### without prejudice to national laws , regulations or administrative provisions concerning the remuneration of certain services , the criteria on which contracting authorities shall base the award of public contracts shall be one of the following : the most economically advantageous tender the lowest cost . costs may be assessed , on the choice of the contracting authority , on the basis of the price only or using a cost - effectiveness approach , such as a life - cycle costing approach , under the conditions set out in article 67 . ### without prejudice to national laws , regulations or administrative provisions concerning the remuneration of certain services , the criteria on which contracting authorities shall base the award of public contracts shall be one of the following : the most economically advantageous tender the lowest cost . costs may be assessed using a cost - effectiveness approach , such as a life - cycle costing approach , under the conditions set out in article 67 .


### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice should only be used in very exceptional circumstances . this exception should be limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly . ### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice are only to be used in very exceptional circumstances and under the threshold as set out in article 4 and with adequate justification . this exception is limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly .


### — the execution of construction or demolition works , or of other installations or schemes , ### - the execution of construction works or of or other installations or schemes , including demolition works directly linked to the execution of construction works ,


### the competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this article . subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority . ### the competent authority may request additional information from the developer , if this is justified by new circumstances or technical considerations and explained by the competent authority .


### the environmental impact assessment shall identify , describe and assess in an appropriate manner , in the light of each individual case and in accordance with articles 4 to 11 , the direct and indirect significant effects of a project on the following factors : ### the environmental impact assessment shall , in the light of each individual case , in accordance with articles 5 to 10 and in an appropriate manner identify and describe the relevant direct and indirect effects of a project on the following factors and assess if those effects are significant :


### when all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , including , where relevant , specific assessments required under other union legislation , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project within three months . ### as soon as all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , including , where relevant , specific assessments required under other union legislation , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project as quickly as possible and within the applicable time limits laid down by national legislation .


### over the last decade , environmental issues , such as resource efficiency , biodiversity , climate change , and disaster risks , have become more important in policy making and should therefore also constitute critical elements in assessment and decision - making processes , especially for infrastructure projects . ### over the last decade , environmental issues , such as resource efficiency , biodiversity , climate change , and disaster risks , have become more important in policy making and should therefore also constitute critical elements in assessment and decision - making processes , especially for infrastructure projects . the commission should propose a list of criteria and indications including visual impact with a view to a better implementation of directive 2011 / 92 / eu with regard to the conservation of historical and cultural heritage , as there are currently no guidelines in that respect .


### the competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected . ### the competent authority shall make its decision pursuant to paragraph 2 within 90 days from the request for development consent and provided that the developer has submitted all the requisite information . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a maximum 90 days ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected and inform the commission about the entity and causes of the delay .


### the main reasons for choosing the project as adopted , in the light of the other alternatives considered , including the likely evolution of the existing state of the environment without implementation of the project ; ### the main reasons for giving consent to the project ;


### the main reasons for choosing the project as adopted , in the light of the other alternatives considered , including the likely evolution of the existing state of the environment without implementation of the project ; ### a summary of the other alternatives considered by the developer , including the likely evolution of the existing state of the environment without implementation of the project ;


### when all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , including , where relevant , specific assessments required under other union legislation , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project within three months . ### when all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , including , where relevant , specific assessments required under other union legislation , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project within ninety days .


### depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its decision is expected . ### depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 90 days and inform the commission about the entity and the causes of the delay , in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its decision is expected .


### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive . ### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date must be executed within eight months of the approval of the amended directive .


### if the consultations and the information gathered pursuant to articles 5 , 6 and 7 conclude that a project will have significant adverse environmental effects , the competent authority , as early as possible and in close cooperation with the authorities referred to in article 6 and the developer , shall consider whether the environmental report referred to in article 5 should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed . ### if the consultations and the information gathered pursuant to articles 5 , 6 and 7 conclude that a project will have significant adverse environmental effects , the competent authority shall , as early as possible , discuss with the authorities referred to in article 6 and the developer whether the environmental report referred to in article 5 should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed under the relevant law .


### a description of the relevant aspects of the existing state of the environment and the likely evolution thereof without implementation of the project . this description should cover any existing environmental problems relevant to the project , including , in particular , those relating to any areas of a particular environmental importance and the use of natural resources . ### a description of the relevant aspects of the existing state of the environment . this description should cover any existing environmental problems relevant to the project , including , in particular , those relating to any areas of a particular environmental importance and the use of natural resources .


### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive . ### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive , where the developer asks for environmental assessment of his project to be continued in accordance with the new provisions .


### a description , of the technical , locational or other aspects of the alternatives considered , including the identification of the least environmentally impacting one , and an indication of the main reasons for the choice made , taking into account the environmental effects . ### a description , of the reasonable alternatives relevant to the proposed project , e . g . the technical , locational or other aspects of the alternatives considered , and an indication of the main reasons for the choice made , taking into account the environmental effects .


### if the consultations and the information gathered pursuant to articles 5 , 6 and 7 conclude that a project will have significant adverse environmental effects , the competent authority , as early as possible and in close cooperation with the authorities referred to in article 6 and the developer , shall consider whether the environmental report referred to in article 5 should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed . ### based on the consultations pursuant to articles 6 and 7 and in close cooperation with the authorities referred to in article 6 and the developer , the competent authority or authorities shall consider whether the environmental report referred to in article 5 should be revised and the request for development consent modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed .


### the natural and man - made disaster risks and risk of accidents , with particular regard to hydromorphological changes , substances , or technologies or living organisms used , to specific surface and subsurface conditions or alternative use , and to the probability of accidents or disasters and the vulnerability of the project to these risks ; ### the risk of accidents , with particular regard to substances , technologies or living organisms used .


### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . ### ' environmental impact assessment ' shall mean the process of preparing an environmental report , the verification by the competent authority , the taking into account of the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 .


### for projects listed in annex ii , the developer shall provide information on the characteristics of the project , its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects . the detailed list of information to be provided is specified in annex ii . a . ### for projects listed in annex ii , which in accordance with the laws of member states require a case - by - case examination or which meet the thresholds or criteria set by the member states in accordance with paragraph 2 , the developer shall provide information on the characteristics of the project and its potential impact on the environment . the detailed list of information to be provided is specified in annex ii . a .


### the time - frames for consulting the public concerned on the environmental report referred to in article 5 shall not be shorter than 30 days or longer than 60 days . in exceptional cases , where the nature , complexity , location or size of the proposed project so require , the competent authority may extend this time - frame by a further 30 days ; in that case , the competent authority shall inform the developer of the reasons justifying the extension . ### the time - frames for consulting the public concerned on the environmental report referred to in article 5 shall not be shorter than 30 days or longer than 60 days . in exceptional cases , where the nature , complexity , location or size of the proposed project so require , the competent authority may extend this time - frame by up to 30 days ; in that case , the competent authority shall inform the developer of the reasons justifying the extension . .


### the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and / or committees of national experts . ### the competent authority shall ensure that the environmental report is verified by independent and technically competent experts and / or committees of known national experts .


### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects . ### if the competent authority decides to grant development consent , it shall consider whether measures to monitor the significant adverse environmental effects should be included in the development consent , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects during the phases of construction , management , demolition , and post - closure .


### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects . ### if the competent authority decides to grant development consent , it shall , in accordance with the relevant legislation , ensure that the development consent includes measures to monitor the significant adverse environmental effects .


### the natural and man - made disaster risks and risk of accidents , with particular regard to hydromorphological changes , substances , or technologies or living organisms used , to specific surface and subsurface conditions or alternative use , and to the probability of accidents or disasters and the vulnerability of the project to these risks ; ### the natural and man - made disaster risks and risk of accidents , with particular regard to hydromorphological changes , substances , or technologies or living organisms used , to specific surface and subsurface conditions or alternative use , to local geological characteristics , and to the probability of accidents or disasters and the vulnerability of the project to these risks ;


### population , human health , and biodiversity , with particular attention to species and habitats protected under council directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council ; ### population , human health ; fauna , flora and biodiversity , with particular attention to species and habitats protected under directives 92 / 43 / eec and 2009 / 147 / ec ;


### existing monitoring arrangements resulting from other union legislation may be used if appropriate . ### monitoring arrangements resulting from other union legislation shall be used if appropriate .


### the information and findings on environmental effects obtained from assessments required under other eu legislation . ### the information and findings on the characteristics of the potential impact obtained from assessments required under other eu legislation .


### areas in which there has already been a failure to meet the environmental quality standards , laid down in union legislation and relevant to the project , or is likely to be such a failure ; ### areas in which there is a failure to meet the environmental quality standards , laid down in union legislation and relevant to the project , or is likely to be such a failure as far as no overall environmental benefit is achieved ;


### the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and / or committees of national experts . ### if deemed necessary due to obvious technical deficiencies in the environmental report , the competent authority shall ensure that the environmental report is verified by competent persons and / or expert committees .


### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive . ### directive 2011 / 92 / eu as amended by this directive shall not apply to projects for which the obligation to carry out an environmental impact assessment has been determined before the date referred to in the first subparagraph of article 2 , with the exception of projects for which the environmental impact assessment is not concluded 24 months at the latest after the aforementioned date .


### impacts of the project on the environment , in particular on land , soil , water , air and biodiversity ; ### impacts of the project on the environment , in particular on land use and the loss of agricultural and forest areas , land , soil , water , air and biodiversity ;


### the competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected . ### member states shall ensure that the competent authority makes its determination pursuant to paragraph 2 within three months from the moment the developer has submitted all the requisite information pursuant to paragraph 3 . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension .


### where accredited and technically competent experts assisted the competent authority to prepare the determination referred to in article 5 , the same experts shall not be used by the developer for the preparation of the environmental report . ### where technically competent experts assisted the competent authority to prepare the determination referred to in article 5 , the developer should avoid using the same experts for the preparation of the environmental report .


### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation . ### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation may be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation , if deemed appropriate by the authorities in the member state .


### the expected residues and emissions and the production of waste ; ### the expected residues and emissions and the production of waste when relevant ;


### a description of the aspects of the environment likely to be significantly affected by the proposed project , including , in particular , population , human health , fauna , flora , biodiversity and the ecosystem services it provides , land , soil , water , air , climatic factors , climate change , material assets , cultural heritage , including architectural and archaeological ones , landscape ; such a description should include the inter - relationship between the above factors , as well as the exposure , vulnerability and resilience of the above factors to natural and man - made disaster risks . ### a description of the aspects of the environment likely to be significantly affected by the proposed project , including , in particular , population , human health , fauna , flora , biodiversity and the ecosystem services it provides , land , soil , water , air , climatic factors , climate , material assets , cultural heritage , including architectural and archaeological ones , landscape ; such a description should include the inter - relationship between the above factors , as well as the exposure , vulnerability and resilience of the above factors to natural and man - made disaster risks .


### land , soil , water , air and climate change ; ### land , soil , water , air and climate ;


### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact and alternatives to the proposed project . the detailed list of information to be provided in the environmental report is specified in annex iv .


### the environmental assessment of the competent authority referred to in article 3 and the environmental conditions attached to the decision , including a description of the main measures to avoid , reduce and , if possible , offset significant adverse effects ; ### results of the environmental assessment , including a summary of the comments received pursuant to articles 6 and 7 and the environmental conditions attached to the decision , including a description of the main measures to avoid , reduce and , if possible , offset significant adverse effects ;


### a description of the measures envisaged to avoid , prevent or reduce any significant adverse effects on the environment . ### a description of the measures envisaged to avoid , prevent or reduce any significant adverse effects on the environment , when relevant . this shall be particularly relevant when the effects or consequences of the measures are considered irreversible .


### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive . ### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date must be executed within eight months of the approval of the amended directive .


### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive . ### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 shall be subject to the arrangements previously laid down in articles 3 to 11 of directive 2011 / 92 / eu .


### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### when an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall submit an environmental report . the environmental report shall include the information and assessments specified in annex iv . when preparing the environmental report , the developer shall include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project and shall take into account : the opinion , given by the competent authority pursuant to paragraph 2 , on the scope and level of detail of the information to be supplied by the developer ; current knowledge and methods of assessment .


### land , soil , water , air and climate change ; ### land , subsoil , soil , water , air and climate change ;


### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects . ### if the competent authority decides to grant development consent , it shall consider whether the development consent should include measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseen adverse effects .


### under the coordinated procedure , the competent authority shall coordinate the various individual assessments required by the union legislation concerned and issued by several authorities , without prejudice to any provisions to the contrary contained in other relevant union legislation . ### under the coordinated procedure , the competent authority / authorities shall coordinate the various individual assessments required by the union legislation concerned and issued by several authorities , without prejudice to any provisions to the contrary contained in other relevant union legislation .


### the developer shall ensure that the environmental report is prepared by accredited and technically competent experts or ### the developer shall ensure that the environmental report is prepared by technically competent experts and


### the use of natural resources , in particular soil , land , water , and biodiversity , including hydromorphological changes . ### the use of natural resources , in particular soil , land , water , and biodiversity .


### land , soil , water , air and climate change ; ### soil , water , air , climate and the landscape ;


### it is necessary to amend directive 2011 / 92 / eu in order to strengthen the quality of the environmental assessment procedure , streamline the various steps of the procedure and enhance coherence and synergies with other union legislation and policies , as well as strategies and policies developed by member states in areas of national competence . ### it is necessary to amend directive 2011 / 92 / eu in order to strengthen the quality of the environmental assessment procedure , streamline the various steps of the procedure and enhance coherence and synergies with other union legislation and policies , as well as strategies and policies developed by member states in areas of national competence . in many cases administrative procedures became too complicated and extended , causing delays and creating additional risks for the protection of the environment . in this respect , simplification and harmonisation of the procedures should be one of the aims of directive 2011 / 92 / eu . the suitability of creating a one - stop shop is to be taken into account with a view to allow coordinated assessment or joint procedures when several eias are required , for instance in cases of cross - border projects , as well as to define more specific criteria for mandatory assessments .


### the natural and man - made disaster risks and risk of accidents , with particular regard to hydromorphological changes , substances , or technologies or living organisms used , to specific surface and subsurface conditions or alternative use , and to the probability of accidents or disasters and the vulnerability of the project to these risks ; ### the risk of accidents , with particular regard to , where relevant , hydromorphological changes , substances , technologies or living organisms used , to specific surface and subsurface conditions or alternative use ;


### the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and / or committees of national experts . ### the competent authority shall ensure that the environmental report is verified by technically competent experts .


### population , human health , and biodiversity , with particular attention to species and habitats protected under council directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council ; ### population , human health ; fauna , flora and biodiversity , with particular attention to species and habitats protected under directives 92 / 43 / eec and 2009 / 147 / ec ;


### — the execution of construction or demolition works , or of other installations or schemes , ### - the execution of construction works or of or other installations or schemes , including demolition works directly linked to the execution of construction works ,


### the competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this article . subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority . ### if the developer requests an opinion , the competent authority may request the developer to deliver the additional information which it deems useful to give the opinion . subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority .


### the environmental assessment of the competent authority referred to in article 3 and the environmental conditions attached to the decision , including a description of the main measures to avoid , reduce and , if possible , offset significant adverse effects ; ### the results of the environmental assessment of the competent authority referred to in article 3 and the environmental conditions attached to the decision , including a description of the main measures to avoid , reduce and , if possible , offset significant adverse effects


### existing monitoring arrangements resulting from other union legislation may be used if appropriate . ### existing monitoring arrangements including those resulting from other union legislation or national legislation may be used if appropriate .


### impacts of the project on climate change , contribution of the project to an improved resilience , and the impacts of climate change on the project ; ### impacts of the project on climate , contribution of the project to an improved resilience , and the impacts of climate change on the project ;


### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects . ### if the competent authority decides to grant development consent or issues another decision for the purpose of fulfilling the requirements of this directive , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects .


### the use of natural resources , in particular land , soil , water , biodiversity and the ecosystem services it provides , considering as far possible the availability of these resources also in the light of changing climatic conditions ; ### the use of natural resources , in particular land , soil , water and biodiversity , considering the sustainable availability of these resources ;


### population , human health , and biodiversity , with particular attention to species and habitats protected under council directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council ; ### human beings , fauna and flora ;


### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### when an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall submit an environmental report . the environmental report shall include the information and assessments specified in annex iv . when preparing the environmental report , the developer shall include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project and shall take into account : the opinion , given by the competent authority pursuant to paragraph 2 , on the scope and level of detail of the information to be supplied by the developer ; current knowledge and methods of assessment .


### when all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , including , where relevant , specific assessments required under other union legislation , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project within three months . ### when all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project within two months .


### the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and / or committees of national experts . ### if deemed necessary due to obvious technical deficiencies in the environmental report , the competent authority shall ensure that the environmental report is verified by competent persons and / or expert committees .


### the main reasons for choosing the project as adopted , in the light of the other alternatives considered , including the likely evolution of the existing state of the environment without implementation of the project ; ### a summary of the other alternatives considered by the developer , including the likely evolution of the existing state of the environment without implementation of the project ;


### the environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project , including the likely evolution of the existing state of the environment without implementation of the project , as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design . ### the environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project .


### a description of the physical characteristics of the whole project , including , where relevant , its subsurface , during the construction and operational phases ; ### a description of the physical characteristics of the whole project , including , where relevant , its subsurface and underground , during the construction and operational phases , including demolition ;


### the detailed arrangements for the use and selection of accredited and technically competent experts , shall be determined by the member states . ### the detailed arrangements for the use and selection of accredited and technically competent experts shall be determined by the member states .


### having examined the environmental report and the concerns and opinions expressed by the public concerned , the main reasons and considerations on which the decision is based , including information about the public participation process ; ### having examined the environmental report , the comments and opinions expressed by the public concerned and the outcome of the consultations of that public and of the authorities referred to in article 6 , the main reasons and considerations on which the decision is based ;


### the competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected . ### member states shall ensure that the competent authority makes its determination pursuant to paragraph 2 within three months from the moment the developer has submitted all the requisite information pursuant to paragraph 3 . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension .


### the possibility of reducing impacts effectively . ### the possibility of avoiding , preventing or reducing impacts effectively .


### the natural and man - made disaster risks and risk of accidents , with particular regard to hydromorphological changes , substances , or technologies or living organisms used , to specific surface and subsurface conditions or alternative use , and to the probability of accidents or disasters and the vulnerability of the project to these risks ; ### the risk of accidents , with particular regard to , where relevant , hydromorphological changes , substances , technologies or living organisms used , to specific surface and subsurface conditions or alternative use ;


### if the consultations and the information gathered pursuant to articles 5 , 6 and 7 conclude that a project will have significant adverse environmental effects , the competent authority , as early as possible and in close cooperation with the authorities referred to in article 6 and the developer , shall consider whether the environmental report referred to in article 5 should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed . ### if the consultations and the information gathered pursuant to articles 5 , 6 and 7 conclude that a project will have significant adverse environmental effects , the competent authority shall , as early as possible , discuss with the authorities referred to in article 6 and the developer whether the environmental report referred to in article 5 should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed under the relevant law .


### for projects listed in annex ii , the developer shall provide information on the characteristics of the project , its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects . the detailed list of information to be provided is specified in annex ii . a . ### for projects listed in annex ii , which in accordance with the laws of member states require a case - by - case examination or which meet the thresholds or criteria set by the member states in accordance with paragraph 2 , the developer shall provide information on the characteristics of the project and its potential impact on the environment . the detailed list of information to be provided is specified in annex ii . a .


### the competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this article . subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority . ### the competent authority may request additional information from the developer , if this is justified by new circumstances or technical considerations and explained by the competent authority .


### ' – the execution of construction or demolition works , or of other installations or schemes , ' ### – the execution of construction works and of other installations or schemes . this directive shall also apply to demolition , where this is not subject to sector - specific rules ,


### if the competent authority decides to grant development consent , it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseeable adverse effects . ### if the competent authority decides to grant development consent , it shall consider whether the development consent should include measures to monitor the significant adverse environmental effects , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures , and to identify any unforeseen adverse effects .


### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment . the detailed list of selection criteria to be used is specified in annex iii . ### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the competent authority shall , where necessary , take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment . the detailed list of selection criteria to be used is specified in annex iii .


### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### the competent authority shall make its determination pursuant to paragraph 2 , on the basis of the information provided by the developer pursuant to paragraph 3 and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the determination pursuant to paragraph 2 shall :


### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . ' ### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report , including data concerning pollution from emissions , and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . '


### the use of natural resources , in particular land , soil , water , and biodiversity , including hydromorphological changes ; ### the use of natural resources , in particular land , soil , water , and biodiversity ;


### the use of natural resources , in particular land , soil , water , biodiversity and the ecosystem services it provides , considering as far possible the availability of these resources also in the light of changing climatic conditions ; ### the use of natural resources , in particular land , soil , water , biodiversity , considering as far possible the availability of these resources also in the light of changing climatic conditions ;


### the environmental assessment of the competent authority referred to in article 3 and the environmental conditions attached to the decision , including a description of the main measures to avoid , reduce and , if possible , offset significant adverse effects ; ### the results of the environmental assessment of the competent authority referred to in article 3 and the environmental conditions attached to the decision , including a description of the main measures to avoid , reduce and , if possible , offset significant adverse effects


### a description of the aspects of the environment likely to be significantly affected by the proposed project , including , in particular , population , human health , fauna , flora , biodiversity and the ecosystem services it provides , land , soil , water , air , climatic factors , climate change , material assets , cultural heritage , including architectural and archaeological ones , landscape ; such a description should include the inter - relationship between the above factors , as well as the exposure , vulnerability and resilience of the above factors to natural and man - made disaster risks . ### a description of the aspects of the environment likely to be significantly affected by the proposed project , including , in particular , population , human health , fauna , flora , biodiversity , land , soil , water , air , climatic factors , climate change , material assets , cultural heritage , including architectural and archaeological ones , landscape ; such a description should include the inter - relationship between the above factors , as well as the exposure , vulnerability and resilience of the above factors to natural and man - made disaster risks .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 5 shall be given or made available to the consumer in good time and at any event before the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used .


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 13 and 42 , the consequences of any breach of article 5 shall be determined in accordance with the applicable national law . member states shall provide for effective remedies for any breach of article 5 .


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in good time before the consumer is bound by any distance or off - premises contract or any corresponding offer , the trader or any person acting in his name or on his behalf shall provide the consumer with the following information in a clear and intelligible manner :


### ' distance contract ' means any sales or service contract where the trader , for the conclusion of the contract , makes exclusive use of one or more means of distance communication ; ### ' distance contract ' means any contract for the provision of a good or service concluded between a trader and a consumer under an organised distance sales or service - provision scheme where the trader and the consumer , for the conclusion of the contract , are not simultaneously physically present , but , rather , make exclusive use of one or more means of distance communication ;


### member states shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer . ### member states shall refrain from imposing any requirements as to the way the contract terms are expressed . this article shall not affect the discretion of the member states to adopt further formal requirements with regard to the validity or effect on third parties of contracts , for example their registration or authentication .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer in time for the conclusion of the contract , before the consumer is bound by the distance contract or offer . the information shall be provided in plain and intelligible language , including the language of the consumer , and be legible and clear , in a way appropriate to the means of communication used .


### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . the consumer shall only be charged for the direct cost of returning the goods unless the trader has agreed to bear that cost . ### for distance or off - premises contracts for the supply of goods for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . the consumer shall only be charged for the direct cost of returning the goods . he shall not be charged for that cost if the trader has agreed to bear it or the price of the goods to be returned is more than eur 50 .


### the consumer may resort to any remedy available under paragraph 1 , where one of the following situations exists : ### where the consumer can require the goods to be repaired and the deadline for the trader to effect the repair has passed without result , the consumer may undertake the repair himself and require compensation from the trader for the necessary expenditure thereby entailed . it shall not be necessary to set a deadline if the trader has refused to effect the repair or if , taking account of the interests of both parties , special circumstances justify the consumer undertaking it himself immediately .


### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are primarily outside his trade , business , craft or profession ;


### contract terms which are unfair shall not be binding on the consumer . the contract shall continue to bind the parties if it can remain in force without the unfair terms . ### contract terms , which are unfair and are not compatible with the transparency requirements laid down in article 31 , paragraphs 1 and 2 , of the present directive , shall not be binding on the consumer . the contract shall continue to bind the parties if it can remain in force without the unfair and non - transparent terms .


### ' public auction ' means a method of sale where goods are offered by the trader to consumers , who attend or are given the possibility to attend the auction in person , through a competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goods ; ### ' public auction ' means a method of sale where a good or a service is offered by the trader to consumers , during an event which is physically accessible to the public , through a competitive bidding procedure run by a third party for pecuniary consideration ; in an ascending price auction , the good or service goes to the consumer making the highest bid ; in a descending price auction , the good or service goes to the consumer who is first to agree immediately to purchase the good or service for the asking price ;


### for sales contracts , the trader may withhold the reimbursement until he has received or collected the goods back , or the consumer has supplied evidence of having sent back the goods , whichever is the earliest . ### for distance or off - premises contracts for the supply of goods , the trader may make the reimbursement conditional upon the return of the goods .


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### the consumer in the first place should have the option of requiring the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate . whether a remedy is disproportionate should be determined objectively . a remedy should be considered disproportionate if it imposes , in comparison with other remedies , unreasonable costs . in order to determine whether the costs are unreasonable , the costs of one remedy should be significantly higher than the costs of another remedy .


### this chapter shall not apply to contract terms reflecting mandatory statutory or regulatory provisions , which comply with community law and the provisions or principles of international conventions to which the community or the member states are party . ### this chapter shall not apply to contract terms reflecting binding statutory or regulatory provisions or provisions or principles of international conventions to which the union or the member states are party .


### the particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract . the fact that the trader is an occasional distance seller or that he uses an organised scheme run by a third party such as an online platform , should not deprive consumers of their protection . similarly , a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract , if the contract has then been concluded through the exclusive use of means of distance communication , such as the internet or telephone . for traders , a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition . ### the particular circumstances under which a distance scheme was organised should not be relevant in the definition of a distance contract . the fact that the trader uses an organised scheme run by a third party such as an online platform , should not deprive consumers of their protection .


### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises context , consumers are under psychological pressure no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . ### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises , non - commercial context , consumers could be faced with an unexpected situation in the event of a commercial approach being made , no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract .


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to contract terms in contracts between traders and consumers which have not been individually negotiated . a term shall be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term , particularly in the context of a pre - formulated standard contract .


### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises context , consumers are under psychological pressure no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . ### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . contracts which are concluded away from the business premises of the trader are characterised by the fact that the consumer is not prepared for the negotiations of the contract and is under psychological pressure regardless whether he / she has solicited the trader’s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . however , contracts which , according to the provisions of the member states , are authenticated by a public official , do not present a situation where the consumer is put under such exceptional psychological pressure . such contracts are hence neither considered as off - premises contracts nor as distance contracts within the meaning of this directive .


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the final price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; if applicable the percentage of the price that is due to private copying levy on equipment or blank media . in case of an open - ended contract , the final price shall mean the total monthly costs .


### for sales contracts , the trader may withhold the reimbursement until he has received or collected the goods back , or the consumer has supplied evidence of having sent back the goods , whichever is the earliest . ### for distance or off - premises contracts for the supply of goods , the trader may withhold the reimbursement until he has received or collected the goods back , or the consumer has supplied evidence of having sent back the goods , whichever is the earliest , unless the trader has offered to collect the goods himself .


### any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances , or ### any sales or service contract during an excursion organized by the trader away from their business premises , or during a visit by a trader to the consumer ' s home or to that of another consumer , or to the consumer ' s place of work , where the visit does not take place at the express request of the consumer .


### ' off - premises contract ' means : any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances , or any sales or service contract concluded on business premises but negotiated away from business premises , with the simultaneous physical presence of the trader and the consumer . ### ' off - premises contract ' means any contract between a trader and a consumer for the provision of a good or service : which is concluded away from business premises with the simultaneous physical presence of the trader and the consumer , or for which an offer was made by the consumer with the simultaneous physical presence of the trader and the consumer away from business premises , or which is concluded on business premises but whose main components have been determined away from business premises , with the simultaneous physical presence of the trader and the consumer ;


### for the sale of immovable property or relating to other immovable property rights , except for rental and works relating to immovable property ; ### for or in connection with the sale or acquisition of immovable property or the formation or transfer of rights in rem or contracts in the context of a sale of immovable property or the formation or transfer of rights in rem . this includes , in particular agreements connected with such legal acts , such as sales of immovable property still to be developed or hire - purchase . this directive shall however apply to contracts for mere rental of immovable property or mere works on immovable property ;


### ' distance contract ' means any sales or service contract where the trader , for the conclusion of the contract , makes exclusive use of one or more means of distance communication ; ### ' distance contract ' means any contract for the provision of a good or service concluded between a trader and a consumer under an organised distance sales or service - provision scheme where the trader and the consumer , for the conclusion of the contract , are not simultaneously physically present , but , rather , make exclusive use of one or more means of distance communication ;


### the geographical address and the identity of the trader , such as his trading name and , where applicable , the geographical address and the identity of the trader on whose behalf he is acting ; ### the identity of the trader , such as his trading name ;


### the definition of durable medium should include in particular documents on paper , usb sticks , cd - roms , dvds , memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored . ### durable media should include in particular paper , usb sticks , cd - roms , dvds , memory cards and the hard disks of computers on which electronic mail or files saved in unmodifiable form are stored . e - mails and internet websites as such should not be durable media .


### when the trader has either refused or has more than once failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies . the trader ' s refusal can be either explicit or implicit , meaning in the latter case that the trader does not respond or ignores the consumer ' s request to remedy the lack of conformity . ### when the trader has either refused or has failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies . the trader ' s refusal can be either explicit or implicit . it is implicit when the trader does not respond or ignores the consumer ' s request to remedy the lack of conformity . member states shall identify the legal remedies available to consumers should a trader refuse or fail to remedy the lack of conformity .


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in good time and at all events prior to the conclusion of the distance or off - premises contract , the trader shall communicate to the consumer the following information in a clear and intelligible manner :


### contract terms which are unfair shall not be binding on the consumer . the contract shall continue to bind the parties if it can remain in force without the unfair terms . ### contract terms , which are unfair and are not compatible with the transparency requirements laid down in article 31 , paragraphs 1 and 2 , of the present directive , shall not be binding on the consumer . the contract shall continue to bind the parties if it can remain in force without the unfair and non - transparent terms .


### the trader shall remedy the lack of conformity by either repair or replacement according to his choice . ### the consumer may first require the trader to repair the goods or to replace them if such a remedy is not impossible or disproportionate .


### if the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off - premises contract , the withdrawal period should be extended . however , in order to ensure legal certainty over time , a three - month limitation period should be introduced , provided that the trader has fully performed his contractual obligations . the trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer . ### if the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off - premises contract , the withdrawal period should be extended . however , in order to ensure legal certainty over time , a one - year limitation period should be introduced , provided that the trader has fully performed his contractual obligations . the trader should be regarded as having fully performed his obligations when he has delivered the goods , has fully provided the services ordered by the consumer or , in the case of service contracts concluded for an indefinite period , has commenced the contractual provision of the service .


### member states shall ensure that contract terms , as set out in the list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure that contract terms , as set out in the list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states .


### for sales contracts , the trader may withhold the reimbursement until he has received or collected the goods back , or the consumer has supplied evidence of having sent back the goods , whichever is the earliest . ### for distance or off - premises contracts for the supply of goods , the trader may make the reimbursement conditional upon the return of the goods .


### the particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract . the fact that the trader is an occasional distance seller or that he uses an organised scheme run by a third party such as an online platform , should not deprive consumers of their protection . similarly , a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract , if the contract has then been concluded through the exclusive use of means of distance communication , such as the internet or telephone . for traders , a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition . ### the particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract . the fact that the trader uses an organised scheme run by a third party such as an online platform , should not deprive consumers of their protection . similarly , a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract , if the contract has then been concluded through the exclusive use of means of distance communication , such as the internet or telephone . for traders , a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . ### in the case of a distance or off - premises contract for the supply of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered . in the case of the supply of goods in several parts or pieces , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece .


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### if the trader has failed to fulfil his obligations to deliver , the consumer may call upon him , on a durable medium , to make the delivery within a period appropriate to the circumstances and notify him of his intention to withdraw from the contract if delivery does not take place . if , upon expiry of that period , no action has been taken , the consumer may withdraw from the sales contract . a consumer who has already paid the price shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the contract . this shall be without prejudice to the rights of the consumer to claim damages .


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### the consumer in the first place should have the option of requiring the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate . whether a remedy is disproportionate should be determined objectively . a remedy should be considered disproportionate if it imposes , in comparison with other remedies , unreasonable costs . in order to determine whether the costs are unreasonable , the costs of one remedy should be significantly higher than the costs of another remedy .


### for the sale of immovable property or relating to other immovable property rights , except for rental and works relating to immovable property ; ### relating to the sale or acquisition of immovable property or to the formulation or transfer of immovable property rights or in connection with the sale of immovable property or with the formulation or transfer of immovable property rights . this shall also include agreements connected with such legal acts , especially contracts for purchases from a property developer or leasing contracts . this shall be without prejudice to the application of this directive to contracts on immovable property rental only or on immovable property works only ;


### the consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in annex i . member states shall not provide for any other formal requirements applicable to this standard withdrawal form . ### before expiry of the withdrawal period , the consumer shall inform the trader of his decision to withdraw on a durable medium . for this purpose , the consumer may either use the model withdrawal form as set out in annex i or make any other clearly worded statement . member states shall not provide for any other formal requirements applicable to this model withdrawal form .


### consumers should be entitled to receive information before the conclusion of the contract . however traders should not have to provide the information when already apparent from the context . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context . ### consumers should be entitled to receive information before the conclusion of the contract in a language they understand . however traders should not have to provide the information when already apparent from the context , but should be required to draw the attention of consumers to such information and answer any queries or provide explanations . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context .


### the definition of durable medium should include in particular documents on paper , usb sticks , cd - roms , dvds , memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored . ### durable media should include in particular paper , usb sticks , cd - roms , dvds , memory cards and the hard disks of computers on which electronic mail or data saved in unmodifiable form are stored . internet websites as such should not be durable media .


### the existence and the conditions of after - sales services and commercial guarantees , where applicable ; ### in addition to a reminder of the existence of a legal guarantee of conformity for goods , the existence and the conditions of after - sales services and commercial guarantees , where applicable ;


### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . ### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within seven days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself .


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 5 , 10 and 11 , the withdrawal period shall expire one year after the trader has fully performed his other contractual obligations .


### where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful , impossible or would cause the trader a disproportionate effort , the consumer may choose to have the price reduced or the contract rescinded . a trader ' s effort is disproportionate if it imposes costs on him which , in comparison with the price reduction or the rescission of the contract , are excessive , taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity . ### either of the remedies provided for in paragraph 2 shall be deemed disproportionate if it would impose costs on the trader which in the light of what would be the value of the goods if there were no lack of conformity , taking into account the significance of the lack of conformity , upon consideration of the question as to whether use could be made of other remedies without significance inconvenience for the consumer , would be unreasonable by comparison with the alternative remedy . repair or replacement shall take place within a reasonable time and without significant inconvenience for the consumer .


### with respect to off - premises contracts , the information provided for in article 9 shall be given in the order form in plain and intelligible language and be legible . the order form shall include the standard withdrawal form set out in annex i . ### in good time and at any event before the conclusion of the off - premises contract , the information referred to in article 5 shall be supplied to the consumer on a durable medium in plain and intelligible language and be legible . the information supplied shall include the standard withdrawal form provided for in annex i . the consumer shall choose the durable medium on which the information is set out and shall at any event have the option of requesting a paper document .


### member states shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer . ### member states shall refrain from imposing any requirements as to the way the contract terms are expressed . this article shall not affect the discretion of the member states to adopt further formal requirements with regard to the validity or effect on third parties of contracts , for example their registration or authentication .


### the definition of durable medium should include in particular documents on paper , usb sticks , cd - roms , dvds , memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored . ### durable media should include in particular paper , usb sticks , cd - roms , dvds , memory cards and the hard disks of computers on which electronic mail or files saved in unmodifiable form are stored . e - mails and internet websites as such should not be durable media .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . ### in the case of a distance or off - premises contract for the supply of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered . where goods are supplied in more than one delivery , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of the first partial shipment .


### the geographical address and the identity of the trader , such as his trading name and , where applicable , the geographical address and the identity of the trader on whose behalf he is acting ; ### the identity of the trader , such as his trading name ;


### the arrangements for payment , delivery , performance and the complaint handling policy , if they depart from the requirements of professional diligence ; ### the arrangements for payment , delivery , performance and the complaint handling policy ;


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to contract terms in contracts between traders and consumers which have not been individually negotiated . a term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term , in particular in the context of a pre - formulated standard contract .


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### where delivery does not take place within seven days of the established delivery date , as indicated in paragraph 1 , the consumer shall be entitled to rescind the contract and claim a refund of any sums paid under the contract . the contract shall be deemed to be terminated on the date the trader receives a letter from the consumer informing him of his decision , if the delivery has not taken place in the meantime . the trader shall be required to reimburse all sums paid under the contract as soon as possible , and no more than seven days after receiving the letter rescinding the contract .


### when the trader has either refused or has more than once failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies . the trader ' s refusal can be either explicit or implicit , meaning in the latter case that the trader does not respond or ignores the consumer ' s request to remedy the lack of conformity . ### the consumer should be entitled to choose freely any of the available remedies if he is not entitled to have the goods repaired or replaced . it should be possible for member states to adopt or maintain provisions of national law on the free choice of remedies in the event of lack of conformity , in order to ensure a higher level of protection for the consumer . however , those measures must be essential for protecting the consumer , proportionate and effective .


### the consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods . he shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with article 9 . for service contracts subject to a right of withdrawal , the consumer shall bear no cost for services performed , in full or in part , during the withdrawal period . ### the consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature , qualities and functioning of the goods . he shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with article 5 .


### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises context , consumers are under psychological pressure no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . ### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises context , consumers are temporarily in a special situation which is different from the situation in a shop , e . g . from a psychological point of view and as regards the scope for comparing goods and prices , no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract .


### contracts concluded at an auction . ### contracts concluded at a public auction .


### ' distance contract ' means any sales or service contract where the trader , for the conclusion of the contract , makes exclusive use of one or more means of distance communication ; ### ' distance contract ' means any contract for the provision of a good or service concluded between a trader and a consumer under an organised distance sales or service - provision scheme where the trader and the consumer are not simultaneously physically present prior to or at the conclusion of the contract , but , rather , make exclusive use of one or more means of distance communication ;


### in case of withdrawal the trader should reimburse all payments received from the consumer , including those covering the expenses born by the trader to deliver goods to the consumer . ### in case of withdrawal the trader should reimburse all payments received from the consumer , including those covering the expenses born by the trader to deliver goods to the consumer , with the exception of payments for express deliveries at the express wish of the consumer .


### certain exemptions should exist from the right of withdrawal , such as in cases where a right of withdrawal would be inappropriate given the nature of the product . that is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market . ### certain exemptions should exist from the right of withdrawal , such as in cases where a right of withdrawal would be inappropriate , given the nature of the product , and exercising a right of withdrawal would unfairly disadvantage the trader or manufacturer . that is applicable in particular to foodstuffs and other hygienically sensitive or perishable goods , for example to electrical appliances for personal care or electrical appliances that come into contact with food .


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if the trader contacts the consumer with a view to concluding a distance contract by telephone , the trader shall disclose at the beginning of the conversation with the consumer his identity and where applicable the identity of the person on whose behalf he makes the call and the commercial purpose of the call .


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### the consumer in the first place should have the option of requiring the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate . whether a remedy is disproportionate should be determined objectively . a remedy should be considered disproportionate if it imposes , in comparison with other remedies , unreasonable costs . in order to determine whether the costs are unreasonable , the costs of one remedy should be significantly higher than the costs of another remedy .


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to all written and oral contracts concluded between a trader or a third party and a consumer , irrespective of whether they have been individually or collectively negotiated .