### member states that have chosen to include managed wetland in the scope of their commitments in accordance with article 2 shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and / or from 2026 to 2030 minus the value obtained by multiplying by five the member state’s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 . ### member states shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and / or from 2026 to 2030 minus the value obtained by multiplying by five the member state ' s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 .


### member states shall demonstrate consistency between the methods and data used to establish the forest reference level in the national forestry accounting plan and those used in the reporting for managed forest land . at the latest at the end of the period from 2021 to 2025 or from 2026 to 2030 , a member state shall submit to the commission a technical correction of its reference level if necessary to ensure consistency . ### member states shall use the most current and quality assured data on land use and forest conditions and demonstrate consistency between the methods and data used to establish the forest reference level in the national forestry accounting report and those used in the reporting for managed forest land . at the latest at the end of the period from 2021 to 2025 or from 2026 to 2030 , a member state shall submit to the commission a technical correction of its reference level if necessary to ensure consistency .


### when the commission chooses to be assisted by an expert review team in accordance with commission decision 3301 ) in the review of national forestry accounting plans , it should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and select a sufficient number of experts from the member states . ### for the review of the national forestry accounting plans , an expert review team should be set up in accordance with commission decision 3301 ) . the expert review team should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and a sufficient number of experts from the member states should be selected .


### the increased sustainable use of harvested wood products can substantially limit emissions into and enhance removals of greenhouse gases from the atmosphere . the accounting rules should ensure that member states accurately reflect in accounts the changes in the harvested wood products pool when they take place , to provide incentives for enhanced use of harvested wood products with long life cycles . the commission should provide guidance on methodological issues related to the accounting for harvested wood products . ### the increased sustainable use of harvested wood products can substantially limit emissions by the substitution effect , and enhance removals of greenhouse gases from the atmosphere . the accounting rules should ensure that member states accurately reflect in accounts the changes in the harvested wood products pool when they take place , and to recognise , welcome and incentivise enhanced use of harvested wood products with long life cycles , thus reducing the use of other , non - biodegradable materials , such as plastic . the commission should provide guidance on methodological issues related to the accounting for harvested wood products .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### the commission shall facilitate an assessment of the national forestry accounting plans and technical corrections submitted , by a member state . this assessment shall be carried out in close consultation with member state experts , the standing forestry committee and the energy union committee . the assessment shall evaluate the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . where the principles and requirements set out in paragraphs and as well as article 5 have not been adhered to , the commission may recalculate the proposed new or corrected forest reference levels .


### member states shall demonstrate consistency between the methods and data used to establish the forest reference level in the national forestry accounting plan and those used in the reporting for managed forest land . at the latest at the end of the period from 2021 to 2025 or from 2026 to 2030 , a member state shall submit to the commission a technical correction of its reference level if necessary to ensure consistency . ### member states shall demonstrate consistency between the methods and data used to establish the forest reference level in the national forestry accounting report and those used in the reporting for managed forest land . at the latest at the end of the period from 2021 to 2025 or from 2026 to 2030 , a member state shall submit to the commission a technical correction of its reference level if necessary to ensure consistency .


### when the commission chooses to be assisted by an expert review team in accordance with commission decision 3301 ) in the review of national forestry accounting plans , it should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and select a sufficient number of experts from the member states . ### the procedure for setting the forest reference level by the member states should be transparent and aligned with the requirements for sustainable forest management of forest europe 1a . the commission should assist the member states by building on the good practice and experience of the expert reviews under the unfccc . in this context , it is appropriate for the commission to provide technical assistance on the verification of compliance with the criteria set out in annex iv , following the consultation of the standing forestry committee established by council decision 89 / 367 / eec1b . __________________ 1a forest europe - ministerial conference on the protection of forests in europe , intergovernmental negotiating committee for a legally binding agreement on forests in europe : http : / / www . foresteurope . org / . 1b council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### where the result of the calculation referred to in paragraph 1 is negative in relation to its forest reference level , a member state shall include in its managed forest land accounts total net removals of no more than the equivalent of 3 , 5 per cent of the member state’s emissions in its base year or period as specified in annex iii , multiplied by five . ### where the result of the calculation referred to in paragraph 1 is negative in relation to its forest reference level , a member state shall include in its managed forest land accounts total net removals of no more than the equivalent of 7 per cent of the member state ' s emissions in its base year or period as specified in annex iii , multiplied by five .


### each member state shall prepare and maintain accounts that accurately reflect the emissions and removals resulting from the land accounting categories referred to in article 2 . member states shall ensure the accuracy , completeness , consistency , comparability and transparency of their accounts and of other data provided under this regulation . member states shall denote emissions by a positive sign and removals by a negative sign . ### each member state shall prepare and maintain accounts that accurately reflect the emissions and removals resulting from the land accounting categories and other categories referred to in article 2 in accordance with the reporting guidance adopted by bodies of the unfccc or of the paris agreement for the period 2021 - 2030 . member states shall ensure the accuracy , completeness , consistency , comparability and transparency of their accounts and of other data provided under this regulation . member states shall denote emissions by a positive sign and removals by a negative sign .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### a review team , consisting of the standing forestry committee , as established by council decision 89 / 367 / eec , and the commission shall facilitate technical assessment of the national forestry accounting report as submitted by a member state and assess the extent to which the proposed new or corrected forest reference levels set by member states have been determined in accordance with the principles and requirements set out in paragraphs and of this article as well as article 5 . the commission shall publish a synthesis report based on its assessments .


### natural disturbances , such as wildfires , insect and disease infestations , extreme weather events and geological disturbances that are beyond the control of , and not materially influenced by , a member state , may result in greenhouse gas emissions of a temporary nature in the lulucf sector , or may cause the reversal of previous removals . as reversal can also be the result of management decisions , such as decisions to harvest or plant trees , this regulation should ensure that human - induced reversals of removals are always accurately reflected in lulucf accounts . moreover , this regulation should provide member states with a limited possibility to exclude emissions resulting from disturbances that are beyond their control from their lulucf accounts . however , the manner in which member states apply those provisions should not lead to undue under - accounting . ### natural disturbances , such as wildfires , insect and disease infestations , extreme weather events and geological disturbances that are beyond the control of , and not materially influenced by , a member state , may result in greenhouse gas emissions of a temporary nature in the lulucf sector , or may cause the reversal of previous removals . as reversal can also be the result of management decisions , such as decisions to harvest or plant trees , this regulation should ensure that human - induced reversals of removals are always accurately reflected in lulucf accounts . member states should be encouraged to invest in preventative actions , such as sustainable management , to reduce the risks associated with natural disturbances . moreover , this regulation should provide member states with a limited possibility to exclude emissions resulting from disturbances that are beyond their control from their lulucf accounts . however , the manner in which member states apply those provisions should not lead to undue under - accounting .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out by the expert review team pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . where new forest reference levels are based on national forestry accounting plans that have been submitted by 31 december 2018 , the commission shall adopt the corresponding delegated acts containing those new forest reference levels by 31 december 2020 . member states whose forest reference levels have been updated by means of delegated acts may use net removals from the accounting category ' managed forest land ' to ensure compliance with their commitments under regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 , within the flexibilities of at least 280 million tonnes . until the entry into force of the delegated acts , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### the lulucf sector can contribute to climate change mitigation in several ways , in particular by reducing emissions , and maintaining and enhancing sinks and carbon stocks . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential . ### the lulucf sector is highly exposed and very vulnerable to climate change . at the same time , the sector has huge potential to provide long - term climate benefits and to contribute significantly to the achievement of union and international long - term climate goals . it can contribute to climate change mitigation in several ways , in particular by reducing emissions , maintaining and enhancing sinks and carbon stocks , and providing bio - materials than can substitute fossil - or carbon - intensive materials . in order for measures aiming in particular at increasing carbon sequestration to be effective , sustainable resource management and the long - term stability and adaptability of carbon pools are essential . long - term strategies are needed to make sustainable investments possible in the long run .


### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and removals and of other information necessary to assess compliance with member states ' commitments , reporting requirements should be included in regulation no . 525 / 2013 by this regulation , and compliance checks under this regulation should take these reports into account . regulation no . 525 / 2013 should therefore be amended accordingly . these provisions may further be streamlined to take into consideration any relevant changes in respect of the integrated governance of the energy union for which a proposal is foreseen by the end of 2016 in the commission’s work programme . ### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and removals and of other information necessary to assess compliance with member states ' commitments , reporting requirements should be included in regulation no . 525 / 2013 by this regulation , and compliance checks under this regulation should take these reports into account . regulation no . 525 / 2013 should therefore be amended accordingly . these provisions may further be streamlined to take into consideration any relevant changes in respect of the proposal for a regulation on the governance of the energy union which the commission submitted on 30 november 2016 .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### an expert review team , set up in accordance with commission decision 3301 and comprising commission and member states representatives , shall review the national forestry accounting plans and technical corrections and assess the extent to which the new or corrected forest reference levels set by the member states have been determined in accordance with the principles and requirements set out in paragraphs and of this article as well as article 5 . the commission may only recalculate the new or corrected forest reference levels where the principles and requirements set out in paragraphs and of this article as well as article 5 have not been complied with .


### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the union ' s commitment to economy - wide emission reductions as confirmed in the intended nationally determined reduction commitment of the union and its member states submitted to the secretariat of the united nations framework convention on climate change on 6 march 2015 . 10 __________________ 10 http : / / www4 . unfccc . int / submissions / indc / submission%20pages / submissions . aspx ### on 5 october 2016 , the council ratified the paris agreement on behalf of the union , following the consent given by the european parliament on 4 october 2016 . the paris agreement entered into force on 4 november 2016 . this regulation forms , in that regard , part of the implementation of the union ' s commitment to economy - wide emission reductions as set out in the intended nationally determined reduction commitment of the union and its member states submitted to the secretariat of the united nations framework convention on climate change on 6 march 2015 . 10 __________________ 10 http : / / www4 . unfccc . int / ndcregistry / pages / party . aspx ? party=euu


### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests . ### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . it also aims to increase the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development , in a manner that does not threaten food production . in order to achieve the purpose of the paris agreement , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests .


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a new forest reference level based on the continuation of current forest management practice and intensity , as documented between 2000 - 2012 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year .


### to facilitate data collection and methodology improvement , land use should be inventoried and reported using geographical tracking of each land area , corresponding to national and eu data collection systems . the best use shall be made of existing union and member state programmes and surveys including the lucas land use cover area frame survey and the european earth observation programme copernicus for data collection . data management , including sharing for the reporting reuse and dissemination should conform to directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community . ### to facilitate data collection and methodology improvement , land use should be expressly inventoried and reported using geographical tracking of each land area , corresponding to national and eu data collection systems . the best use shall be made of existing union and member state programmes and surveys including the lucas land use cover area frame survey , the european earth observation programme copernicus , in particular through sentinel - 2 , for data collection and the european satellite navigation systems galileo and egnos , which can be used in support of land - use surveying . data management , including sharing for the reporting reuse and dissemination should conform to directive 2007 / 2 / ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community .


### by derogation from the requirement to apply the default value established in article 5 , a member state may transition cropland , grassland , wetland , settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 30 years from the date of conversion . ### by derogation from the requirement to apply the default value established in article 5 , a member state may transition cropland , grassland , wetland , settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 50 years from the date of conversion .


### the lulucf sector can contribute to climate change mitigation in several ways , in particular by reducing emissions , and maintaining and enhancing sinks and carbon stocks . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential . ### the lulucf sector itself is highly exposed to the consequences of global climate change . however , this sensitive sector also has the capacity to make an important contribution to the achievement of the eu’s climate and sustainability goals . the lulucf sector can contribute to climate change mitigation in several ways , in particular by reducing emissions , and maintaining and enhancing sinks and carbon stocks . the bio - based economy and the bioenergy sector are essential elements in the eu’s progress towards a greener , low - fossil economy which where possible eliminates fossil co2 emissions and prevents carbon leakage . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential .


### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to exclude the effects of natural and country - specific characteristics . in the absence of the international review under the unfccc and the kyoto protocol , a review procedure should be established to ensure transparency and improve the quality of accounting in this category . ### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices that differ substantially between the member states . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to address the effects of natural and country - specific characteristics , such as the inability to manage forests in croatia due to the occupation of its territory , the croatian war of independence , and wartime and post - war circumstances . the relevant accounting rules should also provide for coherence and requirements for sustainable forest management of forest europe . in the absence of the international review under the unfccc and the kyoto protocol , a transparent procedure should be established for the member states to improve auditability and the quality of accounting in this category .


### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the update of reference levels , the accounting of transactions and the revision of methodology and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the accounting of transactions and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the technical assessment carried out pursuant to paragraph 5to update member state forest reference levels based on the national forestry accounting reports or the technical corrections submitted , and any recalculations made by the member state in the context of the technical assessment . in the event that a member state has not updated its forest reference level , the value as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### by derogation from the requirement to apply the default value established in article 5 , a member state may transition cropland , grassland , wetland , settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 30 years from the date of conversion . ### by derogation from the requirement to apply the default value established in article 5 , a member state may transition cropland , grassland , wetland , settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 30 years from the date of conversion , if duly justified based on the ipcc guidelines .


### by way of derogation from paragraph 1 , member states may allow distribution system operators to own , develop , manage or operate storage facilities only if the following conditions are fulfilled : ### member states may allow distribution system operators to own , develop , manage or operate storage facilities if such facilities are necessary for the distribution system operator to fulfil its obligations under this directive for efficient , reliable and secure operation of the distribution system and the following conditions are fulfilled :


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


### members states shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings . ### members states shall ensure that no undue barriers exist for market entry and market exit of electricity generation and electricity supply undertakings by any producer .


### are entitled to own , establish , or lease community networks and to autonomously manage them ; ### can own , establish , or lease community networks and to autonomously manage them ;


### such facilities are necessary for the distribution system operators to fulfil their obligations under this directive for the efficient , reliable and secure operation of the distribution system ; and ### such facilities are necessary for the distribution system operators to fulfil their obligations under this directive for the efficient , reliable and secure operation of the distribution system ; or


### in order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants , member states may exceptionally allow compensation payments between aggregators and balance responsible parties . such compensation payments must be limited to situations where one market participant induces imbalances to another market participant resulting in a financial cost . ### in order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants , member states may allow compensation payments between aggregators and balance responsible parties . such compensation payments must be limited to situations where one market participant induces imbalances to another market participant resulting in a financial cost .


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


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


### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction . ### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction . it should also ensure that all direct and indirect subsidies for electricity from fossil fuels are phased out by 2023 .


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


### member states shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity . ### member states shall ensure the protection of energy poor or vulnerable customers .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added , contributing to eu policy objectives for the period 2014 - 2020 and the union strategy for smart , sustainable and inclusive growth .


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . ### member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee , in line with the objectives , principles and rules under the legal framework applicable to those funds , and with the partnership agreements and relevant programmes .


### the eib should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance and impact and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of sustainability . ### the eib and the commission should regularly evaluate activities supported by the efsi with a view to assessing their relevance , performance , impact as well as their coordination and consistency with other union policies and instruments , and in particular with the support from the european structural and investment funds , and to identifying aspects that could improve future activities . such evaluations should contribute to accountability and analysis of sustainability .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value , while also contributing to strengthening the union ' s economic , social and territorial cohesion . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . ### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . the commission shall provide , immediately after the entry into force of this regulation , guidelines to coordinate the instruments and facilitate the participation within the framework of investment platforms .


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


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . these investments should have a strong degree of complementarity and coherence with the other policies and instruments of the union .


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


### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential . ### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment , although there is room for flexibility in order to provide incentives for creating an investment inducing environment in all member states . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential .


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural investment funds to contribute to the financing of eligible projects that are supported by the eu guarantee . the flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the efsi . ### at the level of projects , third parties may co - finance together with efsi on a project - by - project basis or in investment platforms related to specific geographic or thematic sectors . the support of the european structural and investment funds to regional , national and sectorial investment platforms should be possible under certain conditions , which should be defined by delegated act of the commission .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance . ### a number of barriers hinder the provision of online services and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often , the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance . ### the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union are reliant on contractual freedom . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . for audiovisual works , the rights are consolidated with the producers by law or by contract which facilitates the complex process of rights clearance that is part of daily functions of broadcasters . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### through the principle of contractual freedom and in order to support existing licensing models , such as exclusive territorial licensing which enables the financing mechanisms which are vital to audiovisual production , optimal distribution and the promotion of cultural diversity it shall be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission , such as geo - blocking and geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council15 and directive 2006 / 115 / ec of the european parliament and of the council . 16 _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 . ### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council15 and directive 2006 / 115 / ec of the european parliament and of the council . 16 the principal objective of these instruments is to establish a high level of protection for rightholders . _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 .


### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at the highest class of energy efficiency laid down in the applicable delegated act . ### where member states provide any incentive for an energy - related product covered by this regulation and specified in a delegated act , that incentive shall aim at the highest classes of energy efficiency , where products are available , laid down in the applicable delegated act .


### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , such as its absolute energy consumption or durability , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers . ### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , which is based on data that are measurable and verifiable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers .


### they shall ensure that products placed on the market are provided , free of charge , with accurate labels and product information sheets in accordance with this regulation and the relevant delegated acts ; ### ensure that products placed on the market are supplied , free of charge , with accurate labels and product information sheets for each unit in accordance with this regulation and the relevant implementing acts adopted under article 12 of this regulation . as an alternative to supplying the product information sheet with the product , implementing acts may provide that entering the parameters of such product information sheets into the product database established under article 8 is sufficient .


### when during the conformity assessment of a product such harmonised standards are applied , the product shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act . ### when during the conformity assessment of a product such harmonised standards are applied , the product shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act . compliance shall be checked by a relevant market surveillance authority .


### product database ### energy labelling database


### in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels and information sheets , suppliers should provide their product compliance information electronically in a database established by the commission . the information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels . market surveillance authorities should have access to the information in the database . ### in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels , information sheets and digital product information , suppliers should provide their product compliance information electronically in a database established by the commission . the information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels . market surveillance authorities should have access to the information in the database .


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


### in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels and information sheets , suppliers should provide their product compliance information electronically in a database established by the commission . the information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels . market surveillance authorities should have access to the information in the database . ### without prejudice to the member states ' market surveillance obligations , in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels and information sheets , suppliers should provide the required product compliance information electronically in a database established and maintained by the commission . the information should be made publicly available , including through the use of apps and other information technology , in order to provide the required information to customers and to allow for alternative ways for dealers to receive labels . market surveillance authorities should have access to the information in the database .


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


### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at the highest class of energy efficiency laid down in the applicable delegated act . ### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at least at the highest occupied classes of energy efficiency laid down in the applicable delegated act .


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . whether a newly rescaled label should have one or two empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised shall be determined for each product category and with regards to innovation potential and current energy efficiency status . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe , taking into consideration the limited resources of small businesses .


### print out the label from the product database established in accordance with article 8 if that function is available for that product ; or ### alternatively , in order to comply with the requirement referred to at , they may print out the label from the product database established in accordance with article 8 if that function is available for that product ; or


### the european union is committed to building an energy union with a forward looking climate policy . energy efficiency is a crucial element of the european union ' s 2030 climate and energy policy framework and is key to moderate energy demand . ### the european union is committed to building an energy union with a forward looking climate policy . energy efficiency is a crucial element of the european union ' s 2030 climate and energy policy framework and is key to moderate energy demand and limit greenhouse gas emissions .


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


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


### member states shall ensure that the introduction of labels including rescaled labels and product information sheets is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers , if appropriate in cooperation with dealers . ### member states shall ensure that the introduction of labels including rescaled labels and product information sheets or digital product information is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers , if appropriate in cooperation with dealers .


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . although for the frequency of such rescaling a timescale of approximately ten years would be desirable , taking into account the need to avoid over burdening manufacturers , any rescaling should only be triggered by a documented overpopulation of the two highest classes . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . before any rescaling , the commission should carry out a thorough preparatory study . a newly rescaled label should have a sufficiently low population of the top two classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe .


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


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ' energy - related product ' means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union ;


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ‘ energy - related product’ means any good with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products covered by this regulation which are placed on the market and put into service as individual parts for end - users and of which the environmental performance can be assessed independently ;


### dealers shall replace the existing labels on products on display including on the internet with the rescaled labels within one week following the date specified for that purpose in the relevant delegated act . dealers shall not display the rescaled labels before that date . ### dealers shall replace the existing labels on products on display including on the internet with the rescaled labels as swiftly as possible , and within three months , following the date specified for that purpose in the relevant delegated act . dealers shall not display the rescaled labels before that date .


### they shall make available to customers the product information sheet . ### they shall make available to customers the product information sheet or digital product information .


### member states shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this regulation and of the relevant delegated acts . ### member states shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this regulation and of the relevant delegated acts . the market surveillance authorities of each member state shall ensure , for example by means of random sampling , that products sold on the union market meet the requirements for the energy class indicated .


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


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### energy - related product ' means any good having an impact on energy consumption during use , which is placed on the market and / or put into service in the union , including parts intended to be incorporated into energy - related products covered by this regulation which are placed on the market and / or put into service as individual parts for customers and of which the environmental performance can be assessed independently ;


### member states shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this regulation and its delegated acts , and shall take all measures necessary to ensure that they are implemented . the penalties must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by the date of application of this regulation and shall notify without delay any subsequent amendment affecting them . ### member states shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this regulation and its delegated acts , and shall take all measures necessary to ensure that they are implemented . the penalties must be effective , proportionate and dissuasive and compensate for the economic advantage of non - compliance . member states shall notify those provisions to the commission by the date of application of this regulation and shall notify without delay any subsequent amendment affecting them .


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


### they shall display in a visible manner the label provided by the supplier or otherwise made available for a product covered by a delegated act ; ### they shall display in a visible manner , directly on the appliance or in its immediate proximity , the label provided by the supplier for a product covered by a delegated act ;


### ' manufacturer ' means any natural or legal person who manufactures an energy - related product or has a product designed or manufactured , and markets that energy - related product under his name or trademark ; ### ' manufacturer ' means any natural or legal person who manufactures an energy - related product or has such a product designed or manufactured , and markets that energy - related product under his name or trademark ;


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ‘ energy - related product’ means any good , system or service with an impact on energy consumption during use , which is placed on the market or put into service in the union , including parts intended to be incorporated into energy - related products which are placed on the market or put into service in the union as individual parts for customers , and the environmental performance of which can be assessed independently ;


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


### ' rescale ' means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product , which , for existing labels may imply the deletion of certain energy classes ; ### ' rescale ' means an exercise to make more stringent the requirements for achieving the energy class on a label for a particular product ;


### the commission shall establish and maintain a product database including the information referred to in annex i . the information listed under point 1 of annex i shall be made publicly available . ### the commission shall establish and maintain an energy labelling database including the information referred to in annex i .


### they shall ensure the accuracy of the labels and product information sheets that they provide and produce technical documentation sufficient to enable the accuracy to be assessed ; ### they shall ensure the accuracy of the labels and product information sheets that they provide and produce technical documentation in one of the official languages of the eu sufficient to enable the accuracy to be assessed by market surveillance authorities ;


### where member states provide any incentives for an energy - related product covered by this regulation and specified in a delegated act , these shall aim at the highest class of energy efficiency laid down in the applicable delegated act . ### where member states provide any incentive for an energy - related product covered by this regulation and specified in a delegated act , that incentive shall aim at the highest classes of energy efficiency , where products are available , laid down in the applicable delegated act .


### the conclusions of the european council of 23 and 24 october 2014 set an indicative target at union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption . this target will be reviewed by 2020 having in mind an union level of 30% . they also set a binding eu target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990 , including a 30% reduction of emissions in non - ets sectors . ### the conclusions of the european council of 23 and 24 october 2014 set an indicative target at union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption . they also set a binding eu target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990 , including a 30% reduction of emissions in non - ets sectors .


### they shall ensure that products placed on the market are provided , free of charge , with accurate labels and product information sheets in accordance with this regulation and the relevant delegated acts ; ### they shall ensure that products placed on the market are supplied , free of charge , with accurate printed labels and make available product information sheets , printed or electronically , for each unit in accordance with this regulation and the relevant delegated acts ; delegated acts may provide that the label is printed on the packaging of the product . for product groups where the product consists of several parts or components and the energy efficiency is function of such components , suppliers shall provide labels , free of charge , to dealers at the moment of display .


### the commission shall , having consulted the consultation forum referred to in article 10 , establish a working plan which shall be made publicly available . the working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts . the working plan shall also set out plans for the revision and rescaling of labels of products or product groups . the working plan may be amended periodically by the commission after consultation with the consultation forum . the working plan may be combined with the working plan required by article 16 of directive 2009 / 125 / ec . ### the commission shall , having consulted the consultation forum referred to in article 10 , establish a working plan which shall be made publicly available . the working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts . the working plan shall also set out plans for the revision and , where relevant , the rescaling of labels of products or product groups . the working plan may be amended by the commission after consultation with the consultation forum . the working plan may be combined with the working plan required by article 16 of directive 2009 / 125 / ec .


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


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ‘ energy - related product’ means any good with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ;


### ' rescale ' means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product , which , for existing labels may imply the deletion of certain energy classes ; ### ' rescale ' means an exercise to make more stringent the requirements for achieving the energy class for a particular product , which , for existing labels may imply the deletion of certain energy classes ;


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use , and supplementary environmental and performance information concerning energy - related products in order to allow customers to choose more efficient and sustainable products .


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


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


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


### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , such as its absolute energy consumption or durability , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers . ### ' supplementary information ' means information on the functional , environmental and resource - efficient performance of an energy - related product , such as its absolute energy consumption , durability , expected lifespan , the extent to which it can be repaired , or its recycled material content , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers ;


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