### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in a number of specific situations , any differences in the treatment of consumers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the consumers ' nationality , place of residence or temporary location cannot be objectively justified . in those situations , all such discrimination should be prohibited and consumers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local consumer and should have full and equal access to any of the different goods or services offered , irrespective of his or her nationality , place of residence or temporary location . where necessary , a trader should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the consumer concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of consumers with targeted offers and differing general conditions of access , including through the setting - up of country - specific online interfaces which may include different prices .


### ' online interface ' means any software , including a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ; ### ' online interface ' means any software , including a website or a part thereof and mobile applications , operated by or on behalf of a trader , which serves to give consumers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ;


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner , certain traders ' practices artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of consumers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . although there may be different underlying reasons behind such practices , in many cases the legal uncertainty involved and the associated risks as regards the applicable consumer protection and environmental or labelling laws contribute to the traders ' unwillingness to engage in commercial relations with consumers from other member states . in other cases some traders are fragmenting the market in order to increase consumer prices . clarifying in which situations there can be no justification for differential treatment of this kind and what the traders ' responsibility would be when selling to consumers from different member states in compliance with this regulation should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , cross - border purchases do not entail a higher risk of payment fraud than national purchases , meaning that the risk of payment fraud should not be used as an argument to refuse or discriminate against any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements or on websites , or may form part of pre - contractual or contractual information . such conditions apply in the absence of individually negotiated terms and conditions between the trader and the consumers . terms and conditions that are individually negotiated between the trader and the consumers should not be considered general conditions of access for the purposes of this regulation . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not result in geo - blocking or other unjustified forms of discrimination addressed by this regulation .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### a trader shall not , for reasons related to the nationality , place of residence or temporary location of a consumer , redirect a consumer to a version of his or her online interface that is different from the online interface which the consumer initially sought to access , by virtue of its layout , use of language or other characteristics that make it specific to a consumer with a particular nationality , place of residence or temporary location , unless the trader has provided the consumer with clear and comprehensive information concerning such redirection .


### member states should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation . ### member states should designate one or more responsible bodies with necessary powers to take effective action to monitor and to ensure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the full potential of the internal market as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit access to their online interfaces , such as websites and apps , by consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . whilst there may sometimes be objective justifications for such differential treatment , in other cases some traders ' practices deny or limit access to goods or services by consumers wishing to engage in cross - border commercial transactions , or apply in this regard different conditions which are not objectively justified .


### where the trader sells goods and those goods are not delivered cross - border to the member state of the customer by the trader or on his or her behalf ; ### buy goods and the trader offers in his or her general conditions of access delivery of those goods to a location in a member state other than the member state of residence of the consumer , including the option to collect the goods at a location to be agreed upon between the consumer and the trader ;


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area where most barriers to trade have been removed and in which the free movement of , inter alia , people , goods and services is ensured , and in order to achieve the objectives set out in the digital market strategy , it is not sufficient to abolish , as between member states , only administrative red - tape . such abolition can be undermined by certain private parties putting in place obstacles that are inconsistent with the principles and freedoms of the internal market . that occurs where traders operating in one member state , in exceptional situations , unjustly block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . this practice undermines the core purpose of the internal market , lowers consumers ' options and the level of competition .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods under exactly the same conditions , including as to price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . the trader may offer delivery in his or her general terms and conditions or may offer therein the possibility to collect the goods at a location to be agreed upon in a member state other than the member state where the consumer has his or her place of residence . that may mean that a foreign consumer will have to pick up the good in that member state , or in a member state different from that to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the consumer .


### where the trader sells goods , provides services , or seeks to do so , in a member state other than the member state in which the customer has the place of residence or the place of establishment ; ### where the trader sells goods , provides services , or seeks to do so , in a member state other than the member state in which the customer has his or her place of residence or place of establishment ;


### where the trader sells goods , provides services , or seeks to do so , in a member state other than the member state in which the customer has the place of residence or the place of establishment ; ### where the trader sells goods or provides services , including non - audio - visual copyright - protected works and services , or seeks to do so , in a member state other than the member state in which the consumer has the place of residence ;


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### the trader provides services , other than those covered by point , and those services are supplied to the consumer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the consumer is a national or in which the consumer has the place of residence .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , where the trader provides services and those services are received by the customer on the premises of or at a location chosen by the trader and not in the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations may concern the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods .


### certain traders operate different versions of their online interfaces , targeting customers from different member states . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . all versions of the online interface should remain easily accessible to the customer at all times . ### certain traders operate different versions of their online interfaces , targeting consumers from different member states . while this should remain possible , redirecting a consumer from one version of the online interface to another version without the trader providing clear and comprehensive information concerning such redirection should be prohibited . all versions of the online interface should remain easily accessible to the consumer at all times .


### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition . ### consumers should be safeguarded from discrimination on grounds related to their nationality , place of residence or temporary location . however , in the case of dual - purpose contracts , where the contract is concluded for purposes partly within and partly outside the person ' s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract , that person should also be considered as a consumer .


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking or limitation of clients ' access to the trader ' s online interface or redirection with respect to certain consumers or to consumers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law , to which the trader ' s activities are subject .


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and no 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , compliance with this regulation does not involve any additional costs for the trader associated with jurisdiction or differences in applicable law . where , by contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested his intention to establish commercial relations with consumers from that member state and has thus been able to take account of any such costs .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### a trader shall not , for reasons related to the nationality , place of residence or temporary location of the consumer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions for a payment transaction , where :


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### a trader shall not apply different general conditions of access to his or her goods or services , for reasons related to the nationality , place of residence or temporary location of the consumer , where the consumer seeks to :


### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . to minimise the risk of payment fraud or of consumers’ not being credit worthy , it should be possible to request payment in advance before the dispatch of the goods or provision of the service . there may be justification for unequal treatment in cases where the trader has no other way of ensuring that the purchaser will meet his or her payment obligation . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong consumer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of those provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as a ground for refusing or discriminating in relation to any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and has not sufficiently reduced legal uncertainty . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or temporary location can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### the payee can request strong customer authentication by the payer pursuant to the directive 2015 / 2366 ; and ### strong customer authentication pursuant to directive 2015 / 2366 is applied ; and


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by preventing geo - blocking based , directly or indirectly , on the country of origin or place of residence of consumers . this regulation defines situations in which differences in conditions of access cannot be justified by objective criteria under the provisions of article 20 of directive 2006 / 123 / ec . insofar as the provisions of this regulation conflict with the provisions of article 20 of directive 2006 / 123 / ec , the provisions of this regulation shall prevail . article 20 of directive 2006 / 123 / ec continues to fully apply to situations that are not covered by this regulation and that fall within the scope of directive 2006 / 123 / ec .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or temporary location of consumers , it is appropriate to adopt a regulation which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entry into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable consumers to fully benefit from those rules .


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### the trader shall not apply different general conditions of access to its goods or services , for reasons related to the nationality or place of residence of the consumer , in the following situations :


### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . __________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . ### discrimination also occurs in relation to services outside the scope of this regulation , including in the field of audio - visual , financial , electronic communications , transport or healthcare services . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . concerning electronic communications , the commission has presented a proposal for a european electronic communications code which upholds the principle of non - discrimination17a . when it comes to transport , regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discrimination covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in the near future . for healthcare services , directive 2011 / 24 / eu of the european parliament and of the council21a already states that patients from other member states cannot be discriminated against with regard to nationality . therefore , and in order to ensure consistency with the acquis , services in the field of , inter alia , audio - visual , financial , electronic communications , transport or healthcare services should , at this stage , remain outside the scope of this regulation . __________________ 17a proposal for a directive of the european parliament and of the council establishing the european electronic communications code - com590 . 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . 21a directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients ' rights in cross - border healthcare .


### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax ### traders falling under the special scheme provided for in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition against applying different general conditions of access for reasons related to the nationality , place of residence or temporary location of the consumer would involve a requirement to register in order to account for vat of other member states and might entail additional costs , which would impose a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax .


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of consumers to an online interface or redirects consumers to a different version of the online interface in compliance with paragraph 3 , the trader shall provide a clear justification and explanation to the consumer . that justification shall be given in the language of the online interface that the consumer originally sought to access .


### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ### proposal for a regulation of the european parliament and of the council on addressing unjustified geo - blocking and other forms of discrimination based on consumers ' nationality , place of residence or temporary location within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec


### those payments are made through electronic transactions by credit transfer , direct debit or a card - based payment instrument within the same payment brand ; ### that payment transaction is made through an electronic transaction by credit transfer , direct debit or a card - based payment instrument within the same payment brand ;


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### a trader and an online marketplace shall not , through the use of technological measures or otherwise , block or limit consumers ' access to his or her online interface for reasons related to the nationality , place of residence or temporary location of the consumer .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the scope of this regulation to other sectors such as audio - visual , financial or electronic communication services , transport services or healthcare services . in particular , the evaluation of the extension to audio - visual services should be based on detailed price and cost data which only service providers possess . therefore , those providers should cooperate in the evaluation in order to assess whether the inclusion of those services within the scope of this regulation would lead to the evolution of business models which are more efficient than those currently used .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate between consumers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those payment transactions , for reasons related to the nationality , place of residence or temporary location of the consumer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should likewise be expressly prohibited . it should be further recalled that regulation no 260 / 2012 of the european parliament and of the council1a already prohibits all traders from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . __________________ 1a regulation no 260 / 2012 of the european parliament and of the council of 14 march 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending regulation no 924 / 2009 .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods under exactly the same conditions , including as to price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . the trader may offer delivery in his or her general terms and conditions or may offer therein the possibility to collect the goods at a location to be agreed upon in a member state other than the member state where the consumer has his or her place of residence . that may mean that a foreign consumer will have to pick up the good in that member state , or in a member state different from that to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the consumer .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality or place of residence . access to online interfaces in the form of a mobile application should not be blocked in any possible way to consumers if they prefer to access their chosen online interface through such means and a trader offers such an option in a member state . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with consumers .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s country of origin or place or residence could be justified only if it is necessary to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law with which the trader must comply when carrying on commercial activities in the member state concerned . such laws might limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in a certain member state . traders should not be prevented from complying with such requirements and thus should be able to block or limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that may be necessary for that reason . in this regard , a consumer should be notified on an online interface about the purpose of blocking , limiting or redirection to an alternative version of an online interface .


### member states shall lay down the rules on the penalties applicable for infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on the measures applicable for infringements of the provisions of this regulation and shall ensure that they are implemented . the measures provided for shall be effective , proportionate and dissuasive .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality or place or residence might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit consumer ' s access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that is necessary for that reason .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### a trader shall not , for reasons related to the nationality , place of residence or temporary location of the consumer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions for a payment transaction , where :


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements or on websites , or may form part of pre - contractual or contractual information . such conditions apply in the absence of individually negotiated terms and conditions between the trader and the consumers . terms and conditions that are individually negotiated between the trader and the consumers should not be considered general conditions of access for the purposes of this regulation . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not result in geo - blocking or other unjustified forms of discrimination addressed by this regulation .


### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on nationality , place of residence or place of establishment of customers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on the nationality , place of residence or temporary location of consumers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to sales of goods and the provision of services within the internal market and to increase transparency , including with respect to prices , traders and online marketplaces should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality , place of residence or temporary location . full and equal access to online interfaces in the form of a mobile application includes the possibility for the consumer to download and access any version of the mobile application a trader may operate in one or more member states . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that location by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with a consumer .


### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on nationality , place of residence or place of establishment of customers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on country of origin or place of residence of consumers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition . ### consumers should be safeguarded from discrimination on grounds related to their nationality , place of residence or temporary location . however , in the case of dual - purpose contracts , where the contract is concluded for purposes partly within and partly outside the person ' s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract , that person should also be considered as a consumer .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner , certain traders ' practices artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of consumers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . although there may be different underlying reasons behind such practices , in many cases the legal uncertainty involved and the associated risks as regards the applicable consumer protection and environmental or labelling laws contribute to the traders ' unwillingness to engage in commercial relations with consumers from other member states . in other cases some traders are fragmenting the market in order to increase consumer prices . clarifying in which situations there can be no justification for differential treatment of this kind and what the traders ' responsibility would be when selling to consumers from different member states in compliance with this regulation should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### member states should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this regulation . member states should also ensure that effective , proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this regulation . ### member states should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provisions of this regulation . member states should also ensure that effective , proportionate and dissuasive measures can be taken against traders in the event of any breach of this regulation .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### traders shall not , for reasons related to the place of origin or place of residence of the consumer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where :


### ' online interface ' means any software , including a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ; ### ' online interface ' means any software , including a website or a part thereof and mobile applications , operated by or on behalf of a trader , which serves to give consumers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ;


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the full potential of the internal market as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit access to their online interfaces , such as websites and apps , by consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . whilst there may sometimes be objective justifications for such differential treatment , in other cases some traders ' practices deny or limit access to goods or services by consumers wishing to engage in cross - border commercial transactions , or apply in this regard different conditions which are not objectively justified .


### the prohibition set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument . ### the prohibition set out in paragraph 1 shall not preclude a trader from charging for the use of a card - based payment instrument for which interchange fees are not regulated under chapter ii of regulation 2015 / 751 or for payment services to which regulation no 260 / 2012 does not apply , unless the member state in which the trader is established has prohibited or limited such charges pursuant to article 62 of directive 2015 / 2366 . those charges shall not exceed the direct costs borne by the trader for the use of the payment instrument .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the consumer in premises or at a location not situated in the member state in which the consumer has his or her place of residence , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sports events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state or arrange for cross - border delivery of goods .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty . moreover , geo - blocking and other forms of discrimination based on nationality or place of residence can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and no 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , compliance with this regulation does not involve any additional costs for the trader associated with jurisdiction or differences in applicable law . where , by contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested his intention to establish commercial relations with consumers from that member state and has thus been able to take account of any such costs .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking or limiting of access , or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality , place of residence or temporary location might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law . such laws can limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and should thus be able to block or limit access by , or redirect , certain consumers , in so far as may be necessary for that reason .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may exceptionally be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on consumers ' nationality , place of residence or temporary location , including geo - blocking , in cross - border commercial transactions between a trader and a consumer relating to sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' nationality , place of residence or temporary location . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice of language made or the member state in which the consumer ' s payment instrument has been issued .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the country of origin or place of residence of consumers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable consumers to fully benefit from those rules .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### it is imperative to establish an area without internal frontiers in which the free movement of inter alia goods and services is ensured , as well as&#160 ; to achieve the objectives set in the new digital market strategy . remaining unjustified barriers should be removed in order to ensure a fully functioning single market for goods and services , notably in the cultural sector , which is of crucial importance in order to promote cultural diversity , disseminate culture and engender a common cultural heritage across the union . it is not sufficient to abolish only state barriers since this can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . such barriers occur where traders operating in one member state block or limit the access to their online interfaces , such as websites and applications , of customers from other member states wishing to engage in cross - border commercial transactions . they also occur through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment as provided for in directive 2006 / 123 / ec , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law prevents the trader from selling the goods or providing the services to certain customers or to customers in certain territories ### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law by preventing the trader from selling the goods or providing the services to certain consumers or to consumers in certain territories .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s country of origin or place or residence could be justified only if it is necessary to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law with which the trader must comply when carrying on commercial activities in the member state concerned . such laws might limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in a certain member state . traders should not be prevented from complying with such requirements and thus should be able to block or limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that may be necessary for that reason . in this regard , a consumer should be notified on an online interface about the purpose of blocking , limiting or redirection to an alternative version of an online interface .


### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain customers or to customers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when they are not caught by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices . ### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain consumers or to consumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . the relevant provisions of such agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically null and void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims to prevent discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice of language made or the member state where the customer ' s payment instrument has been issued .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area where most barriers to trade have been removed and in which the free movement of , inter alia , people , goods and services is ensured , and in order to achieve the objectives set out in the digital market strategy , it is not sufficient to abolish , as between member states , only administrative red - tape . such abolition can be undermined by certain private parties putting in place obstacles that are inconsistent with the principles and freedoms of the internal market . that occurs where traders operating in one member state , in exceptional situations , unjustly block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . this practice undermines the core purpose of the internal market , lowers consumers ' options and the level of competition .