to prevent the occurrence of an excessive deficit , the commission , in accordance with article 121 of the treaty may address a warning to the member state concerned . ### in the event of a significant deviation from the adjustment path towards the medium - term objective referred in the fourth subparagraph of article 5 of this regulation , and in order to prevent the occurrence of an excessive deficit , the commission , in accordance with article 121 of the treaty shall address a warning to the member state concerned . such a warning shall be made public and the european parliament may invite the member state concerned to explain its policies before its competent committee . the council shall , within one month of any significant deviation as referred to in the first subparagraph , adopt a recommendation for policy measures setting a deadline of no more than five months , for addressing the deviation , on the basis of a commission recommendation , based on article 121 tfeu . in the event of a particularly significant deviation or in a particularly serious situation , the deadline shall be no more than three months . the council , on a proposal from the commission , shall make the recommendation public . the commission shall monitor the measures contained in the recommendation on the basis of surveillance visits in accordance with article 6a and prepare a report to the council . that report shall be made public within one month . if the member state concerned fails to take appropriate action within the deadline specified in a council recommendation under the second subparagraph , the council shall immediately adopt a final recommendation setting out the non - compliance of the member state on the basis of a further commission recommendation in accordance with article 121 tfeu . at the same time , the council , on a proposal from the commission , shall address a formal report to the european council . the process from the council recommendation referred to in the second subparagraph to the final council recommendation and report to the european council referred to in the fourth subparagraph shall be no longer than six months . a deviation from the medium - term budgetary objective or the appropriate adjustment path towards it shall be evaluated on the basis of an overall assessment with the structural balance as the reference , including an analysis of expenditure net of discretionary revenue measures , as defined in article 5 , paragraph 1 .


### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of the measures being taken or proposed on the revenue side , is consistent with prudent fiscal - policy making . ### sufficient progress towards the mto shall be evaluated on the basis of an overall assessment with the structural balance as the reference , including an analysis of expenditure net of discretionary revenue measures . to this effect , the council and the commission shall assess whether the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is in line with the following conditions :


### the council , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 . 5% of gdp . the council shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times . ### the council and the commission , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states faced with a debt level exceeding 60% of gdp or with pronounced risks of overall debt sustainability , the council and the commission shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is significantly higher than 0 . 5% of gdp . the council and the commission shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle . ### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu , examine the medium - term budgetary objectives and the expected path of the general debt ratio as presented by the member states concerned in their stability programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle .


### in the event of a significant deviation from prudent fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures . ### in the event of a significant deviation from the adjustment path towards the medium - term objective a warning shall be addressed by the commission to the member state concerned to be followed within one month by a council recommendation , setting a deadline to take the necessary corrective measures . the member state concerned should report to the council on the action taken . if the member state concerned fails to take appropriate action in the deadline set by the council , the council should adopt a recommendation stating so and report to the european council . the commission , in liaison with the ecb for euro area member states and for erm2 member states , may carry out a monitoring mission . the commission will report to the council on the outcome of the mission and will make its findings public within one month .


### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal - policy making . ### as part of multilateral surveillance in accordance with article 121 tfeu , the council and the commission shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal - policy making .


### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases where a persistent and significant deviation from prudent fiscal policy making prevails . ### in the implementation of the rules - based framework under the stability and growth pact , the commission and the council shall take due account of the complementary framework of the european financial stability facility or other permanent crisis mechanism set up under article 136 tfeu .


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### in periods of severe economic downturn of a general nature member states may be allowed , exclusively on account of measures to promote the recovery of the economy , to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph .


### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is consistent with prudent fiscal policy - making . ### sufficient progress towards the mto shall be evaluated on the basis of an overall assessment with the structural balance as the reference , including an analysis of expenditure net of discretionary revenue measures . to this effect , the council and the commission shall assess whether the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is in line with the following conditions :


### in the event that the significant deviation from prudent fiscal - policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council , on a proposal from the commission , shall make the recommendation public . ### in the event that the significant deviation from prudent fiscal - policy making persists or is particularly serious , the commission shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council may reject such a commission recommendation by qualified majority . the council shall make the recommendation public and shall be invited to the european parliament in order to explain its decision before the competent committee .


### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures ; ### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed a reference medium - term rate of potential gdp growth , unless the excess is matched by discretionary revenue measures ;


### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of the measures being taken or proposed on the revenue side , is consistent with prudent fiscal - policy making . ### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council and the commission shall verify that the growth path of government expenditure , taken in conjunction with the effect of the measures being taken or proposed on the revenue side , is consistent with prudent fiscal - policy making .


### discretionary reductions of government revenue items are matched either by expenditure cuts or by discretionary increases in other government revenue items or both . ### for member states that have not yet reached their medium - term budgetary objective , discretionary reductions of government revenue items are matched either by expenditure reductions or by discretionary increases in other government revenue items or both . the expenditure aggregate should exclude interest expenditure , expenditure on eu programmes fully matched by eu funds revenue and non - discretionary changes in unemployment benefit expenditure . the excess of expenditure growth over the medium - term references should not be counted as a breach of the benchmark to the extent that it is fully offset by revenue increases mandated by law .


### fiscal policy - making shall be considered prudent and thereby conducive to the achievement of the medium - term budgetary objective and its maintenance over time if the following conditions are satisfied : ### fiscal policy - making shall be considered prudent and thereby conducive to the achievement of the medium - term budgetary objective and its sustainability over time if the following conditions are satisfied :


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### only in periods of a severe economic downturn or a severe rise in unemployment , including its aftermath and the period in which the economy is still operating below potential member states shall be allowed to temporarily depart from the adjustment path implied by efficient and sustainable fiscal - policy making referred to in the fourth subparagraph .


### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ; ### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate and sustainable adjustment towards the medium - term budgetary objective ;


### the deviation may be equally not considered in case of severe economic downturn of a general nature . ### a deviation may be not considered significant in case of severe economic downturn for the euro area or the eu as a whole , on condition that this does not endanger fiscal sustainability in the medium - term .


### discretionary reductions of government revenue items are matched either by expenditure cuts or by discretionary increases in other government revenue items or both . ### for member states that have not yet reached their medium - term budgetary objective , discretionary reductions of government revenue items are matched either by expenditure reductions or by discretionary increases in other government revenue items or both . the expenditure aggregate should exclude interest expenditure , expenditure on eu programmes fully matched by eu funds revenue and non - discretionary changes in unemployment benefit expenditure . the excess of expenditure growth over the medium - term references should not be counted as a breach of the benchmark to the extent that it is fully offset by revenue increase mandated by law .


### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases where a persistent and significant deviation from prudent fiscal policy making prevails . ### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 tfeu for cases where a persistent and significant deviation from prudent fiscal policy making , lack of action or an unwillingness to cooperate prevail .


### in the event that the significant deviation from prudent fiscal policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council , on a proposal from the commission , shall make the recommendation public . ' ### in the event that the significant deviation from prudent fiscal policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures in such a way that the deviation is compensated for by a correspondingly large exceeding of the objectives in the following three years . the council , on a proposal from the commission , shall make the recommendation public .


### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment . ### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure sustainable public finances and a rapid progress towards sustainability , while leaving room for budgetary manoeuvre , in particular taking into account the needs of public investment conducive to the achievement of the union’s growth and jobs objectives and to improving competitiveness and convergence of its member states .


### a deviation from prudent fiscal policy making shall be considered significant if the following conditions occur : an excess over the expenditure growth consistent with prudent fiscal policy - making , not offset by discretionary revenue - increasing measures ; or discretionary revenue - decreasing measures not offset by reductions in expenditure ; and the deviation has a total impact on the government balance of at least 0 . 5% of gdp in one single year or of at least 0 . 25% of gdp on average per year in two consecutive years . ### the assessment of whether the deviation is significant shall notably include the following criteria : for a member state that has not reached the medium - term budgetary objective , when assessing the change in the structural balance , the deviation shall be considered significant it is at least 0 . 5% of gdp in one single year or at least 0 . 25% of gdp on average per year in two consecutive years ; when assessing expenditure developments net of discretionary revenue measures , the deviation shall be considered significant if it has a total impact on the government balance of at least 0 . 5% of gdp in one single year or cumulatively in two consecutive years .


### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ; ### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a reference medium - term rate of potential gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a reference medium - term rate of potential gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ;


### a temporary departure from prudent fiscal policy - making should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery . ### a temporary departure from the adjustment path towards the medium - term objective may exceptionally be allowed in case of severe economic downturn for the euro - area or the eu as a whole , on condition that this does not endanger fiscal sustainability in the medium - term , in order to facilitate economic recovery .


### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases where a persistent and significant deviation from prudent fiscal policy making prevails . ### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases of persistent and significant deviation from the adjustment path towards the medium - term objective .


### the council shall carry out the examination of the stability programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the commission shall examine the stability programme within three months of the submission of the programme . after consulting the economic and financial committee , the commission shall , if necessary , deliver an opinion on the programme . if the commission considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the commission shall , in its opinion , invite the member state concerned to adjust such programme . the council may reject such a commission opinion by qualified majority . the commission opinion shall be made public .


### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal - policy making . ### as part of multilateral surveillance in accordance with article 121 tfeu , the council and the commission shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal - policy making .


### in the event that the significant deviation from prudent fiscal - policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council , on a proposal from the commission , shall make the recommendation public . ### in the event that the significant deviation from prudent fiscal - policy making persists or is particularly serious , the council within one month , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the commission shall make the recommendation public .


### the prudent medium - term of growth should be assessed on the basis of projections over a ten - year horizon updated at regular intervals . ### the prudent medium - term of growth should be assessed on the basis of projections over a ten - year horizon updated at regular intervals . the commission shall make public a transparent , independent and reasoned assessment of the methodology of those projections .


### the council , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 . 5% of gdp . the council shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times . ### the council and the commission , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 , 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council and the commission shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 , 5% of gdp . the council and the commission shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times .


### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures ; ### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed a reference medium - term rate of potential gdp growth , unless the excess is matched by discretionary revenue measures ;


### in the event that the significant deviation from prudent fiscal - policy making persists or is particularly serious , the council , on a recommendation from the commission , shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council , on a proposal from the commission , shall make the recommendation public . ### in the event that the significant deviation from prudent fiscal - policy making persists or is particularly serious , the commission shall address a recommendation to the member state concerned to take the necessary adjustment measures . the council may reject such a commission recommendation by qualified majority . the council shall make the recommendation public and the european parliament may invite the member state concerned to explain its policies before its competent committee .


### a temporary departure from prudent fiscal policy - making should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery . ### a temporary departure from efficient and sustainable fiscal policy - making should be exceptionally allowed in case of a severe economic downturn or a severe rise in unemployment , including the period in which the economy is operating below its normal potential , in order to facilitate economic recovery .


### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases where a persistent and significant deviation from prudent fiscal policy making prevails . ### in the event of a significant deviation from the adjustment path towards the medium - term objective a warning shall be addressed by the commission to the member state concerned to be followed within one month by a council recommendation , setting a deadline to take the necessary corrective measures . the member state concerned should report to the council on the action taken . if the member state concerned fails to take appropriate action in the deadline set by the council , the council should adopt a recommendation stating so and report to the european council . the commission , in liaison with the ecb for euro area member states and for erm2 member states , may carry out a monitoring mission . the commission will report to the council on the outcome of the mission and will make its findings public within one month .


### a deviation from prudent fiscal policy making shall be considered significant if the following conditions occur : an excess over the expenditure growth consistent with prudent fiscal policy - making , not offset by discretionary revenue - increasing measures ; or discretionary revenue - decreasing measures not offset by reductions in expenditure ; and the deviation has a total impact on the government balance of at least 0 . 5 % of gdp in one single year or of at least 0 . 25 % of gdp on average per year in two consecutive years . ### the assessment of whether the deviation is significant shall notably include the following criteria : for a member state that has not reached the medium - term budgetary objective , when assessing the change in the structural balance , the deviation shall be considered significant if it is at least 0 . 5% of gdp in one single year or at least 0 . 25% of gdp on average per year in two consecutive years ; when assessing expenditure developments net of discretionary revenue measures , the deviation shall be considered significant if it has a total impact on the government balance of at least 0 . 5% of gdp in one single year or cumulatively in two consecutive years .


### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is consistent with prudent fiscal policy - making . ### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council and the commission shall verify that the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is consistent with prudent fiscal policy - making .


### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre , in particular taking into account the needs of public investment . ### adherence to the medium - term budgetary objective of budgetary positions should allow member states to have a safety margin with respect to the 3% of gdp reference value in order to ensure sustainable public finances or a rapid progress towards sustainability , while leaving room for budgetary manoeuvre , in particular taking into account the needs of public investment .


### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of convergence programmes , on the basis of information provided by member states with a derogation and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it , ensuing from deviations from prudent fiscal - policy making . ### as part of multilateral surveillance in accordance with article 121 tfeu , the council and the commission shall monitor the implementation of convergence programmes , on the basis of information provided by member states with a derogation and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it , ensuing from deviations from prudent fiscal - policy making .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle . ### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu , examine the medium - term budgetary objectives and the expected path of the general debt ratio as presented by the member states concerned in their stability programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle .


### the council , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states with a high level of debt or excessive macroeconomic imbalances or both , the council shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is higher than 0 . 5% of gdp . the council shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times . ### the council and the commission , when assessing the adjustment path toward the medium - term budgetary objective , shall examine if the member state concerned pursues an appropriate annual improvement of its cyclically - adjusted budget balance , net of one - off and other temporary measures , required to meet its medium - term budgetary objective , with 0 . 5% of gdp as a benchmark . for member states faced with a debt level exceeding 60% of gdp or with pronounced risks of overall debt sustainability , the council and the commission shall examine whether the annual improvement of the cyclically - adjusted budget balance , net of one - off and other temporary measures is significantly higher than 0 . 5% of gdp . the council and the commission shall take into account whether a higher adjustment effort is made in economic good times , whereas the effort may be more limited in economic bad times .


### in the event of a significant deviation from prudent fiscal - policy making referred in the fourth subparagraph of article 5 of this regulation , and in order to prevent the occurrence of an excessive deficit , the commission , in accordance with article 121 of the treaty may address a warning to the member state concerned . ### in the event of a significant deviation from prudent fiscal - policy making referred in the fourth subparagraph of article 5 of this regulation , and in order to prevent the occurrence of an excessive deficit , the commission , in accordance with article 121 tfeu may address a warning to the member state concerned . such a warning shall be made public and the european parliament may invite the member state concerned to explain its policies before its competent committee . in the event of such significant deviation , the commission may require additional reporting from the member state concerned . the council shall , within one month of any significant deviation as referred to in the first subparagraph , adopt a recommendation for policy measures setting a deadline of no more than five months , for addressing the deviation , on the basis of a commission recommendation , based on article 121 tfeu . in the event of a particularly significant deviation or in a particularly serious situation , the deadline shall be no more than three months . the council , on a proposal from the commission , shall make the recommendation public . the commission shall monitor the measures contained in the recommendation on the basis of surveillance visits in accordance with article 6a and prepare a report to the council . that report may be made public . if the member state concerned fails to take appropriate action within the deadline specified in a council recommendation under the second subparagraph , the council shall immediately adopt a final recommendation setting out the non - compliance of the member state on the basis of a further commission recommendation in accordance with article 121 tfeu . at the same time , the council , on a proposal from the commission , shall address a formal report to the european council . the process from the council recommendation referred to in the second subparagraph to the final council recommendation and report to the european council referred to in the fourth subparagraph shall be no longer than six months .


### the deviation may be equally not considered in case of severe economic downturn of a general nature . ### a deviation may be not considered significant in case of severe economic downturn for the euro area or the eu as a whole , on condition that this does not endanger fiscal sustainability in the medium - term .


### the council shall carry out the examination of the stability programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the commission shall examine the stability programme within three months of the submission of the programme . after consulting the economic and financial committee , the commission shall , if necessary , deliver an opinion on the programme . if the commission considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal policy - making , the commission shall , in its opinion , invite the member state concerned to adjust such programme . the council may reject such a commission opinion by qualified majority . the commission opinion shall be made public .


### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 of the treaty , examine the medium - term budgetary objectives presented by the member states concerned , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence . ### based on assessments by the commission and the economic and financial committee , the council shall , within the framework of multilateral surveillance under article 121 tfeu , examine the medium - term budgetary objectives and the expected path of the general debt ratio as presented by the member states concerned in their convergence programmes , assess whether the economic assumptions on which the programme is based are plausible , whether the adjustment path towards the medium - term budgetary objective is appropriate and whether the measures being taken and / or proposed to respect that adjustment path are sufficient to achieve the medium - term budgetary objective over the cycle and to achieve sustained convergence .


### in the event of a significant deviation from prudent fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures . ### in the event of a significant deviation from the adjustment path towards the medium - term objective a warning shall be addressed by the commission to the member state concerned to be followed within one month by a council recommendation , setting a deadline to take the necessary corrective measures . the member state concerned should report to the council on the action taken . if the member state concerned fails to take appropriate action in the deadline set by the council , the council should adopt a recommendation stating so and report to the european council . the commission , in liaison with the ecb for euro area member states and for erm2 member states , may carry out a monitoring mission . the commission will report to the council on the outcome of the mission and will make its findings public within one month .


### in order to ensure compliance with the fiscal surveillance framework of the union for participating member states , a specific enforcement mechanism should be established on the basis of article 136 of the treaty for cases where a persistent and significant deviation from prudent fiscal policy making prevails . ### in the implementation of the rules - based framework under the stability and growth pact , the commission and the council shall take due account of the complementary framework of the european financial stability facility or other permanent crisis mechanism set up under article 136 tfeu .


### indicative list of eee which falls within the categories listed in annex iii : temperature exchange equipment refrigerators , freezers , equipment which automatically deliver cold products , air conditioning equipment , dehumidifying equipment , heat pumps , radiators containing oil and other temperature exchange equipment using other fluids than water for the temperature exchange 2 . screens , monitors , and equipment containing screens having a surface greater than 100 cm2 screens , televisions , lcd photo frames , monitors , laptops , notebooks . 3 . lamps straight fluorescent lamps , compact fluorescent lamps , fluorescent lamps , high intensity discharge lamps - including pressure sodium lamps and metal halide lamps , low pressure sodium lamps , led lamps . 4 . large equipment washing machines , clothes dryers , dish washing machines , cookers , electric stoves , electric hot plates , luminaires , equipment reproducing sound or images , musical equipment , appliances for knitting and weaving , large computer - mainframes , large printing machines , copying equipment , large coin slot machines , large medical devices , large monitoring and control instruments , large appliances which automatically deliver products and money , photovoltaic panels . 5 . small equipment vacuum cleaners , carpet sweepers , appliances for sewing , luminaires , microwaves , ventilation equipment , irons , toasters , electric knives , electric kettles , clocks , electric shavers , scales , appliances for hair and body care , personal computers , printers , calculators , telephones , mobile phones , radio sets , video cameras , video recorders , hi - fi equipment , musical instruments , equipment reproducing sound or images , electrical and electronic toys , sports equipment , computers for biking , diving , running , rowing , etc . , smoke detector , heating regulators , thermostats , small electrical and electronic tools , small medical devices , small monitoring and control instruments , small appliances which automatically deliver products , small equipment with integrated photovoltaic panels . ### indicative list of eee which falls within the categories listed in annex iii : temperature exchange equipment – refrigerators – freezers – appliances for the automatic dispensing or sale of cold products – air - conditioning appliances – dehumidifiers – heat pumps – radiators containing oil – and other temperature exchange equipment using other fluids than water for the temperature exchange 2 . screens and monitors – screens – televisions – lcd photo frames – monitors 3 . lamps – straight fluorescent lamps – compact fluorescent lamps – fluorescent lamps – high intensity discharge lamps , including pressure sodium lamps and metal halide lamps – low pressure sodium lamps – led lamps 4 . large appliances – large appliances used for cooking and other processing of foods – extractor hoods – large machines for cleaning – large heating appliances – large body - care appliances – large it and telecommunications appliances – large sports and leisure appliances – sound or picture reproduction equipment – musical equipment – large luminaires and other appliances for spreading or controlling light – large electrical and electronic industrial tools and machinery except large - scale stationary industrial tools and non - road mobile machinery and appliances intended exclusively for professional users – large appliances for generating or transferring current , inverters ) – large medical devices – large monitoring and control instruments – large measuring instruments and installations – large appliances for automated product sales or dispensing and for the automated provision of simple services – photovoltaic panels 5 . small appliances – small appliances used for cooking and other processing of foods – small cleaning appliances – fans , air fresheners , ventilation equipment – small heating appliances – clocks , watches , alarm clocks and other time - measuring instruments – small body - care appliances – cameras – consumer electronics appliances – musical instruments and sound equipment – small luminaires and other appliances for spreading or controlling light – toys – small items of sports equipment – small leisure appliances – small electrical and electronic tools including gardening equipment – sewing machines – small appliances for generating or transferring current , converters ) – small medical devices including veterinary devices – small monitoring and control instruments – small measuring appliances – small appliances for automated product sales or dispensing – small equipment with integrated photovoltaic panels 6 . small it and telecommunications equipment – laptops – notebooks – small it and telecommunications appliances


### vacuum cleaners , carpet sweepers , appliances for sewing , luminaires , microwaves , ventilation equipment , irons , toasters , electric knives , electric kettles , clocks , electric shavers , scales , appliances for hair and body care , personal computers , printers , calculators , telephones , mobile phones , radio sets , video cameras , video recorders , hi - fi equipment , musical instruments , equipment reproducing sound or images , electrical and electronic toys , sports equipment , computers for biking , diving , running , rowing , etc . , smoke detector , heating regulators , thermostats , small electrical and electronic tools , small medical devices , small monitoring and control instruments , small appliances which automatically deliver products , small equipment with integrated photovoltaic panels . ### – small appliances used for cooking and other processing of foods – small cleaning appliances – fans , air fresheners , ventilation equipment – small heating appliances – clocks , watches , alarm clocks and other time - measuring instruments – small body - care appliances – cameras – consumer electronics appliances – musical instruments and sound equipment – toys – small items of sports equipment – small leisure appliances – small electrical and electronic tools including gardening equipment – sewing machines – small appliances for generating or transferring current , converters ) – small medical devices including veterinary devices – small monitoring and control instruments – small measuring appliances – small appliances for automated product sales or dispensing – small equipment with integrated photovoltaic panels


### information for users member states may require producers to show purchasers , at the time of sale of new products , the costs of collection , treatment and disposal in an environmentally sound way . the costs mentioned shall not exceed the best estimate of the actual costs incurred . ### collection schemes and information for users in order to raise users ' awareness , member states shall ensure that all distributors of very small volume eee put in place appropriate collection schemes for very small volume weee . such collection schemes shall : enable end - users to discard very small volume weee at an accessible and visible collection point in the retailer ' s shop ; require retailers to take back very small volume weee at no charge ; not involve any charge to end - users when discarding very small volume weee , nor any obligation to buy a new product of the same type . distributors supplying eee directly to private households or users other than private households solely by means of distance communication shall only be subject to the obligations under subparagraph 1 and . the collection scheme put in place by these distributors shall enable end - users to return very small volume weee without those users having to incur any charges , including delivery or postal charges . no later than . . . * , the commission shall adopt delegated acts , in accordance with article 20 , with respect to a definition of ' very small volume weee ' , taking into account the risk of such waste not being separately collected due to its very small size . the obligations in this paragraph shall not apply to micro enterprises operating on a very small surface area . no later than . . . * , the commission shall adopt delegated acts , in accordance with article 20 , with respect to a definition of ' micro enterprises operating on a very small surface area ' . ___________ * date 12 months after the entry into force of this directive .


### large equipment washing machines , clothes dryers , dish washing machines , cookers , electric stoves , electric hot plates , luminaires , equipment reproducing sound or images , musical equipment , appliances for knitting and weaving , large computer - mainframes , large printing machines , copying equipment , large coin slot machines , large medical devices , large monitoring and control instruments , large appliances which automatically deliver products and money , photovoltaic panels . ### large appliances – large appliances used for cooking and other processing of foods – extractor hoods – large machines for cleaning – large heating appliances – large body - care appliances – large it and telecommunications appliances – large sports and leisure appliances – equipment reproducing sound or images – musical equipment – large electrical and electronic industrial tools and machinery except large - scale stationary industrial tools and non - road mobile machinery and appliances intended exclusively for professional users – large appliances for generating or transferring current , inverters ) – large medical devices – large monitoring and control instruments – large measuring instruments and installations – large appliances for automated product sales or dispensing and for the automated provision of simple services


### users of eee from private households should have the possibility of returning weee at least free of charge . producers should finance at least the collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage producers to take full responsibility for the weee collection in particular by financing the collection of weee throughout the entire waste chain , including from private households , in order to avoid separately collected weee becoming the object of suboptimal treatment and illegal exports , to create a level playing field by harmonising producer financing across the union and to shift payment for the collection of this waste from general tax payers to the consumers of eee , in line with the polluter - pays principle . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers , existing on the market when the costs occur , contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants . ### users of eee from private households should have the possibility of returning weee at least free of charge . producers should therefore finance collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage all stakeholders handling weee to help achieve the objective of this directive in order to avoid separately collected weee becoming the object of sub - optimal treatment and illegal exports . in order that payment for the collection of this waste be shifted from general tax payers to the consumers of eee in line with the ' polluter pays ' principle , member states should encourage producers to treat all weee collected . in order to make proper treatment possible , consumers should have a responsibility to ensure that end - of - life eee is taken to collection facilities . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers , existing on the market when the costs occur , contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants . in the case of products which have a long life cycle and which are now covered by the directive for the first time , such as photovoltaic modules , the best possible use should be made of existing collection and recovery systems , provided that they meet the requirements laid down in this directive . in particular , no obstacles should be placed in the way of the operation of systems established throughout europe , given their consistency with the aims of the internal market .


### the achievement of the targets shall be calculated , for each category , by dividing the weight of the weee that enters the recovery or recycling / preparing for re - use facility , after proper treatment in accordance with article 8 with regard to recovery or recycling , by the weight of all separately collected weee for each category , expressed as a percentage . preliminary activities including sorting and storage prior to recovery shall not count towards the achievement of these targets . ### the achievement of the targets shall be calculated as the percentage by weight of separately collected weee that is sent to recovery facilities and effectively recovered , reused or recycled . preliminary activities including sorting , storage and pre - processing prior to recovery shall not count towards the achievement of these targets .


### categories of eee covered by this directive temperature exchange equipment 2 . screens , monitors , and equipment containing screens having a surface greater than 100 cm2 3 . lamps 4 . large equipment including household appliances ; it and telecommunication equipment ; consumer equipment ; luminaires ; equipment reproducing sound or images , musical equipment ; electrical and electronic tool ; toys , leisure and sports equipment ; medical devices ; monitoring and control instruments ; automatic dispensers ; equipment for the generation of electric currents . this category does not include equipment included in categories 1 to 3 . 5 . small equipment including household appliances ; it and telecommunication equipment ; consumer equipment ; luminaires ; equipment reproducing sound or images , musical equipment ; electrical and electronic tool ; toys , leisure and sports equipment ; medical devices ; monitoring and control instruments ; automatic dispensers ; equipment for the generation of electric currents . this category does not include equipment included in categories 1 to 3 . ### categories of equipment for the purposes of determining recovery targets laid down in article 11 temperature exchange equipment 2 . screens and monitors 3 . lamps 4 . large appliances other than cooling appliances and radiators , screens and monitors and lamps . large appliances are all those appliances which are not in principle movable or which are intended in principle to remain in their place of use for the duration of their service life . 5 . small appliances other than cooling appliances and radiators , screens and monitors and lamps and it and telecommunication equipment . small appliances are all those appliances which are in principle movable and which are not intended in principle to remain in their place of use for the duration of their service life . 6 . small it and telecommunications equipment .


### on the basis of a report of the commission accompanied , if appropriate , by a legislative proposal , the european parliament and the council shall , by …* , re - examine the collection rate of 45 % and the related deadline referred to in paragraph 1 with a view inter alia to possibly setting individual collection rates for one or more categories set out in annex iii , particularly for temperature exchange equipment and for lamps containing mercury . _______ *note to oj : please insert the date - 3 years from the date of entry into force of this directive . ### on the basis of a report of the commission accompanied , if appropriate , by a legislative proposal , the european parliament and the council shall , by 31 december 2012 , re - examine the collection rate and the deadlines referred to in paragraph 1 with a view inter alia to setting individual collection rates for one or more categories set out in annex iii , particularly for temperature exchange equipment , lamps , including light bulbs , and small appliances , including small it and telecommunications devices .


### small equipment vacuum cleaners , carpet sweepers , appliances for sewing , luminaires , microwaves , ventilation equipment , irons , toasters , electric knives , electric kettles , clocks , electric shavers , scales , appliances for hair and body care , personal computers , printers , calculators , telephones , mobile phones , radio sets , video cameras , video recorders , hi - fi equipment , musical instruments , equipment reproducing sound or images , electrical and electronic toys , sports equipment , computers for biking , diving , running , rowing , etc . , smoke detector , heating regulators , thermostats , small electrical and electronic tools , small medical devices , small monitoring and control instruments , small appliances which automatically deliver products , small equipment with integrated photovoltaic panels . ### small appliances – small appliances used for cooking and other processing of foods – small cleaning appliances – fans , air fresheners , ventilation equipment – small heating appliances – clocks , watches , alarm clocks and other time - measuring instruments – small body - care appliances – cameras – consumer electronics appliances – musical instruments and sound equipment – toys – small items of sports equipment – small leisure appliances – small electrical and electronic tools including gardening equipment – sewing machines – small appliances for generating or transferring current , converters ) – small medical devices including veterinary devices – small monitoring and control instruments – small measuring appliances – small appliances for automated product sales or dispensing – small equipment with integrated photovoltaic panels


### in order to establish whether the minimum collection rate has been achieved , member states shall ensure that information concerning the weee that is separately collected in accordance with article 5 is notified to them . ### in order to establish whether the minimum collection rate has been achieved , member states shall ensure that relevant actors communicate , at no cost to the member states , in accordance with article 16 and on an annual basis , information on weee that has been : – prepared for re - use or sent to treatment facilities by any actor ; – taken to collection facilities in accordance with article 5 ; – taken to distributors in accordance with article 5 ; – separately collected by producers or third parties acting on their behalf , or – separately collected by other means .


### regarding all weee separately collected in accordance with article 5 and sent for treatment in accordance with articles 8 , 9 and 10 , member states shall ensure that producers meet the minimum&#160 ; targets set out in annex v . ### regarding all weee separately collected and sent for treatment in accordance with articles 8 , 9 and 10 , member states shall ensure that producers meet the following minimum targets as from &#8230 ; * : for weee falling under categories 1 and 4 of annex iii , – 85% shall be recovered , – 75% shall be recycled and – 5% shall be prepared for reuse ; for weee falling under category 2 of annex iii , – 80% shall be recovered , – 65% shall be recycled and – 5% shall be prepared for reuse ; for weee falling under category 3 of annex iii , –75% shall be recovered and –50% shall be recycled ; for weee falling under category 5 of annex iii , –75% shall be recovered , –50% shall be recycled and –5% shall be prepared for reuse ; for weee falling under category 6 of annex iii , – 85% shall be recovered , – 75% shall be recycled and – 5% shall be prepared for reuse ; for gas discharge lamps , 80% shall be recycled . _______ * the date of entry into force of this directive .


### refrigerators , freezers , equipment which automatically deliver cold products , air conditioning equipment , dehumidifying equipment , heat pumps , radiators containing oil and other temperature exchange equipment using other fluids than water for the temperature exchange . ### – refrigerators – freezers – appliances for the automatic dispensing or sale of cold products – air - conditioning appliances – dehumidifiers – heat pumps – radiators containing oil – and other temperature exchange equipment using other fluids than water for the temperature exchange


### lamps ### lamps and luminaires


### member states shall ensure that each producer provides a guarantee when placing a product on the market showing that the management of all weee will be financed and shall ensure that producers clearly mark their products in accordance with article 15 . this guarantee shall ensure that the operations referred to in paragraph 1 relating to this product will be financed . the guarantee may take the form of participation by the producer in appropriate schemes for the financing of the management of weee , a recycling insurance or a blocked bank account . ### member states shall ensure that each producer provides a guarantee when placing a product on the market showing that the management of all weee will be financed and shall ensure that producers clearly mark their products in accordance with article 15 . this guarantee shall ensure that the operations referred to in paragraph 1 relating to the product will be financed . the guarantee may take the form of participation by the producer in appropriate schemes for the financing of the management of weee , a recycling insurance or a blocked bank account . the financial guarantee in respect of the end of life of products shall be calculated to ensure the internalisation of the real end - of - life costs of a producer ' s product , taking into account treatment and recycling standards referred to in article 8 .


### ' non - road mobile machinery ' means machinery , with on - board power source , the operation of which requires either mobility or continuous or semi - continuous movement between a succession of fixed working locations while working ; ### ' non - road mobile machinery ' means machinery the operation of which requires either mobility while working or continuous or semi - continuous movement between a succession of fixed working locations , or machinery which is operated without being moved , but which may be equipped in such a way as to enable it to be moved more easily from one place to another ;


### it shall apply from 1 january 2014 . ### it shall apply from 1 january 2014 to 31 december 2020 .


### preserving peace , preventing conflicts , strengthening international security and assisting populations , countries and regions confronting natural or man - made disasters are among the prime objectives of the union’s external action as defined in article 21 of the treaty on european union . crises and conflicts affecting countries world - wide and other factors such as terrorism , organised crime , climate change , cyber security challenges and threats and natural disasters pose a risk to world stability and security . in order to address these issues in an effective and timely manner , specific financial resources and financing instruments are required that can work in a manner complementary to humanitarian aid and long - term cooperation instruments . ### preserving peace , preventing conflicts , strengthening international security , assisting populations , countries and regions confronting natural or man - made disasters , and fostering the sustainable economic , social and environmental development of developing countries , with the primary aim of eradicating poverty are among the principles and the prime objectives of the union’s external action as defined in article 21 of the treaty on european union . crises and conflicts affecting countries world - wide and other factors such as terrorism , organised crime , climate change , cyber security challenges and threats and natural disasters pose a risk to world stability and security . in order to address these issues in an effective and timely manner , specific financial resources and financing instruments are required that can work in a manner complementary to humanitarian aid and long - term cooperation instruments .


### to address specific global and trans - regional threats having a destabilising effect , including climate change . ### to address specific global and trans - regional threats having a potentially destabilising effect , including climate change , inter alia by building the capacity of local actors .


### regulation no 1717 / 2006 was adopted with the objective of enabling the union to provide a consistent and integrated response to situations of crisis and emerging crisis , to address specific trans - regional security threats and to enhance crisis preparedness . this regulation aims at introducing a revised instrument , building on the experience of the previous one , in order to increase the efficiency and coherence of the union ' s actions in the areas of conflict prevention and crisis response , crisis preparedness and peace - building and in addressing security threats , including climate security . ### the aim of this regulation is to build on past experience and to increase the efficiency and coherence of the union ' s actions in the areas of conflict prevention and crisis response , crisis preparedness and peace - building and in addressing security threats , including climate security .


### regulation no 1717 / 2006 was adopted with the objective of enabling the union to provide a consistent and integrated response to situations of crisis and emerging crisis , to address specific trans - regional security threats and to enhance crisis preparedness . this regulation aims at introducing a revised instrument , building on the experience of the previous one , in order to increase the efficiency and coherence of the union’s actions in the areas of conflict prevention and crisis response , crisis preparedness and peace - building and in addressing security threats , including climate security . ### oral amendment regulation no 1717 / 2006 was adopted with the objective of enabling the union to provide a consistent and integrated response to situations of crisis and emerging crisis , to address specific trans - regional security threats and to enhance crisis preparedness . this regulation aims at introducing a revised instrument , building on the experience of the previous one , in order to increase the efficiency and coherence of the union’s actions in the areas of conflict prevention and crisis response , crisis preparedness and peace - building and in addressing security threats , including climate security through actions and measures enhancing population resilience to natural disasters .


### in the period 2014 to 2020 at least 65 percentage points of the financial envelope shall be allocated to measures falling under article 3 . ### in the period 2014 to 2020 at least 65 percentage points of the financial envelope shall be allocated to measures falling under article 3 , and at least 20 percentage points to measures falling under article 4 .


### the commission shall keep the european parliament regularly informed about its planning of union assistance under article 3 . ### the commission shall keep the european parliament regularly informed about its planning of union assistance under articles 3 , 4 and 5 .