### absent any other specific transitional rules regulating the matter , it is appropriate to provide for the application of this regulation to all decisions on the initiation of proceedings , and to all proceedings , including original investigations and review investigations , initiated , on or after the date on which this regulation enters into force , subject to article 11 of regulation 2016 / 1036 . furthermore , by way of specific transitional rule , and having regard to the absence of any other specific transitional rule regulating the matter , it is appropriate to provide that , in the case of a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time provided for in the first sub - paragraph of article 11 of regulation 2016 / 1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated . with a view to reducing the risk of circumvention of the provisions of this regulation , the same approach should apply with respect to reviews conducted pursuant to article 11 of regulation 2016 / 1036 . it is also appropriate to recall that a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 would not in itself constitute sufficient evidence within the meaning of article 11 of regulation 2016 / 1036 . such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty , should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules , and should facilitate the efficient , orderly and equitable administration of regulation 2016 / 1036 . ### absent any other specific transitional rules regulating the matter , it is appropriate to provide for the application of this regulation to all decisions on the initiation of proceedings , and to all proceedings , including original investigations and review investigations , initiated , on or after the date on which this regulation enters into force , subject to article 11 of regulation 2016 / 1036 . furthermore , by way of specific transitional rule , and having regard to the absence of any other specific transitional rule regulating the matter , it is appropriate to provide that , in the case of a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time provided for in the first sub - paragraph of article 11 of regulation 2016 / 1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated . with a view to reducing the risk of circumvention of the provisions of this regulation , the same approach should apply with respect to reviews conducted pursuant to article 11 of regulation 2016 / 1036 . it is also appropriate to recall that a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 would not in itself constitute sufficient evidence within the meaning of article 11 of regulation 2016 / 1036 . such transitional rules , enabling the continued application of measures to defend against subsidised imports , should complete a lacuna that would otherwise risk to generate legal uncertainty , should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules , and should facilitate the efficient , orderly and equitable administration of regulation 2016 / 1036 .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in a member state , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy , the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in the union , and with sufficient level of international social and environmental standards , provided the relevant data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . where an exporter can clearly demonstrate that its prices or costs of all factors of production are not affected by significant distortions , those prices or costs shall be used in the construction of its normal value .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sector therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks for every factor of production , or corresponding costs of production and sale in an appropriate representative country including those in the union . the constructed normal value shall include an undistorted and reasonable amount for administrative , selling and general costs and for profits . the existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or union prices , costs and benchmarks for each factor of production in the construction of the normal value . if exporting producers from a country or a sector in which there exists one or more significant distortions clearly demonstrate that their industry as a whole is not directly or indirectly affected by any significant distortion , their costs shall be used in the construction of the normal value .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions , in the economy as a whole or in a sector or sectors therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country . the constructed normal value shall include an undistorted and reasonable amount for administrative , selling and general costs and for profits .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . particular attention must be given to smes in eu industry . the determinations made shall take into account all of the relevant evidence on the file . the european parliament shall monitor the report drafting process . on the request of the european parliament or in the case of a change of circumstances in a specific country or sector , the commission shall draft the report , or if one already exists , update the report . in any event , the european commission shall carry out a review of the report every two years .


### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of point and shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . ### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of point and shall be given 10 days to comment . for this purpose , interested parties shall be given validation to access the file after they have registered on a register maintained by the commission , including any evidence on which the investigating authority relies , without prejudice to article 19 .


### ‘ 6 . it must be demonstrated , from all the relevant evidence presented in relation to paragraph 2 , that the dumped imports are causing injury within the meaning of this regulation . specifically , that shall entail demonstrating that the volume and / or price levels identified pursuant to paragraph 3 are responsible for an impact on the union industry as provided for in paragraph 5 , and that that impact exists to a degree which enables it to be classified as material . ’ ### the following is added to article 3 : ' 6 . it must be demonstrated , from all the relevant evidence and the best information available presented in relation to paragraph 2 , that the dumped imports are causing injury within the meaning of this regulation . specifically , that shall entail demonstrating that the volume and / or price levels identified pursuant to paragraph 3 are responsible for an impact on the union industry as provided for in paragraph 5 , and that that impact exists to a degree which enables it to be classified as material . ’


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time shall be deemed to elapse on the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraphs to of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of this regulation , is initiated .


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time shall be deemed to elapse on the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraph 6a of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of regulation . . . , is terminated .


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , any review pursuant to this paragraph shall be deferred to the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraphs to of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of this regulation is initiated .


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , any review pursuant to this paragraph shall be deferred to the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraph 6a of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of regulation . . . , is terminated .


### ‘ 1 . the commission shall , where it considers it appropriate , carry out visits to examine the records of importers , exporters , traders , agents , producers , trade associations and organisations and to verify information provided on dumping and injury . in the absence of a proper and timely reply the commission may choose not to carry out a verification visit . ’ ### the following is added to article 16 : ' 1 . the commission shall , where it considers it appropriate , send experienced agents to carry out visits to examine the records of importers , exporters , traders , agents , producers , trade associations and organisations and to verify information provided on dumping and injury . in the absence of a proper and timely reply the commission may choose not to carry out a verification visit . ’


### ‘ 1 . in cases in which any interested party refuses access to , or otherwise does not provide , necessary information within the time limits provided for in this regulation , or significantly impedes the investigation , provisional or final findings , affirmative or negative , may be made on the basis of the facts available . ### the following is added to article 18 , paragraph one , first part : ' 1 . in cases in which any interested party refuses access to , or otherwise does not provide , necessary information within the time limits provided for in this regulation , or significantly impedes the investigation , provisional or final findings must be made on the basis of the best facts available .


### ‘ interested parties shall be made aware of the consequences of non - cooperation . ’ ### the following is added to article 18 , paragraph one , final part : ‘ interested parties shall be made aware of the consequences of non - cooperation and shall be listed in a register whose use will enable the commission and the partner countries to focus more attention on the activities of those parties . ’


### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . ### the tariffs applicable to senders of low volume cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of online purchases .


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas and for smes and micro - enterprises , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal and parcel items are covered by those definitions . this concerns in particular items delivered or not by the universal service provider , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise with or without commercial value . this regulation should therefore cover , in line with consistent practice , parcels , delivered or not by the universal service provider , weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with the current practice , each step of the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers , as well as consolidators . providers of parcel delivery services using alternative business models and e - commerce platforms should also be subject to this regulation , if they provide at least one of these steps in the postal delivery chain . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed this activity is part of the postal sector .


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working on average for the service provider and involved in the provision of parcel delivery services in the member state in which the provider is established , unless that provider is established in more than one member state .


### significant differences between domestic and cross - border tariffs for parcel delivery services should be justified by objective criteria , such as additional costs for transport and a reasonable profit margin . universal service providers providing parcel delivery services should be required to provide such justification without delay . ### significant differences between domestic and cross - border tariffs for parcel delivery services should be justified by objective criteria , such as , for example , additional costs for transport and a reasonable profit margin . universal service providers providing cross - border parcel delivery services should be required to provide such justification without delay .


### in order to ensure transparency across the union , the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other member states and to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions . ### in order to ensure transparency across the union , the analysis of a national regulatory authority should be submitted to the commission and , upon justified request , to the national regulatory authorities of affected member states . confidentiality should be ensured by the national regulatory authorities and the commission . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions , providing that confidentiality is ensured .


### in order to ensure transparency across the union , the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other member states and to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions . ### in order to ensure transparency across the union , the analysis of a national regulatory authority should be submitted to the commission , which will make the information available to the other national regulatory authorities . confidentiality is to be ensured by the commission . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions .


### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### parcel delivery service providers may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by parcel delivery service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from third - party parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . whenever the parcel delivery service provider concludes multilateral agreements on terminal rates , equal and non - discriminatory third party access to certain cross - border parcel delivery services provided under such multilateral agreements should encourage competition , be cost - oriented , benefit consumers and result in a more efficient use of existing networks , particularly in rural and remote areas .


### all parcel delivery service providers shall submit the following information to the national regulatory authority of the member state in which they are established : ### all parcel delivery service providers , including those parcel delivery services using alternative business models and e - commerce platforms , shall submit the following standardized information to the national regulatory authority of the member state in which they are established unless the national regulatory authority has already requested and received such information :


### by 31 march of each calendar year , all parcel delivery service providers shall submit the following information to the national regulatory authority of the member state in which they are established : ### by 31 march of each calendar year , all parcel delivery service providers including those parcel delivery services using alternative business models and e - commerce platforms shall submit the following information to the national regulatory authority of the member state in which they are established , unless the national regulatory authority has already requested and received such information : :


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to parcel delivery service providers and their subsidiaries , with less than 5% of the national market share , which employed on average fewer than 25 persons over the course of the previous calendar year . the number of persons shall be calculated on the basis of the average annual number of full - time , part - time , temporary employees and self - employed , as well as persons working for sub - contracting companies in parcel delivery services . a breakdown of the calculations shall be made available upon request .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### where fewer than 50 persons work for a parcel delivery service provider , irrespective of their contractual basis , and are involved in the provision of parcel delivery services in the member state in which that provider is established , that provider shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state .


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all parcel delivery services providers and their subsidiaries shall provide the national regulatory authority of the member state in where they are established with the public list of tariffs applicable in the previous calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest .


### whenever universal service providers providing parcel delivery services conclude multilateral agreements on terminal rates they shall meet all reasonable requests for access to all network elements and associated facilities as well as relevant services and information systems , necessary for the provision of cross - border parcel delivery services . ### whenever parcel service providers with more than 5% of the national market share or established in more than one member state conclude multilateral agreements on terminal rates they shall meet all reasonable requests that are made by small and medium sized enterprises , defined in accordance with commission recommendation 2003 / 361 / ec and that concern access to all network elements and associated facilities as well as relevant services and information systems , necessary for the provision of cross - border parcel delivery services . any refusal of access shall be justified in a clear and objective way , and notified to national regulatory authorities .


### universal service providers referred to in paragraph 1 shall publish a reference offer . the reference offer shall contain all the relevant associated terms and conditions , including prices . ### parcel delivery service providers referred to in paragraph 1 shall publish a reference offer following a request by the sme seeking access . the reference offer shall contain all the relevant sales associated terms and conditions , including prices .


### before the reference offer is published , it shall be approved by the national regulatory authority . the national regulatory authority may , where necessary , impose changes to the reference offer to give effect to obligations set out in this regulation . ### before the reference offer is published , it shall be communicated to the national regulatory authority .


### universal service providers referred to in paragraph 1 shall upon request , and based on a reference offer , make an individual offer available to a parcel delivery service provider requesting access within the meaning of that paragraph at the latest one month after the receipt of the request . universal service providers receiving an access request and providers requesting access shall negotiate in good faith . ### parcel delivery service providers referred to in paragraph 1 shall upon request , and based on a reference offer , make an individual offer available to the smes seeking access within the meaning of that paragraph at the latest one month after the receipt of the request . parcel delivery service providers receiving an access request and providers requesting access shall negotiate in good faith .


### when no agreement is reached on the basis of the individual offer referred to in paragraph 6 , the parcel delivery service provider requesting access may submit the individual offer made by the universal service provider to the national regulatory authority . if necessary , the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this article . ### when no agreement is reached on the basis of the individual offer referred to in paragraph 6 , the sme seeking access may submit the individual offer made by the parcel delivery service provider to the national regulatory authority . if necessary , the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this article .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks , adjusted to the consumers it is dedicated for , to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used and the legitimately expected technical standards which digital content of the same description would normally have .


### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . as recognised by the digital single market strategy a high level of network and information security is essential across the european union to ensure respect of fundamental rights such as the right to privacy and personal data , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed , to the extent that is proportionate to the role and function those technologies play . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains . ### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . as recognised by the digital single market strategy a high level of network and information security is essential across the european union to ensure respect of fundamental rights such as the right to privacy and the right to the protection of personal data online and offline , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed , to the extent that is proportionate to the role and function those technologies play . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains .


### upon termination the supplier should also refrain from using the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it . ### upon termination the supplier should also refrain from using the content produced by the consumer . however , in those cases where more than one consumer produced particular content , the supplier is entitled to continue to use the content produced by the consumer where those other consumers make use of it .


### the principle of the supplier ' s liability for damages is an essential element of the contracts for supply of digital content . in order to increase consumers ' trust in digital content this principle should thus be regulated at union level to ensure that consumers do not suffer a detriment if their hardware or software is damaged by digital content which is not in conformity with the contract . therefore , consumers should be entitled to a compensation for damages caused to the consumer ' s digital environment by a lack of conformity with the contract or a failure to supply the digital content . however , it should be for member states to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content , especially when offered by suppliers as an exclusive compensation for losses , do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . ### the principle of the supplier ' s liability for damages is an essential element of the contracts for supply of digital content . consumers should not suffer a detriment if their hardware or software is damaged by digital content which is not in conformity with the contract . therefore , consumers should be entitled to a compensation for damages by a lack of conformity with the contract or a failure to supply the digital content . however , it should be for member states to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content , especially when offered by suppliers as an exclusive compensation for losses , do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract .


### the supplier shall supply the digital content immediately after the conclusion of the contract , unless the parties have agreed otherwise . the supply shall be deemed to take place when the digital content is supplied to the consumer or , where point of paragraph 1 applies , to the third party chosen by the consumer , whichever is the earlier . ### the supplier shall supply the digital content without undue delay after the conclusion of the contract , unless the parties have agreed otherwise . the supply shall be deemed to take place when the digital content is supplied to the consumer or , where point of paragraph 1 applies , to the third party chosen by the consumer , whichever is the earlier .


### to the extent that the contract does not stipulate , where relevant , in a clear and comprehensive manner , the requirements for the digital content under paragraph 1 , the digital content shall be fit for the purposes for which digital content of the same description would normally be used including its functionality , interoperability and other performance features such as accessibility , continuity and security , taking into account : ### to the extent that the contract does not stipulate , where relevant , in a clear and comprehensive manner , the requirements for the digital content under paragraph 1 , the digital content shall be fit for the purposes for which digital content of the same description would normally be used and in line with the legitimately expected technical standards , including its functionality , interoperability and other performance features such as accessibility , continuity and security , taking into account :


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### in respect of personal data and data other than personal data of the consumer , the supplier shall comply with the obligations applicable under regulation 2016 / 679 ;


### the supplier shall take all measures which could be expected in order to refrain from the use of other counter - performance than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer ; ### in respect of personal data and data other than personal data , the supplier shall comply with the obligations applicable under regulation 2016 / 678 ;


### the commission shall , not later than on [ the date of five years after entry into force ] review the application of this directive and submit a report to the european parliament and the council . the report shall examine , inter alia , the case for harmonisation of rules applicable to contracts for the supply of digital content against counter - performance other than that covered by this directive , in particular supplied against advertisement or indirect collection of data . ### the commission shall , not later than on [ the date of three years after entry into force ] review the application of this directive and submit a report to the european parliament and the council . the report shall examine , inter alia , the case for harmonisation of rules applicable to contracts for the supply of digital content against counter - performance other than money that covered by this directive , in particular supplied against advertisement or indirect collection of data .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society and the public interest . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . in keeping with all these statements , whistleblower protection must ensure the reputation of companies is upheld , particularly if the subject of the report has not yet been proven .


### certain union acts , in particular in the area of financial services , such as regulation no 596 / 2014 on market abuse49 and commission implementing directive 2015 / 2392 , adopted on the basis of that regulation50 , already contain detailed rules on whistleblower protection . such existing union legislation , including the list in part ii of the annex , should be complemented by the present directive , so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for , tailored to the relevant sectors . this is of particular importance for ascertaining which legal entities in the area of financial services and the prevention of money laundering and terrorist financing are currently obliged to establish internal reporting channels . _________________ 49 oj l 173 , p . 1 50commission implementing directive 2015 / 2392 of 17 december 2015 on regulation no 596 / 2014 of the european parliament and of the council as regards reporting to competent authorities of actual or potential infringements of that regulation . ### certain union acts , in particular in the area of financial services , such as regulation no 596 / 2014 on market abuse49 and commission implementing directive 2015 / 2392 , adopted on the basis of that regulation50 , already contain detailed rules on whistleblower protection . such existing union legislation , including the list in part ii of the annex , should be complemented by the present directive , so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for , tailored to the relevant sectors . this is of particular importance for ascertaining which legal entities in the area of financial services and the fight against money laundering and terrorist financing are currently obliged to establish internal reporting channels . _________________ 49 oj l 173 , p . 1 50commission implementing directive 2015 / 2392 of 17 december 2015 on regulation no 596 / 2014 of the european parliament and of the council as regards reporting to competent authorities of actual or potential infringements of that regulation .


### financial services , prevention of money laundering and terrorist financing ; ### financial services , the fight against money laundering and terrorist financing ;


### barticle 1 – financial services , prevention of money laundering and terrorist financing ; ### barticle 1 – financial services , the fight against money - laundering and terrorist financing :


### aarticle 1 – financial services , prevention of money laundering and terrorist financing : ### aarticle 1 – financial services , the fight against money laundering and terrorist financing :


### prevention of money laundering and terrorist financing : ### the fight against money laundering and terrorist financing :


### establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person ; ### establish independent and autonomous external reporting channels , which are secure , ensure confidentiality and guarantee that the identity of the reporting person will not be disclosed , for receiving and handling information provided by the reporting person ;


### they are designed , set up and operated in a manner that ensures the completeness , integrity and confidentiality of the information and prevents access to non - authorised staff members of the competent authority ; ### they are designed , set up and operated in a manner that ensures the completeness , integrity and confidentiality of the information , offers an appropriate level of cybersecurity and prevents access to non - authorised staff members of the competent authority ;


### persons reporting externally to competent authorities or making a public disclosure in accordance with this directive shall not be considered to have breached any restriction on disclosure of information imposed by contract or by any legislative , regulatory or administrative provision , and incur liability of any kind in respect of such disclosure . ### persons reporting information concerning breaches of union law detrimental to the public interest externally to competent authorities or making a public disclosure in accordance with this directive shall not be considered to have breached any restriction on disclosure of information imposed by contract or by any legislative , regulatory or administrative provision , and incur liability of any kind in respect of such disclosure .


### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects . ### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth , through the european semester for economic policy coordination . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects .


### on 15 july 2014 , the then president - elect of the european commission presented a set of political guidelines for the european commission to the european parliament . these political guidelines called for the mobilisation of ‘ up to eur 300 billion in additional public and private investment in the real economy over the next three years’ to stimulate investment for the purpose of job creation . ### on 15 july 2014 , the then president - elect of the european commission presented a set of political guidelines for the european commission to the european parliament . these political guidelines called for an energy union , a connected digital single market , and the mobilisation of ‘ up to eur 300 billion in additional public and private investment in the real economy over the next three years’ to stimulate investment for the purpose of job creation .


### the investment environment within the union should be improved by removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work . ### the investment environment within the union should be improved by removing barriers to investment , reinforcing the single market , in particular in energy , digital , and capital markets , by enhancing regulatory predictability and promoting a mentality shift towards a risk - taking culture . the work of the efsi , and investments across europe generally , should benefit from this accompanying work .


### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should be consistent with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds . ### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should comply with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds .


### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments . ### the commission shall be empowered to adopt delegated acts in accordance with article 20a concerning an agreement with the european investment bank on the establishment of a european fund for strategic investments .


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


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project structuring and project financing . the investment committee shall have expertise in different sectors , with a particular focus on research and development , energy , ict and transport . it shall be appointed by the steering board for a renewable fixed term of three years .


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the investment operations concerned shall be complementary to existing eu programmes , bring eu added value , be consistent with union policies and support any of the following general objectives :


### the eib shall notify olaf promptly and provide it with the necessary information when , at any stage of the preparation , implementation or closure of operations subject to the eu guarantee , it has grounds to suspect that there is a potential case of fraud , corruption , money laundering or other illegal activity that may affect the financial interests of the union . ### the eib shall notify olaf promptly and provide it with the necessary information when , at any stage of the preparation , implementation or closure of operations subject to the eu guarantee , it has grounds to suspect that there is a potential case of conflict of interests , fraud , corruption , money laundering or other illegal activity that may affect the financial interests of the union .


### target socio - economic sectors , in particular infrastructure including sustainable energy , water , transport , information and communications technologies , environment , sustainable use of natural resources and blue growth , social infrastructure , human capital , in order to improve the socio - economic environment ; ### target socio - economic sectors , in particular infrastructure including sustainable energy , water , transport , information and communications technologies , environment , sustainable use of natural resources and blue growth , social infrastructure , human capital , in order to improve the socio - economic environment , while also taking account of the priorities of the beneficiaries of the guarantee ;


### provide finance in favour of micro - , small - and medium - sized enterprises with a particular focus on private sector development ; ### provide finance in favour of micro - , small - and medium - sized enterprises with a particular focus on developing a stable private sector that is viable over time ;


### are economically and financially viable , taking also into account the possible support from , and co - financing by , private and public partners to the project ; ### are demonstrated to be economically and financially viable , taking also into account the possible support from , and co - financing by , private and public partners to the project ;


### in their financing and investment operations , the eligible counterparts shall not support any activities carried out for illegal purposes , including money laundering , terrorist financing , organised crime , tax fraud and tax evasion , corruption , and fraud affecting the financial interests of the union . the eligible counterparts shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in accordance with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic co - operation and development or the financial action task force . ### in their financing and investment operations , the eligible counterparts shall not support any activities carried out for illegal purposes , including money laundering , terrorist financing , organised crime , tax fraud and tax evasion , corruption , fraud or other activities affecting the financial interests of the union . the eligible counterparts shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in accordance with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic co - operation and development or the financial action task force .


### the results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions , as well as uneven scrutiny of such measures at all levels of regulation . to avoid fragmentation of the internal market and eliminate barriers to taking - up and pursuit of certain employed or self - employed activities , it is therefore necessary to establish a common approach at union level , preventing disproportionate measures from being adopted . ### the results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by member states when assessing the proportionality of requirements restricting access to or pursuit of regulated professions , as well as uneven scrutiny of such measures at all levels of regulation . to avoid fragmentation of the internal market and eliminate barriers to taking - up and pursuit of certain employed or self - employed activities , it is therefore necessary to establish a common approach at union level , preventing disproportionate measures from being adopted .


### member states should be able to rely on a common regulatory framework based on clearly defined legal concepts concerning the different ways to regulate a profession across the union . there are several ways to regulate a profession , for instance by reserving access to or the pursuit of a particular activity to holders of a professional qualification . national provisions may also regulate one of the modes of pursuit of a profession in laying down conditions for the use of professional titles . ### member states should be able to rely on a common regulatory framework based on clearly defined legal concepts concerning the different ways to regulate a profession across the union . there are several ways to regulate a profession , for instance by reserving access to or the pursuit of a particular activity to holders of a professional qualification . member states should also be able to adopt national requirements that regulate one of the modes of pursuit of a profession by laying down conditions for the use of professional titles or by imposing qualification requirements only on self - employed , on salaried professionals , on managers or legal representatives of undertakings , especially where the activity is pursued by professional companies . .


### it is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned . a review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption , but also on the effects of the legislation , assessed after its adoption . the assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted . ### it is appropriate to monitor the proportionality of the requirements restricting access to or pursuit of regulated professions with a frequency appropriate to the regulation concerned . a review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption , but also on the effects of the legislation , assessed after its adoption . the assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area of regulated professions since the legislation was adopted .


### member states should carry out proportionality assessments in an objective and independent manner , including where a profession is regulated indirectly , by giving a particular professional body the power to do so . in particular , while the assessment of the local authorities , regulatory bodies or professional organisations , whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives , there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants . ### member states should carry out proportionality assessments in an objective and independent manner , including where a profession is regulated indirectly , by giving a particular professional body the power to do so . the assessment might include an opinion obtained from an independent body entrusted by the member states concerned to provide such opinion . in particular , while the assessment of the local authorities , regulatory bodies or professional organisations , whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives , there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants .


### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that the following are among the overriding reasons of general interest , recognised by the court of justice : preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the conservation of the national historic and artistic heritage ; social policy objectives and cultural policy objectives ; according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . ### where the taking - up and pursuit of employed or self - employed activities are conditional on complying with certain requirements relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such requirements are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are : preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the protection of legal dealings ; ensuring the fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; guaranteeing the quality of craft work ; research and development ; the protection of the capital market ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the conservation of the national historic and artistic heritage ; social policy objectives and cultural policy objectives ; according to settled case law , purely economic reasons , such as promoting the national economy to the detriment of the of fundamental freedoms , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . it is important to ensure that public interest objectives are adequately identified in order to determine the appropriate level of regulation . for example , where the risks to the public interest objective increase , member states should enjoy a margin of appreciation within which they are able to determine the degree of protection which they wish to afford , and if necessary to strengthen the regulation in place . the fact that one member state imposes less strict rules than another member state does not mean that the latter member state’s rules are disproportionate and therefore incompatible with union law .


### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , of the recipients of services and of workers ; safeguarding the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . ### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , of the recipients of services and of workers ; safeguarding the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . the security of digital data , as well as industrial and energy security , must also be considered to be principles of general interest .


### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . ### where the taking - up and pursuit of employed or self - employed activities are conditional on complying with certain requirements relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such requirements are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is also necessary to clarify that the following are among the overriding reasons of general interest , recognised by the court of justice : preserving the financial equilibrium of the social security system ; the protection of consumers , of the recipients of services and of workers ; safeguarding the proper administration of justice ; ensuring the fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; guaranteeing the quality of craft work ; research and development ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case law , purely economic reasons , such as promoting the national economy to the detriment of the of the fundamental freedoms , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . it is important to ensure that public interest objectives are adequately identified in order to determine the appropriate level of regulation . for example , where the risks to the public interest objective increase , member states should enjoy a margin of appreciation within which they are able to determine the degree of protection which they wish to afford , and if necessary to strengthen the regulation in place . the fact that one member state imposes less strict rules than another member state does not mean that the latter member state ' s rules are disproportionate and therefore incompatible with union law .


### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . ### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the tfeu , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . where those objectives apply , regulation of professions should be considered to be a necessary safeguard of the public interest rather than an obstacle to competition and free movement . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , account should be taken of the fact that people’s health and lives are of prime importance among the assets and interests protected by the tfeu . in order to ensure a high level of protection of public health , member states should be granted a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services , including patients , and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest .


### requirements linked to professional qualifications should be considered as necessary only where existing measures , such as consumer protection law , cannot be regarded as being suitable or genuinely effective to achieve the aim pursued . ### requirements linked to professional qualifications should be considered as necessary where existing measures , such as consumer protection law , cannot be regarded as being strictly suitable or genuinely effective to achieve the aim pursued .


### among the elements to be taken into account by national authorities , the following are of most relevance : the link between the scope of professional activities covered by a profession and the professional qualification required ; the complexity of the tasks in particular as regards the level , the nature and the duration of the training or experience required ; the existence of different routes to obtain the professional qualification ; the scope of the professional activities , reserved to holders of a particular professional qualification , and in particular whether the activities reserved to certain professionals can be shared with other professionals ; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional . ### among the elements to be taken into account by national authorities , the following are of most relevance : the link between the scope of professional activities covered by a profession and the professional qualification required ; the complexity of the tasks in particular as regards the level , the nature and the duration of the training or experience required ; the existence of different routes to obtain the professional qualification ; the scope of the professional activities , reserved to holders of a particular professional qualification , and in particular whether the activities reserved to certain professionals can be shared with other professionals ; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional . the failure to take account of one of the aforementioned elements does not mean that the proportionality assessment has not been carried out correctly .


### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities . based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of regulated professions within the union is proportionate to the importance of the objectives pursued and the expected gains . ### the balance between , on the one hand , the freedom to choose an occupation , to exercise the right of establishment and to provide services and , on the other hand , the protection of the public interest objectives , paying particular regard to the quality of service provided , should be duly taken into account by the member states . on that basis , member states should ascertain , in particular , whether the extent of the provision restricting access to or pursuit of regulated professions is proportionate to the importance of the objectives pursued and the expected gains .


### the national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification . the taking - up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession , compulsory membership of a professional body , professional ethics , supervision and liability . therefore , when assessing the cumulative effect of the measures , the competent authorities should also take into account other existing requirements , such as continuous professional development , compulsory chamber membership , registration or authorisation schemes , quantitative restrictions , specific legal form requirements and shareholding requirements , territorial restrictions , multidisciplinary restrictions and incompatibility rules , requirements concerning insurance cover as well as language knowledge requirements , to the extent necessary to practise the profession . a measure introduced by a member state cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures . ### member states should carry out a comprehensive assessment of the circumstances in which the requirement is adopted and implemented and examine in particular the combined effect of imposing several requirements in addition to the specific professional qualification . the taking - up and pursuit of certain activities may be conditional on complying with several requirements such as rules relating to the organisation of the profession , compulsory membership of a professional body , professional ethics , supervision and liability . therefore , when assessing the effect of the measures , member states should take into account all existing requirements , including continuous professional development , compulsory chamber membership , registration or authorisation schemes , quantitative restrictions , specific legal form requirements and shareholding requirements , territorial restrictions , multidisciplinary restrictions and incompatibility rules , requirements concerning insurance cover as well as language knowledge requirements , to the extent necessary to practise the profession .


### it is essential for the proper functioning of the internal market to ensure that member states provide information to citizens , representative associations or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views . ### it is essential for the proper functioning of the internal market to ensure that member states provide information to citizens , representative associations or other relevant stakeholders when introducing new or amending existing requirements restricting access to , or pursuit of regulated professions and give them the opportunity to make known their views . where necessary , member states are encouraged to carry out wider public consultation in order to gather adequate evidence necessary for designing reforms of professional services , especially in cases of reforms with a greater impact .


### in order to increase transparency and promote proportionality assessments based on comparable criteria , it is important that the information submitted by member states be easily accessible in the database of regulated professions to allow all interested parties to submit comments . ### in order to increase transparency and promote proportionality assessments based on comparable criteria , the reasons that member states submit for considering that provisions are non - discriminatory , justified , and proportionate should be easily accessible in the database of regulated professions to allow other member states to submit their observations to the commission .


### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , with a view to ensuring the proper functioning of the internal market . ### this directive lays down rules on a common framework for conducting proportionality assessments when introducing new or amending existing legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , with a view to ensuring the proper functioning of the internal market . the directive shall be without prejudice , however , to the prerogative of member states as to whether and how they regulate professions , subject to the principles of non - discrimination and proportionality , and to their margin of appreciation in that regard . the adoption by a member state of protective measures more extensive than those of other member states shall not necessarily be disproportionate .


### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , with a view to ensuring the proper functioning of the internal market . ### this directive lays down rules on a common framework for conducting proportionality assessments when introducing new or substantially amending existing legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , with a view to ensuring the proper functioning of the internal market .


### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , with a view to ensuring the proper functioning of the internal market . ### this directive lays down rules on a common framework for conducting proportionality assessments of applicable legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , as well as planned ones with a view to ensuring the proper functioning of the internal market .


### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , with a view to ensuring the proper functioning of the internal market . ### this directive lays down rules on a common framework for conducting proportionality assessments when introducing new or amending existing legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , with a view of ensuring the proper functioning of the internal market .


### where specific arrangements concerning the regulation of a given profession are established in a separate union act , the corresponding provisions of this directive shall not apply . ### where specific requirements concerning the regulation of a given profession are established in a separate union act , the corresponding provisions of this directive shall not apply . nor shall the provisions of the directive apply in respect of member states’ provisions on the organisation or content of professional education and training or on delegating the organisation and supervision of such education and training to professional organisations .


### member states shall ensure that before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this directive . ### member states shall undertake an assessment in accordance with the rules laid down in this directive before introducing new or amending existing legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions .


### member states shall ensure that before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this directive . ### member states shall carry out an assessment of the proportionality of the rules laid down in this directive when introducing new or amending existing legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions in accordance with the rules set out in this directive . member states shall remove disproportionate restrictions on access to or pursuit of regulated professions .


### member states shall ensure that before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this directive . ### member states shall undertake an assessment in accordance with the rules laid down in this directive when introducing new or amending existing legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions . this shall only apply to essential regulatory decisions on regulated professions .


### any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise compliance with the principle of proportionality . ### any requirement referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise compliance with the principles of non - discrimination and proportionality .