### by way of derogation from paragraphs 1 and 2 , member states which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [ op : please insert the date of entry into force of this directive ] may continue to apply such public interventions until [ op : insert the date – five years from the entry into force of this directive ] . such public interventions shall pursue a general economic interest , be clearly defined , transparent , non - discriminatory , verifiable and guarantee equal access for union electricity companies to customers . the interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue , be limited in time and proportionate as regards their beneficiaries . ### by way of derogation from paragraphs 1 and 2 , member states which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers may continue to apply such public interventions , provided that they pursue a general economic interest , be clearly defined , transparent , non - discriminatory , verifiable and guarantee equal access for union electricity companies to customers the interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue , be limited in time and proportionate as regards their beneficiaries .


### all electricity producers and electricity supply undertakings established within their territory to supply their own premises , subsidiaries and customers through a direct line ; ### all electricity producers and electricity supply undertakings established within their territory to supply their own premises , subsidiaries and customers through a direct line without being subject to disproportionate administrative procedures or costs related for instance to the need for a supply license ;


### all customers within their territory to be supplied through a direct line by a producer and supply undertakings . ### all customers within their territory individually or jointly , to be supplied through a direct line by a producer and supply undertakings .


### member states shall lay down the criteria for the grant of authorisations for the construction of direct lines in their territory . those criteria shall be objective and non - discriminatory . ### member states shall lay down the criteria for the grant of authorisations for the construction of direct lines in their territory . those criteria shall be objective and non - discriminatory and promote the procurement of energy from variable renewable sources by corporate customers , in accordance with art . 15 . 9 of [ recast renewable energy directive ] .


### the possibility of supplying electricity through a direct line as referred to in paragraph 1 shall not affect the possibility of contracting electricity in accordance with article 6 . ### the possibility of supplying electricity through a direct line as referred to in paragraph 1 shall not affect the possibility of contracting electricity in accordance with article 6 and shall not affect the right of the customer to sign a second supply contract for the residual electricity demand .


### conditions shall be fair and well - known in advance . in any case , this information should be provided prior to the conclusion or confirmation of the contract . where contracts are concluded through intermediaries , the information relating to the matters set out in this point shall also be provided prior to the conclusion of the contract ; ### conditions shall be fair and well - known in advance . in any case , this information should be provided prior to the conclusion or confirmation of the contract . it shall also be easily available to the customer after the confirmation of the contract . where contracts are concluded through intermediaries , the information relating to the matters set out in this point shall also be provided prior to the conclusion of the contract ;


### are entitled to generate , store , consume and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective ; ### are entitled , from variable renewable energy sources , &#160 ; to generate , store , consume and sell with priority access self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges and with an entitlement to be paid full market price for self - generated electricity ;


### are subject to cost reflective , transparent and non - discriminatory network charges , accounting separately for the electricity fed into the grid and the electricity consumed from the grid , in line with article 59 . ### are subject to cost reflective , transparent and non - discriminatory network charges , accounting separately for the electricity fed into the grid and the electricity consumed from the grid , in line with article 59 . for exchange of small scale power locally , these charges should be optional or at least proportionate to the distance of electricity transfer through the development of a tariff structure that reflects both km and kwh transferred ;


### the energy installation required for the activities of the active customer may be managed by a third party for installation , operation , including metering and maintenance . ### the energy installation required for the activities of the active customer may be managed or owned by a third party for installation , operation , including metering and maintenance or leasing .


### where relevant , a local energy community may conclude an agreement with a distribution system operator to which their network is connected on the operation of the local energy community ' s network ; ### where relevant , a local energy community may conclude an agreement with a distribution system operator to which their network is connected on the operation of the local energy community ' s network and on the storage of electricity ;


### where relevant local energy communities are subject to appropriate network charges at the connection points between the community network and the distribution network outside the energy community . such network charges shall account separately for the electricity fed into distribution network and the electricity consumed from the distribution network outside the local energy community in line with article 59 . ### where relevant local energy communities may be subject to appropriate network charges at the connection points between the community network and the distribution network outside the energy community . such network charges shall account separately for the electricity fed into the distribution network and the electricity consumed from the distribution network outside the local energy community in line with article 59 . such charges for electricity distribution should take account of the distance of transfer and ensure transfer costs do not exceed value of electricity transferred .


### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity , inter alia by providing energy management services , developing innovative pricing formulas , or introducing interoperable smart metering systems or smart grids , where appropriate . ### in order to promote energy efficiency and empower customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that electricity undertakings and aggregators optimise the use of electricity , inter alia by providing energy management services , developing innovative pricing formulas , or introducing interoperable smart metering systems where technically feasible , cost effective and proportionate in relation to the potential energy savings , or smart grids where appropriate .


### member states shall ensure the implementation of smart metering systems in their territories that shall assist the active participation of customers in the electricity market . such implementation may be subject to a cost - benefit assessment which shall be undertaken according to the principles laid down in annex iii . ### when appropriate member states shall promote the implementation of smart metering systems in their territories as such metering can assist the active participation of customers in the electricity market . any implementation shall be be subject to a cost - benefit assessment which shall be undertaken according to the principles laid down in annex iii .


### member states that proceed with deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in article 20 and annex iii . member states shall ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms . to this respect , member states shall have due regard to the use of relevant available standards including those enabling interoperability , best practices and the importance of the development of the internal market in electricity . ### member states that proceed with deployment should adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in article 20 and annex iii . member states should ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms . to this respect , member states shall have due regard to the use of relevant available standards including those enabling interoperability , best practices and the importance of the development of the internal market in electricity .


### meter operators shall ensure that the meter or meters of active customers who self - generate electricity can account for electricity put into the grid from the active customers ' premises ; ### meter operators shall ensure that the meter or meters of active customers who self - generate electricity can accurately account for electricity put into the grid from the active customers ' premises ;


### distribution system operators shall define standardised market products for the services procured ensuring effective participation of all market participants including renewable energy sources , demand response , and aggregators . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . distribution system operators shall be adequately remunerated for the procurement of such services in order to recover at least the corresponding expenses , including the necessary information and communication technologies expenses , including expenses which correspond to the necessary information and communication infrastructure . ### distribution system operators shall define standardised market products for the services procured ensuring effective participation of all market participants providing priority access for variable renewable energy sources and including demand response , and aggregators . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . distribution system operators shall be adequately remunerated for the procurement of such services in order to recover at least the corresponding expenses , including the necessary information and communication technologies expenses , including expenses which correspond to the necessary information and communication infrastructure .


### by way of derogation from paragraph 1 , member states may allow distribution system operators to own , develop , manage or operate storage facilities only if the following conditions are fulfilled : ### distribution system operators are allowed to own , develop , manage or operate storage facilities if the following conditions are fulfilled :


### other parties , following an open and transparent tendering procedure , have not expressed their interest to own , develop , manage or operate storage facilities ; ### following an open and transparent tendering procedure , dso has been identified as a cost - efficient actor to own , develop , manage or operate the storage facility ;


### ensures effective participation of all market participants including renewable energy sources , demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or transmission system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants . ### ensures effective participation of all market participants giving priority to variable renewable energy sources , and including demand response , energy storage facilities and aggregators , in particular by requiring regulatory authorities or transmission system operators in close cooperation with all market participants , to define technical modalities for participation in these markets on the basis of the technical requirements of these markets and the capabilities of all market participants .


### monitoring the occurrence of restrictive contractual practices , including exclusivity clauses which may prevent large non - household customers from contracting simultaneously with more than one supplier or restrict their choice to do so , and , where appropriate , informing the national competition authorities of such practices ; ### monitoring the occurrence of restrictive contractual practices , including exclusivity clauses which may prevent customers from contracting simultaneously with more than one supplier or restrict their choice to do so , and , where appropriate , informing the national competition authorities of such practices ;


### having regard to the treaty on the functioning of the european union , and in particular articles 172 , 173 , and article 175 and article 182 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 172 , 173 , 174 and article 175 and article 182 thereof ,


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments and knowledge valorisation within the union . investment has fallen by approximately 15% since its peak in 2007 , impacting all european regions and especially the less developed ones . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . it therefore prevents a speedier realization of the objectives of the union strategy for smart , sustainable and inclusive growth .


### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential . ### comprehensive action is required to reverse the vicious circle created by a lack of investment and still increasing disparities between regions . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential .


### the investment environment within the union should be improved by removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work . ### the investment environment within the union should be improved and stabilized by removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work .


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


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


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . special attention should be paid to the variety of experiences and practices between regions concerning the use of market instruments .


### at the level of projects , third parties may co - finance together with efsi on a project - by - project basis or in investment platforms related to specific geographic or thematic sectors . ### member states may use european structural and investment funds to contribute to the financing of eligible projects that are supported by the eu guarantee , in line with the objectives , principles and rules under the legal framework applicable to these funds , and in particular the regulation no 1303 / 2013 of the european parliament and of the council of 17 december 2013 laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund and laying down general provisions on the european regional development fund , the european social fund , the cohesion fund and the european maritime and fisheries fund1a , and with the partnership agreements and relevant programmes . the flexibility of this approach should maximise the synergies between the union instruments and the potential to attract investors to the areas of investment targeted by the efsi . the european structural and investment funds and the efsi should be complementary , and the crowding - out effect between them should be avoided to the greatest extent . ____________________ 1a oj l 347 , 20 . 12 . 2013 , p . 320 .


### member states have also begun work at national level on establishing and promoting project pipelines for projects of national significance . the information prepared by the commission and the eib should provide links to the accompanying national project pipelines . ### member states have also begun work at national level on establishing and promoting project pipelines for projects of national significance . the information prepared by the commission and the eib should provide links to the accompanying national project pipelines . regional and local authorities including regional innovation platforms , regional development agencies and management authorities of the european structural and investment funds are a crucial source of information on current and future investments opportunities .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support competitive and efficient investments in the union that will create a big added value and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib .


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services where possible in a decentralised manner in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation .


### to meet that objective , the eiah shall use the expertise of the eib , the commission , national promotional banks and the managing authorities of the european structural and investment funds . ### to meet that objective , the eiah shall use the expertise of the eib , the commission , national promotional banks and local and regional authorities , including regional innovation platforms , the managing authorities of the european structural and investment funds and regional development agencies .


### to meet that objective , the eiah shall use the expertise of the eib , the commission , national promotional banks and the managing authorities of the european structural and investment funds . ### to meet that objective , the eiah shall use the expertise of the eib , the commission , technical assistance experts , national promotional banks and the managing authorities of the european structural and investment funds .


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon and complement existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing in the framework of the efsi . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate and without prejudice to the competence of the commission to oversee the application of union law , on relevant issues of eu legislation .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . when establishing the investment policy and the risk profile for the efsi support , the steering board shall take into account the need to avoid excessive geographical concentration . the steering board shall elect one of its members to be chairperson .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of twelve independent experts and the managing director selected via an open and transparent selection procedure . independent experts shall have a high level of relevant market experience in project finance , extensive knowledge of the sectors and geographical markets of the union and be appointed by the steering board for a renewable fixed term of three years .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , as well as over an internet access service as defined in regulation 2015 / 2010 of the european parliament and the council , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation if they are not linked to any particular infrastructure and their ability to ensure a controlled user group environment is significantly limited when compared for example to cable or closed circuit ip - based networks .


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite or by direct injection but excluding online transmission , of television or radio programmes ultimately intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 .


### it is appropriate to replace directive 2010 / 30 / eu by a regulation which maintains the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by member states and ensures thus a higher degree of harmonisation across the union . a harmonised regulatory framework at union rather than at member state level brings down costs for manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the single market . ### it is appropriate to replace directive 2010 / 30 / eu by a regulation which mainly maintains the same scope , but modifies and enhances some of its provisions in order to clarify and update their content . a harmonised regulatory framework at union rather than member state level reduces the costs of manufacturers and ensures a level playing field . harmonisation across the union ensures the free movement of goods across the internal market . as the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other union law and policy , it is appropriate to continue to exclude them from the scope of this regulation . that exclusion includes means of transport in which the motor stays in the same location while it is operated , for example elevators , escalators and conveyor belts .


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy efficiency of energy - related products . it should be supplemented with a product information sheet , which may be made available electronically . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products .


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant , verifiable and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use in order to achieve a certain performance . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy efficiency and energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise based on proper measurement and calculation methodology . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes .


### the commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy - related products for which an energy label could be established . the working plan should be implemented starting with a technical , environmental and economic analysis of the product groups concerned . this analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy - related product , such as its absolute energy consumption , durability or environmental performance , in coherence with the objective to promote a circular economy . such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers . ### the commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy - related products for which an energy label could be established . the working plan should be implemented starting with a technical , environmental and economic analysis of the product groups concerned . this analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy - related product , such as its energy consumption , durability or environmental performance , in coherence with the objective to promote a circular economy . such supplementary information should improve the intelligibility and effectiveness of the label for consumers and should not lead to any negative impact to consumers .


### the commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy - related products for which an energy label could be established . the working plan should be implemented starting with a technical , environmental and economic analysis of the product groups concerned . this analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy - related product , such as its absolute energy consumption , durability or environmental performance , in coherence with the objective to promote a circular economy . such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers . ### based on the scope of this regulation , the commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy - related products for which an energy label could be established . the working plan , upon which the council and the european parliament should be continuously formally informed by the commission , should be implemented starting with a technical , environmental and economic analysis of the product groups concerned . such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers .


### this regulation shall not apply to : ### this regulation shall apply to energy related products to be placed on the union market or put into service in the union . it shall not apply to :


### ‘ label’ means a graphic diagram including a classification using letters from a to g in seven different colours from dark green to red in order to show consumption of energy ; ### ‘ label’ means a graphic diagram , in printed or electronic form , including a classification to show the consumption of energy of a product , in order to allow products comparison ;


### ‘ label’ means a graphic diagram including a classification using letters from a to g in seven different colours from dark green to red in order to show consumption of energy ; ### ‘ label’ means a graphic diagram , in printed or electronic form , including a classification using letters from a to g in seven different colours from dark green to red in order to show energy efficiency and consumption of energy ;


### ‘ product information sheet’ means a standard table of information relating to a product ; ### ‘ product information sheet’ means a standard table , in printed or electronic form , of information relating to a product ;


### they shall ensure the accuracy of the labels and product information sheets that they provide and produce technical documentation sufficient to enable the accuracy to be assessed ; ### they shall ensure the accuracy of the labels they provide and product information sheets that they make available and produce technical documentation sufficient to enable the accuracy to be assessed by market surveillance authorities ;


### they shall ensure the accuracy of the labels and product information sheets that they provide and produce technical documentation sufficient to enable the accuracy to be assessed ; ### they shall ensure the accuracy of the labels and product information sheets or digital product information that they provide and produce technical documentation sufficient to enable the accuracy to be assessed ;


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### the market surveillance authorities shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take .


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### where the market surveillance authorities consider that there has been non - compliance , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take and upload the information in the product database .


### the commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for specific groups of energy - related products in accordance with article 13 . ### the commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for groups of energy - related products in accordance with article 13 .


### according to the most recently available figures and considering the quantities placed on the union market , the product group shall have significant potential for saving energy and where relevant , other resources ; ### according to the most recently available figures and considering the quantities placed on the union market , the product group shall have significant potential for saving energy used by consumers using products belonging to the product group in the european union ;


### the definition of the specific product groups falling under the definition of ' energy - related product ' set out in article 2 which are to be covered ; ### which energy - related products , belonging to a product group set out in article 2 are to be covered ;


### no later than eight years after the entry into force , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business . ### by… [ eight years after the date of entry into force of this regulation ] , the commission shall assess the application of this regulation and shall submit a report to the european parliament and to the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business and how this regulation has contributed to the achievement of greenhouse gas emission reduction targets .


### network and information systems and telecommunications networks and services play a vital role for society and have become the backbone of economic growth . information and communications technology underpins the complex systems which support societal activities , keep our economies running in key sectors such as health , energy , finance and transport , and in particular support the functioning of the internal market . ### network and information systems and telecommunications networks and services play a vital role for society and have become the backbone of economic growth . information and communications technology &#160 ; underpins the complex systems which support everyday societal activities , keep our economies running in key sectors such as health , energy , finance and transport , and in particular support the functioning of the internal market .


### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . ### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining the trust in digital solutions that is essential for establishment of the digital single market .


### increased digitisation and connectivity lead to increased cybersecurity risks , thus making society at large more vulnerable to cyber threats and exacerbating dangers faced by individuals , including vulnerable persons such as children . in order to mitigate this risk to society , all necessary actions need to be taken to improve cybersecurity in the eu to better protect network and information systems , telecommunication networks , digital products , services and devices used by citizens , governments and business – from smes to operators of critical infrastructures – from cyber threats . ### increased digitisation and connectivity lead to considerably increased cybersecurity risks , thus making society at large more vulnerable to cyber threats and exacerbating dangers faced by individuals , including vulnerable persons such as children . in order to mitigate this risk to society , all necessary actions need to be taken to improve cybersecurity in the eu to better protect network and information systems , telecommunication networks , digital products , services and devices used by citizens , governments and business – from smes to operators of critical infrastructures – from cyber threats .


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by standardised eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors .


### given the increasing cybersecurity challenges the union is facing , the financial and human resources allocated to the agency should be increased to reflect its enhanced role and tasks , and its critical position in the ecosystem of organisations defending the european digital ecosystem . ### given the increasing cybersecurity threats and challenges the union is facing , the financial and human resources allocated to the agency should be increased to reflect its enhanced role and tasks , and its critical position in the ecosystem of organisations defending the european digital ecosystem .


### in order to guarantee the full autonomy and independence of the agency and to enable it to perform additional and new tasks , including unforeseen emergency tasks , the agency should be granted a sufficient and autonomous budget whose revenue comes primarily from a contribution from the union and contributions from third countries participating in the agency’s work . the majority of the agency staff should be directly engaged in the operational implementation of the agency’s mandate . the host member state , or any other member state , should be allowed to make voluntary contributions to the revenue of the agency . the union’s budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the union are concerned . moreover , the court of auditors should audit the agency’s accounts to ensure transparency and accountability . ### in order to guarantee the full autonomy and independence of the agency and to enable it to perform additional and new tasks , including unforeseen emergency tasks , the agency should be granted a sufficient and autonomous budget whose revenue comes primarily from a contribution from the union and contributions from third countries participating in the agency’s work . the majority of the agency staff should be directly engaged in the operational implementation of the agency’s mandate . the host member state , or any other member state , should be allowed to make voluntary contributions to the revenue of the agency . the union’s budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the union are concerned . moreover , the court of auditors should audit the agency’s accounts to ensure transparency , accountability , efficiency and the effectiveness of the expenditure .


### conformity assessment is the process demonstrating whether specified requirements relating to a product , process , service , system , person or body have been fulfilled . for the purposes of this regulation , certification should be considered as a type of conformity assessment regarding the cybersecurity features of a product , process , service , system , or a combination of those by an independent third party , other than the product manufacturer or service provider . certification cannot guarantee per se that certified ict products and services are cyber secure . it is rather a procedure and technical methodology to attest that ict products and services have been tested and that they comply with certain cybersecurity requirements laid down elsewhere , for example as specified in technical standards . ### conformity assessment is the process demonstrating whether specified requirements relating to a product , process , service , system , person or body have been fulfilled . for the purposes of this regulation , certification should be considered as a type of conformity assessment regarding the cybersecurity features of a product , process , service , system , or a combination of those by an independent third party or through a strict procedure of self - declaration of conformity as outlined in article 2 , article 46 , article 50 and article 51 of this regulation . certification cannot guarantee per se that certified ict products and services are cyber secure . it is rather a procedure and technical methodology to attest that ict hardware and software products and services have been tested and that they comply with certain cybersecurity requirements laid down elsewhere , for example as specified in technical standards .


### cybersecurity certification plays an important role in increasing trust and security in ict products and services . the digital single market , and particularly the data economy and the internet of things , can only thrive if there is general public trust that such products and services provide a certain level of cybersecurity assurance . connected and automated cars , electronic medical devices , industrial automation control systems or smart grids are only some examples of sectors in which certification is already widely used or is likely to be used in the near future . the sectors regulated by the nis directive are also sectors in which cybersecurity certification is critical . ### european cybersecurity certification plays an essential role in increasing trust and security in ict products and services . the digital single market , and particularly the data economy and the internet of things , can only thrive if there is general public trust that such products and services provide a high level of cybersecurity assurance . connected and automated cars , electronic medical devices , industrial automation control systems or smart grids are only some examples of sectors in which certification is already widely used or is likely to be used in the near future . the sectors regulated by the nis directive are also sectors in which cybersecurity certification is critical .


### currently , the cybersecurity certification of ict products and services is used only to a limited extent . when it exists , it mostly occurs at member state level or in the framework of industry driven schemes . in this context , a certificate issued by one national cybersecurity authority is not in principle recognised by other member states . companies thus may have to certify their products and services in several member states where they operate , for example with a view to participating in national procurement procedures . moreover , while new schemes are emerging , there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues , for instance in the field of the internet of things . existing schemes present significant shortcomings and differences in terms of product coverage , levels of assurance , substantive criteria and actual utilisation . ### currently , the cybersecurity certification of ict products and services is used only to a limited extent . when it exists , it mostly occurs at member state level or in the framework of industry driven schemes . in this context , a certificate issued by one national cybersecurity authority is not in principle recognised by other member states . companies thus may have to certify their products and services in several member states where they operate , for example with a view to participating in national procurement procedures . moreover , while new schemes are emerging , there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues , for instance in the field of the internet of things . existing schemes present significant shortcomings and differences in terms of product coverage , levels of risk - based assurance , substantive criteria and actual utilisation .


### in view of the above , it is necessary to establish a european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard . ### in view of the above , it is necessary to establish a european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict hardware and software products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict hardware and software products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard .


### in view of the above , it is necessary to establish a european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard . ### in view of the above , it is necessary to adopt a common approach and establish a european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard .


### the purpose of european cybersecurity certification schemes should be to ensure that ict products and services certified under such a scheme comply with specified requirements . such requirements concern the ability to resist , at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict products and services . ict products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . the modalities with which such objectives will be achieved in specific ict products and services should then be further specified in detail at the level of the individual certification scheme adopted by the commission , for example by reference to standards or technical specifications . ### the purpose of european cybersecurity certification schemes should be to ensure that ict hardware and software products and services certified under such a scheme comply with specified requirements . such requirements concern the ability to resist , at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict hardware and software products and services . ict hardware and software products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . this shall be done by means of a checklist listing the risks that the ict hardware or software product or service is expected to face by a given category of users in a particular environment . the modalities with which such objectives will be achieved in specific ict hardware and software products and services should then be further specified in detail at the level of the individual certification scheme adopted by the commission , for example by reference to standards or technical specifications .


### the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the commission , based on the candidate scheme proposed by enisa , should then be empowered to adopt the european cybersecurity certification scheme by means of implementing acts . taking account of the general purpose and security objectives identified in this regulation , european cybersecurity certification schemes adopted by the commission should specify a minimum set of elements concerning the subject - matter , the scope and functioning of the individual scheme . these should include among others the scope and object of the cybersecurity certification , including the categories of ict products and services covered , the detailed specification of the cybersecurity requirements , for example by reference to standards or technical specifications , the specific evaluation criteria and evaluation methods , as well as the intended level of assurance : basic , substantial and / or high . ### the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the commission , based on the candidate scheme proposed by enisa , should then be empowered to adopt the european cybersecurity certification scheme by means of implementing acts . taking account of the general purpose and security objectives identified in this regulation , european cybersecurity certification schemes adopted by the commission should specify a minimum set of elements concerning the subject - matter , the scope and functioning of the individual scheme . these should include among others the scope and object of the cybersecurity certification , including the categories of ict hardware and software products and services covered , the detailed specification of the cybersecurity requirements , for example by reference to standards or technical specifications , the specific evaluation criteria and evaluation methods , as well as the intended level of risk - based assurance : elemental , substantial and / or high .


### once a european cybersecurity certification scheme is adopted , manufacturers of ict products or providers of ict services should be able to submit an application for certification of their products or services to a conformity assessment body of their choice . conformity assessment bodies should be accredited by an accreditation body if they comply with certain specified requirements set out in this regulation . accreditation should be issued for a maximum of five years and may be renewed on the same conditions provided that the conformity assessment body meets the requirements . accreditation bodies should revoke an accreditation of a conformity assessment body where the conditions for the accreditation are not , or are no longer , met or where actions taken by a conformity assessment body infringe this regulation . ### once a european cybersecurity certification scheme is adopted , manufacturers of ict hardware and software products or providers of ict services should be able to submit an application for certification of their products or services to a conformity assessment body of their choice . these manufacturers may also decide to self - declare conformity with the relevant european cybersecurity certification scheme and shall be subject to scrutiny by the national certification supervisory authority , which , in turn will report the results of these assessments to the european cybersecurity certification group and to enisa . conformity assessment bodies should be accredited by an accreditation body if they comply with certain specified requirements set out in this regulation . accreditation should be issued for a period determined in the relevant european cybersecurity certification scheme and may be renewed on the same conditions provided that the conformity assessment body meets the requirements . accreditation bodies should revoke an accreditation of a conformity assessment body where the conditions for the accreditation are not , or are no longer , met or where actions taken by a conformity assessment body infringe this regulation .


### it is necessary to require all member states to designate one cybersecurity certification supervisory authority to supervise compliance of conformity assessment bodies and of certificates issued by conformity assessment bodies established in their territory with the requirements of this regulation and of the relevant cybersecurity certification schemes . national certification supervisory authorities should handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories , investigate to the extent appropriate the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable time period . moreover , they should cooperate with other national certification supervisory authorities or other public authority , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific cybersecurity schemes . ### it is necessary to require all member states to designate one cybersecurity certification supervisory authority to supervise compliance of conformity assessment bodies and of certificates issued by conformity assessment bodies established in their territory with the requirements of this regulation and of the relevant cybersecurity certification schemes . national certification supervisory authorities should handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories , investigate to the extent appropriate the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable time period . moreover , they should cooperate with other national certification supervisory authorities or other public authority , including by sharing information on possible non - compliance of ict hardware and software products and services with the requirements of this regulation or specific cybersecurity schemes . furthermore , they should supervise and verify the compliance of the self - declarations of conformity and that european cybersecurity certificates have been issued by conformity assessment bodies with the requirements set out in this regulation including the rules adopted by the european cybersecurity certification group and the requirements set out in the corresponding european cybersecurity certification scheme .


### the agency’s operations should be evaluated independently . the evaluation should have regard to the agency achieving its objectives , its working practices and the relevance of its tasks . the evaluation should also assess the impact , effectiveness and efficiency of the european cybersecurity certification framework . ### the agency’s operations should be evaluated independently . the evaluation should include the legitimacy and effectiveness of the agency’s expenditure , its efficiency in reaching its targets and a description of its working practices and the relevance of its tasks . the evaluation should also assess the impact , effectiveness and efficiency of the european cybersecurity certification framework .


### the agency shall promote a high level of awareness of citizens and businesses on issues related to the cybersecurity . ### the agency shall promote a high level of information for , and awareness of , citizens and businesses on issues related to cybersecurity .


### compiling and publishing guidelines and developing good practices concerning the cybersecurity requirements of ict products and services , in cooperation with national certification supervisory authorities and the industry ; ### compiling and publishing guidelines and developing good practices concerning the cybersecurity requirements of ict products and services , in cooperation with national certification supervisory authorities and the industry in a formal , standardised , and transparent process ;


### advise the union and the member states on research needs and priorities in the area of cybersecurity , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ; ### ensure prior consultation with relevant user groups and advise the union and the member states on research needs and priorities in the area of cybersecurity , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ;


### assess and adopt the consolidated annual report on the agency’s activities and send both the report and its assessment by 1 july of the following year , to the european parliament , the council , the commission and the court of auditors . the annual report shall include the accounts and describe how the agency has met its performance indicators . the annual report shall be made public ; ### assess and adopt the consolidated annual report on the agency’s activities and send both the report and its assessment by 1 july of the following year , to the european parliament , the council , the commission and the court of auditors . the annual report shall include the accounts , describe the effectiveness of the expenditure and assess how efficient the agency has been and to what extend it has met its performance indicators . the annual report shall be made public ;


### take all decisions on the establishment of the agency ' s internal structures and , where necessary , their modification , taking into consideration the agency ' s activity needs and having regard to sound budgetary management ; ### take all decisions on the establishment of the agency ' s internal structures and , where necessary , their modification , taking into consideration the agency ' s activity needs , as listed in this regulation , and having regard to sound budgetary management ;


### a european cybersecurity certification scheme shall attest that the ict products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those products , processes , services and systems . ### a european cybersecurity certification scheme shall be established in order to boost the level of security within the digital single market and adopt a harmonised approach , at eu level , to european certification , with a view to ensuring that ict products , services and systems are resistant to cyber - attacks . it shall attest that the ict products and services that have been certified in accordance with such scheme comply with specified common requirements as regards their ability to resist at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those products , processes , services and systems .


### a european cybersecurity certification scheme shall attest that the ict products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those products , processes , services and systems . ### a european cybersecurity certification scheme shall attest that the ict hardware and software products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of risk - based assurance , actions that aim to compromise the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those hardware and software products , development and maintenance processes , services and systems .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall take into account already existing national and international standards . enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary .


### the commission , based on the candidate scheme proposed by enisa , may adopt implementing acts , in accordance with article 55 , providing for european cybersecurity certification schemes for ict products and services meeting the requirements of articles 45 , 46 and 47 of this regulation . ### the commission , based on the candidate scheme proposed by enisa , may adopt implementing acts , in accordance with article 55 , providing for european cybersecurity certification schemes for ict hardware and software products and services meeting the requirements of articles 45 , 46 and 47 of this regulation .


### a european cybersecurity certification scheme shall be so designed to take into account , as applicable , the following security objectives : ### a european cybersecurity certification scheme shall be so designed to take into account , as applicable , the following non - exhaustive list of security objectives :


### ensure that ict products and services are provided with up to date software that does not contain known vulnerabilities , and are provided mechanisms for secure software updates . ### ensure that ict hardware and software products and services are provided with up to date software that does not contain known vulnerabilities , and are provided with mechanisms for secure software updates .


### a european cybersecurity certification scheme shall include the following elements : ### a european cybersecurity scheme shall include the following elements :


### subject - matter and scope of the certification , including the type or categories of ict products and services covered ; ### subject - matter and scope of the certification , including the type or categories of ict hardware and software products and services covered ;


### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated , for example by reference to union or international standards or technical specifications ; ### detailed specification of the cybersecurity requirements against which the specific ict hardware and software products and services are evaluated , for example by reference to union or international standards or technical specifications ;


### rules concerning how previously undetected cybersecurity vulnerabilities in ict products and services are to be reported and dealt with ; ### the requirement that an ict hardware or software product trader or service provider has procedures and rules in place concerning how previously undetected cybersecurity vulnerabilities in ict hardware and software products and services are to be reported and dealt with ;


### rules concerning how previously undetected cybersecurity vulnerabilities in ict products and services are to be reported and dealt with ; ### rules concerning how previously undetected cybersecurity vulnerabilities or defects in ict products and services are to be reported and dealt with ;


### identification of national cybersecurity certification schemes covering the same type or categories of ict products and services ; ### identification of national cybersecurity certification schemes or industry - led methods covering the same type or categories of ict hardware and software products and services ;


### identification of national cybersecurity certification schemes covering the same type or categories of ict products and services ; ### identification of national cybersecurity certification or self - assessment schemes covering the same type of categories of ict products and services ; and


### the certification shall be voluntary , unless otherwise specified in union law . ### the certification shall be mandatory for those products and services that fall under a high security requirement . for all other ict products and services , certification shall be voluntary , unless otherwise specified in union law .


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued and shall remain valid for a maximum period defined in each cybersecurity certification scheme according to article 47 and depending on the risk environment , the hardware and / or software product or services’ expected uses for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met .


### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist . ### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme , with the exception of cases involving the processing of classified information , national security , or public supply contracts pertaining thereto , shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 .


### monitor and enforce the application of the provisions under this title at national level and supervise compliance of the certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this title and in the corresponding european cybersecurity certification scheme ; ### monitor and enforce the application of the provisions under this title at national level and supervise and verify the compliance of the self - declarations of conformity and the cybersecurity certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this title and in the corresponding european cybersecurity certification scheme in accordance with the rules adopted by the european cybersecurity certification group pursuant to article 53 ;


### the principle of transparency , enshrined in article 15 tfeu which requires the institutions to work as openly as possible , implies , in the area of the implementation of the budget , that citizens are able to know where , and for what purpose , funds are spent by the union . such information fosters democratic debate , contributes to the participation of citizens in the union’s decision - making process and reinforces institutional control and scrutiny over union expenditure . such objectives should be achieved by the publication , preferably using modern communication tools , of relevant information concerning all recipients of union funds which takes into account such all recipients’ legitimate interests of confidentiality and security and , as far as natural persons are concerned , their right to privacy and the protection of their personal data . institutions should therefore adopt a selective approach in the publication of information , in accordance with the principle of proportionality . decisions to publish should be based on relevant criteria in order to provide meaningful information . ### the principle of transparency , enshrined in article 15 tfeu which requires the institutions to work as openly as possible , implies , in the area of the implementation of the budget , that citizens are able to know where , and for what purpose , funds are spent by the union . such information fosters democratic debate , contributes to the participation of citizens in the union’s decision - making process and reinforces institutional control and scrutiny over union expenditure . communication should be more targeted on recipients , aimed at increasing interaction with citizens by ensuring through defined instruments , that the messages have been received by beneficiaries . such objectives should be achieved by the publication , preferably using modern communication tools , of relevant information concerning all recipients of union funds which takes into account such all recipients’ legitimate interests of confidentiality and security and , as far as natural persons are concerned , their right to privacy and the protection of their personal data . institutions should therefore adopt a selective approach in the publication of information , in accordance with the principle of proportionality . decisions to publish should be based on relevant criteria in order to provide meaningful information .


### in the interest of increased readability and transparency of data on financial instruments implemented under direct and indirect implementation , it is appropriate to merge all reporting requirements in one single working document attached to the draft budget . ### in the interest of increased readability and transparency of data on financial instruments implemented under direct and indirect implementation , it is appropriate to merge all reporting requirements in one single working document attached to the draft budget , to be used for a separate performance evaluation and assessment of the contribution to eu cohesion policy .


### it is also important to avoid that recipients of eu funds are audited several times by different entities on the use of these funds . it is therefore necessary to foresee the possibility to rely on audits already carried out by independent auditors provided that they are based on internationally accepted standards , that they provide reasonable assurance , and that they have been conducted on the financial statements and reports setting out the use of the union contribution . such audits should then form the basis of the overall assurance on the use of eu funds . ### it is also important to avoid that recipients of eu funds are audited several times by different national and eu entities on the use of these funds . it is therefore necessary to foresee the possibility to rely on audits already carried out by independent auditors provided that they are based on internationally accepted standards , that they provide reasonable assurance , and that they have been conducted on the financial statements and reports setting out the use of the union contribution . such audits should then form the basis of the overall assurance on the use of eu funds .


### progress towards the electronic exchange of information and electronic submission of documents , which constitute a major simplification measure , should be accompanied by clear conditions for the acceptance of the systems to be used , so as to establish a legally sound environment while preserving flexibility in the management of union funds for the participants , recipients and the authorising offices as provided for in this regulation . ### progress towards the electronic exchange of information and electronic submission of documents , including e - procurement , which constitute a major simplification measure , should be accompanied by clear conditions for the acceptance of the systems to be used , so as to establish a legally sound environment while preserving flexibility in the management of union funds for the participants , recipients and the authorising offices as provided for in this regulation .


### union public procurement should ensure that union funds are used in an effective , transparent , and appropriate way . in that regard , electronic procurement should contribute to the better use of union funds and enhance access to contracts for all economic operators . ### union public procurement should ensure that union funds are used in an effective , transparent , and appropriate way , while alleviating administrative burden on recipients of eu funding and on managing authorities . in that regard , electronic procurement should contribute to the better use of union funds and enhance access to contracts for all economic operators .


### in order to simplify procedures and improve the readability of this regulation provisions related to the content of the grant application , of the call for proposals and of the grant agreement should be simplified and streamlined . ### in order to simplify procedures and improve the readability of this regulation provisions related to the content of the grant application , of the call for proposals and of the grant agreement should be simplified and streamlined , especially in view of encouraging public private partnerships and achieving synergy through combinations with other sources of eu funding and private investment .


### financial instruments can be valuable in multiplying the effect of union funds when those funds are pooled with other funds and include a leverage effect . financial instruments should only be implemented if there is no risk of market distortion or inconsistency with state aid rules . ### financial instruments can be valuable in multiplying the effect of union funds when those funds complement grants and are in synergy with other funds and include a leverage effect . financial instruments should only be implemented if there is no risk of substituting existing public or private financing , market distortion or inconsistency with state aid rules .


### within the framework of the annual appropriations authorised by the european parliament and the council for a given programme , financial instruments should be used on the basis of an ex ante evaluation demonstrating that they are effective for the achievement of the union’s policy objectives . ### within the framework of the annual appropriations authorised by the european parliament and the council for a given programme , financial instruments should be used on the basis of an ex ante evaluation demonstrating that they are effective for the achievement of the union’s policy objectives , including the achievement of the 11 thematic objectives of eu’s cohesion policy .


### progress in the achievement of objectives shall be monitored with performance indicators ; ### progress in the achievement of objectives shall be monitored with performance indicators , specifically focused on ex - post impact , outcomes and eu added value ;


### the commission shall ensure a harmonised management of financial instruments in particular in the area of accounting , reporting , monitoring and financial risk management . ### the commission shall ensure a harmonised and simplified management of financial instruments in particular in the area of accounting , reporting , monitoring and financial risk management .


### “investment in the development of endogenous potential through fixed investment in equipment and infrastructure , including cultural and sustainable tourism infrastructure , services to enterprises , support to research and innovation bodies and investment in technology and applied research in enterprises ; ” ### “investment in the development of endogenous potential through fixed investment in equipment and infrastructure , including cultural and sustainable tourism infrastructure with no major restrictions , services to enterprises , support to research and innovation bodies and investment in technology and applied research in enterprises ; ”


### “ supporting the reception and social and economic integration of migrants and refugees” ### “ supporting the reception and social and economic integration of migrants with regular status , asylum seekers and refugees”


### ‘ macroregional strategy’ means an integrated framework , which may be supported by the esi funds among others , to address common challenges faced by a defined geographical area relating to member states and third countries located in the same geographical area which thereby benefit from strengthened cooperation contributing to achievement of economic , social and territorial cohesion ; ### ‘ macroregional strategy’ means an integrated framework endorsed by the european council , which may be supported by the esi funds among others , to address common challenges faced by a defined geographical area relating to member states and third countries located in the same geographical area which thereby benefit from strengthened cooperation contributing to achievement of economic , social and territorial cohesion ;