### where the market surveillance authorities of one member state have sufficient reason to believe that an energy - related product covered by a delegated act under this regulation presents a risk to aspects of public interest protection covered by this regulation , they shall carry out an evaluation in relation to the energy - related product concerned covering all the requirements laid down in this regulation and its relevant delegated acts . the supplier shall cooperate as necessary with the market surveillance authorities for that purpose . ### where the market surveillance authorities of one member state have sufficient reason to believe that the information published on the label or the information sheet of an energy - related product does not comply with the requirements set out by a delegated act , and therefore could present a risk to aspects of public interest protection , they shall carry out , in accordance with regulation 765 / 2008 / eu , an evaluation in relation to the energy - related product concerned covering all the requirements laid down in this regulation and its relevant delegated acts . the supplier shall cooperate as necessary with the market surveillance authorities for that purpose .


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling the timescale depends on the overpopulation of the two highest scales which reduces consumer choice and the incentives for developing more energy efficient products , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe .


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


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


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


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


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


### the design and content of the label , including a scale showing consumption of energy consisting of a to g , which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible ; ### the design and content of the label , including a scale showing energy efficiency based on an a to g classification , which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible ; further differentiation in the a - g scale shall be considered for a product group if this would be necessary to achieve sufficient differentiation of energy efficiency and functioning of the energy label ;


### the commission shall ensure that , when a label is introduced or rescaled , the requirements are laid down so that no products are expected to fall in energy classes a or b at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later . ### the commission shall ensure , based on studies on future technical evolution , that a label is only introduced or rescaled when technological progress makes this necessary and shall generally aim for a validity of at least ten years for the introduced or rescaled label . it shall review the label once it estimates that 40 percent of the products sold within the union markets fall into the top energy class and further technological development can be expected soon .


### assurance level high shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service than certificates with the assurance level substantial , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to prevent cybersecurity incidents . ### security requirement high shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service than certificates with the security requirement substantial , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to prevent cybersecurity incidents . this shall especially apply to critical infrastructure products and services .


### assurance level substantial shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to decrease substantially the risk of cybersecurity incidents ; ### risk - based assurance level substantial shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls that are generally used at industry level , the purpose of which is to decrease substantially the risk of cybersecurity incidents ;


### conditions for granting , maintaining , continuing , extending and reducing the scope of certification ; ### conditions for granting , maintaining , continuing , renewing , extending and reducing the scope of certification ;


### by the way of derogation from paragraph 3 , in duly justified cases a particular european cybersecurity scheme may provide that a european cybersecurity certificate resulting from that scheme can only be issued by a public body . such public body shall be one of the following : ### by the way of derogation from paragraph 3 , in duly justified cases a particular european cybersecurity certification scheme may provide that a european cybersecurity certificate resulting from that scheme can only be issued by a public body . such public body shall be one of the following :


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued for a maximum period of time as defined by the european cybersecurity certification scheme and may be renewed , under the same conditions , provided that the relevant requirements continue to be met .


### the assurance levels basic , substantial and high shall meet the following criteria respectively : ### the security requirements basic , substantial and high shall meet the following criteria respectively :


### facilitate the establishment and take - up of european and international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states’ national standards , pursuant to article 19 of directive 2016 / 1148 ; ### facilitate the establishment and take - up of european or international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states’ national standards , pursuant to article 19 of directive 2016 / 1148 ;


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


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


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


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


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


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


### a european cybersecurity certificate pursuant to this article shall be issued by the conformity assessment bodies referred to in article 51 on the basis of criteria included in the european cybersecurity certification scheme , adopted pursuant to article 44 . ### a european cybersecurity certificate pursuant to this article shall be issued either by self - declaration of conformity or by the conformity assessment bodies referred to in article 51 on the basis of criteria included in the european cybersecurity certification scheme , adopted pursuant to article 44 .


### where the scheme provides for marks or labels , the conditions under which such marks or labels may be used ; ### where the scheme provides for marks or labels , such an eu cybersecurity conformity label signifying that the ict product or service conforms to the criteria of a european cybersecurity certificate scheme , the conditions under which such marks or labels may be used ;


### a european cybersecurity certificate pursuant to this article shall be issued by the conformity assessment bodies referred to in article 51 on the basis of criteria included in the european cybersecurity certification scheme , adopted pursuant to article 44 . ### a european cybersecurity certificate pursuant to this article shall be issued either by self - declaration of conformity , or by the conformity assessment bodies referred to in article 51 on the basis of criteria included in the european cybersecurity certification scheme , adopted pursuant to article 44 . for ict products and services with high security requirements , the european cybersecurity certificate shall be issued by the conformity assessment bodies referred to in article 51 , without the possibility of self - declaration of conformity .


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


### once a european cybersecurity certification scheme is adopted , manufacturers of ict products or providers of ict services should be able to submit an application for certification of their products or services to a conformity assessment body of their choice . conformity assessment bodies should be accredited by an accreditation body if they comply with certain specified requirements set out in this regulation . accreditation should be issued for a maximum of five years and may be renewed on the same conditions provided that the conformity assessment body meets the requirements . accreditation bodies should revoke an accreditation of a conformity assessment body where the conditions for the accreditation are not , or are no longer , met or where actions taken by a conformity assessment body infringe this regulation . ### once a european cybersecurity certification scheme is adopted , manufacturers of ict products or providers of ict services should be able to submit an application for certification of their products or services to a conformity assessment body of their choice . products and services with high security requirements shall be subject to mandatory third - party certification . for all other ict products and services , third - party certification shall be voluntary , unless otherwise specified in union law . conformity assessment bodies should be accredited by an accreditation body if they comply with certain specified requirements set out in this regulation . accreditation should be issued for a maximum of five years and may be renewed on the same conditions provided that the conformity assessment body meets the requirements . accreditation bodies should revoke an accreditation of a conformity assessment body where the conditions for the accreditation are not , or are no longer , met or where actions taken by a conformity assessment body infringe this regulation .


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


### ensure that ict products and services are provided with up to date software that does not contain known vulnerabilities , and are provided mechanisms for secure software updates . ### ensure that ict products and services are provided with updates , upgrades and patches , which do not contain known vulnerabilities and which must be offered during a reasonable lifecycle of the product or service to enable continuous protection .


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


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


### handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories , investigate , to the extent appropriate , the subject matter of the complaint , and inform the complainant of the progress and the outcome of the investigation within a reasonable time period ; ### handle complaints lodged by natural or legal persons in relation to certificates issued by self - declaration and by conformity assessment bodies established in their territories , investigate , to the extent appropriate , the subject matter of the complaint , and inform the complainant of the progress and the outcome of the investigation within a reasonable time period ;


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


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


### to withdraw , in accordance with national law , certificates that are not compliant with this regulation or a european cybersecurity certification scheme ; ### to withdraw , in accordance with national law , certificates that are not compliant with this regulation or a european cybersecurity certification scheme and inform national accreditation bodies accordingly ;


### –carries out its development activities in regions , policy areas and sectors for which access to funding from market sources is not generally available or sufficient ; ### –carries out its economic development activities contributing to the objectives of the esi funds in regions , policy areas and sectors for which access to funding from market sources is not generally available or sufficient ;


### –operates on a non - profit maximisation basis in order to ensure a long - term financial sustainability ; ### –is not primarily seeking to maximise profits in order to ensure a long - term financial sustainability for its operations ;


### the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients . in the less developed regions referred to in point of article 120 , the financial contribution may exceed 25% where duly justified by the ex - ante assessment , but shall not exceed 50% . the total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi - equity investments provided to final recipients . the guaranteed loans referred to in this paragraph shall only be taken into account to the extent that esi funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment covering a multiple amount of new loans . ### the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients . in the less developed and transition regions referred to in point of article 120 , the financial contribution may exceed 25% where duly justified by the ex - ante assessment or preparatory assessment undertaken by the eib under paragraph 3 of this article , but shall not exceed 50% . the total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi - equity investments provided to final recipients . the guaranteed loans referred to in this paragraph shall only be taken into account to the extent that esi funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment or preparatory assessment undertaken by the eib under paragraph 3 of this article covering a multiple amount of new loans .


### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements .


### “where a call for proposal is launched prior to the entry into force of regulation xxx / yyy amending the present regulation the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . where the document setting out the conditions for support is provided to the beneficiary within a period of 6 months starting from the date of entry into force of regulation xxx / yyy the managing authority may decide not to apply those amended provisions . ” ### “the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 12 months starting from the date of entry into force of regulation xxx / yyy and when a disproportionate administrative burden is created it may decide to extend the transitional periods up until programme closure . ”


### in adopting regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 on the european fund for strategic investments , the european investment advisory hub and the european investment project portal – the european fund for strategic investments – it was desired to enable member states to use esi funds to contribute to the financing of eligible projects that are supported by the eu guarantee covered by the efsi . a specific provision should be introduced to set out the terms and conditions to allow for better interaction and complementarity that will facilitate the possibility to combine esi funds with eib financial products under the efsi’s union guarantee . ### in adopting regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 on the european fund for strategic investments , the european investment advisory hub and the european investment project portal – the european fund for strategic investments – it was desired to enable member states to use esi funds to contribute to the financing of eligible projects in which the eib itself , or through the eif , is investing with the support of the eu guarantee , provided that those projects comply with the eligibility criteria and the objectives and principles under the legal framework of the relevant instruments and of the efsi . a specific provision should be introduced to set out the terms and conditions to allow for better interaction and complementarity that will facilitate the possibility to combine esi funds with eib financial products under the efsi’s union guarantee .


### the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients . in the less developed regions referred to in point of article 120 , the financial contribution may exceed 25% where duly justified by the ex - ante assessment , but shall not exceed 50% . the total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi - equity investments provided to final recipients . the guaranteed loans referred to in this paragraph shall only be taken into account to the extent that esi funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment covering a multiple amount of new loans . ### the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients . in the less developed and transition regions referred to in point , and of article 120 , the financial contribution may exceed 25% where duly justified by the ex - ante assessment or preparatory assessment undertaken by the eib under paragraph 3 of this article , but shall not exceed 50% . the total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi - equity investments provided to final recipients . the guaranteed loans referred to in this paragraph shall only be taken into account to the extent that esi funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment or preparatory assessment undertaken by the eib under paragraph 3 of this article covering a multiple amount of new loans .


### “when implementing the financial instrument , the bodies referred to in points to of the first subparagraph shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria , as set out in eu legislation including commission recommendations and communications or or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ” ### “when implementing the financial instrument , the bodies referred to in points to of the first subparagraph shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria , as set out in eu legislation . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ”


### this article shall apply to operations which generate net revenue after their completion . for the purposes of this article ‘ net revenue’ means cash in - flows directly paid by users for the goods or services provided by the operation , such as charges borne directly by users for the use of infrastructure , sale or rent of land or buildings , or payments for services less any operating costs and replacement costs of short - life equipment incurred during the corresponding period . operating cost - savings generated by the operation shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies . ### in article 61 , in paragraph 1 , subparagraph 1 is replaced by the following : “this article shall apply to operations which generate net revenue after their completion . for the purposes of this article ‘ net revenue’ means cash in - flows directly paid by users for the goods or services provided by the operation , such as charges borne directly by users for the use of infrastructure , sale or rent of land or buildings , or payments for services less any operating costs and replacement costs of short - life equipment incurred during the corresponding period . operating cost - savings generated by the operation , with the exception of cost - savings resulting from the implementation of energy efficiency measures , shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies . ”


### “where a call for proposal is launched prior to the entry into force of regulation xxx / yyy amending the present regulation the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . where the document setting out the conditions for support is provided to the beneficiary within a period of 6 months starting from the date of entry into force of regulation xxx / yyy the managing authority may decide not to apply those amended provisions . ” ### “the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . the managing authority or monitoring committee for the programmes under the european territorial cooperation goal may decide to extend the six - moth transitional period until programme closure . it shall notify the commission of such decision before the expiration of the six - month transitional period . ”


### support from the esi funds to financial instruments invested in final recipients and gains and other earnings or yields , such as interest , guarantee fees , dividends , capital gains or any other income generated by those investments , which are attributable to the support from the esi funds , may be used for differentiated treatment of private investors , as well as the eib when using the eu guarantee pursuant to regulation 2015 / 1017 . such differentiated treatment shall be justified by the need to attract private counterpart resources . ### support from the esi funds to financial instruments invested in final recipients and gains and other earnings or yields , such as interest , guarantee fees , dividends , capital gains or any other income generated by those investments , which are attributable to the support from the esi funds , may be used for differentiated treatment of investors operating under the market economy principle , as well as the eib when using the eu guarantee pursuant to regulation 2015 / 1017 . such differentiated treatment shall be justified by the need to attract private counterpart resources .


### “where a call for proposal is launched prior to the entry into force of regulation xxx / yyy amending the present regulation the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 6 months starting from the date of entry into force of regulation xxx / yyy . where the document setting out the conditions for support is provided to the beneficiary within a period of 6 months starting from the date of entry into force of regulation xxx / yyy the managing authority may decide not to apply those amended provisions . ” ### “where a call for proposal is launched prior to the entry into force of regulation xxx / yyy amending the present regulation the managing authority may decide not to apply the obligation set out in article 67 for a maximum of 12 months starting from the date of entry into force of regulation xxx / yyy . where the document setting out the conditions for support is provided to the beneficiary within a period of 12 months starting from the date of entry into force of regulation xxx / yyy the managing authority may decide not to apply those amended provisions . where the managing authority determines that the obligation set out in article 67 creates a disproportionate administrative burden , it may decide to extend the transitional periods until programme closure . the first and second subparagraph do not apply to grants and repayable assistance supported by the esf for which the public support does not exceed eur 50 000 . ”


### the amount of the funds allocated to technical assistance shall be limited to 4 % of the total amount of the funds allocated to operational programmes at the time of the adoption of the operational programmes in a member state of the investment for jobs and growth goal . ### the amount of the funds allocated to technical assistance shall be limited to 4 % of the total amount of the funds allocated to operational programmes at the time of the adoption of the operational programmes in a member state of the investment for jobs and growth goal . a part of the technical assistance allocation shall be dedicated to communication , both at programme and project level


### support from the esi funds to financial instruments invested in final recipients and gains and other earnings or yields , such as interest , guarantee fees , dividends , capital gains or any other income generated by those investments , which are attributable to the support from the esi funds , may be used for differentiated treatment of private investors , as well as the eib when using the eu guarantee pursuant to regulation 2015 / 1017 . such differentiated treatment shall be justified by the need to attract private counterpart resources . ### support from the esi funds to financial instruments invested in final recipients and gains and other earnings or yields , such as interest , guarantee fees , dividends , capital gains or any other income generated by those investments , which are attributable to the support from the esi funds , may be used for differentiated treatment of private investors , banks or public financial institutions as well as the eib when using the eu guarantee pursuant to regulation 2015 / 1017 . such differentiated treatment shall be justified by the need to attract private counterpart resources and leverage public funding .


### with a view to responding to the challenges posed by increasing flows of migrants and refugees , the objectives to which the erdf may contribute in its support of migrants and refugees should be spelled out . ### with a view to responding to the challenges posed by increasing flows of migrants and refugees , the objectives to which the erdf may contribute , on the request of the administering authorities , in its support of migrants with regular status , asylum - seekers and refugees should be spelled out .


### differentiated treatment of private investors shall be without prejudice to the union state aid rules . ### differentiated treatment of private and public investors shall be without prejudice to the union state aid rules .


### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements .


### support from the esi funds to financial instruments invested in final recipients and gains and other earnings or yields , such as interest , guarantee fees , dividends , capital gains or any other income generated by those investments , which are attributable to the support from the esi funds , may be used for differentiated treatment of private investors , as well as the eib when using the eu guarantee pursuant to regulation 2015 / 1017 . such differentiated treatment shall be justified by the need to attract private counterpart resources . ### support from the esi funds to financial instruments invested in final recipients and gains and other earnings or yields , such as interest , guarantee fees , dividends , capital gains or any other income generated by those investments , which are attributable to the support from the esi funds , may be used for differentiated treatment of private investors . such differentiated treatment shall be justified by the need to attract private counterpart resources .


### the differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources . it shall not over - compensate private investors and the eib when using the eu guarantee according to regulation 2015 / 1017 . the alignment of interest shall be ensured through an appropriate sharing of risk and profit . ### the differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources . it shall not over - compensate investors operating under the market economy principle and the eib when using the eu guarantee according to regulation 2015 / 1017 . the alignment of interest shall be ensured through an appropriate sharing of risk and profit .


### the bodies referred to in paragraph 2 of this article , when implementing funds of funds , may further entrust part of the implementation to financial intermediaries provided that those bodies ensure under their responsibility that the financial intermediaries satisfy the criteria laid down in articles 201 and 202 and of the financial regulation . the financial intermediaries shall be selected on the basis of open , transparent , proportionate and non - discriminatory procedures , avoiding conflict of interest . ### the bodies referred to in paragraph 5 of this article , when implementing funds of funds , may further entrust part of the implementation to financial intermediaries provided that those bodies ensure under their responsibility that the financial intermediaries satisfy the criteria laid down in articles 201 and 202 and of the financial regulation . the financial intermediaries shall be selected on the basis of open , transparent , proportionate and non - discriminatory procedures , avoiding conflict of interest .


### selecting operations and fixing the amount of support and presenting the proposals to the body responsible for final verification of eligibility before approval ; ### selecting operations and fixing the amount of support and , where relevant , presenting the proposals to the body responsible for final verification of eligibility before approval ;


### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 5 of this article shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in practices not complying with eu tax good governance principles , as set out in the union legislation . in this context , the bodies implementing financial instruments shall take the utmost account of the policies of the union . they shall not be established and , in relation to the implementation of the financial instruments shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial instruments . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial instruments under such agreements .


### there is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 202026 period . action carried out under the amended directive will contribute to compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus . _________________ 26 com 676 final . ### the amended directive should contribute to a reduction of emissions of air pollutants and greenhouse gases from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation . furthermore , the amended directive shares the aim of , inter alia , promoting clean road transport with directive 2014 / 94 / eu . consequently , the definition of a clean vehicle needs to be aligned with the provisions of directive 2014 / 94 / eu . this adjustment will create long - term predictability and stability in eu law and ensure the protection of investments made in alternative fuel infrastructures . action carried out under the amended directive will contribute to continued compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus .


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase or retrofitting of road transport vehicles used in public services by :


### member states shall submit to the commission a report on the implementation of this directive by 1 january 2026 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2023 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 , ### no later than the date of the first commission report on the implementation of this directive , the commission shall examine the options referred to in paragraph 2 of this article , and assess the need to review directive 2009 / 33 / ec and any other relevant legislation related to alternative fuel , taking into consideration life cycle co2 emissions and of well - to - wheel co2 emissions of vehicles .


### the commission shall submit a report on the application of this directive and on the actions taken by individual member states for the effective implementation of this directive to the european parliament and to the council every three years starting on 1 january 2027 , following the reporting from member states . ### member states shall submit to the commission a report on the implementation of this directive by 1 january 2027 , and every three years thereafter . member states shall submit to the commission a preliminary report by 1 january 2024 . the initial report shall contain information on the steps undertaken to implement this directive , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . further reports shall also contain information on the number and the categories of clean road transport vehicles procured by contracting authorities and contracting entities . information ' s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary as noted in the annex .


### those reports shall assess the effects of this directive , especially of the options referred to in article 5 , and the need for further action , and include proposals , as appropriate . in those reports , the commission shall compare the nominal and relative numbers of vehicles purchased corresponding to the best market alternative in terms of lifetime energy and environmental impacts , within each of the categories of vehicles listed in table 3 of the annex , to the overall market for these vehicles and estimate how the options referred to in article 5 have affected the market . the commission shall assess the need for further action and include proposals , as appropriate . ### paragraph 2 is replaced by the following : ' 2 . by . . . . [ four years after the date of entry into force of this directive ] the commission shall propose a methodology of counting life - cycle co emissions and of well - to - wheel co emissions of vehicles . '


### a vehicle of category n1 with a maximum tail - pipe emission expressed in co2g / km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in table 2 in the annex , or ; ### a vehicle of category n1 as referred to in table 2 in the annex , or ;


### extending the scope of the directive by including practices such as lease , rental and hire - purchase of vehicles , as well as contracts for public road transport services , special purpose road transport passenger services , non - scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered . ### extending the scope of the directive by including practices such as lease , rental and hire - purchase and retrofitting of vehicles , as well as contracts for public road transport services , special purpose road transport passenger services , non - scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered , while existing contracts should not be retroactively affected by this directive . moreover , the commission should examine the feasibility of clean procurement in other modes of transport . .


### member states shall submit to the commission a report on the implementation of this directive by 1 january 2026 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2023 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 , ### member states shall submit to the commission a report on the implementation of this as part of the report provided for in art . 83 of directive 2014 / 24 / eu and art . 99 of directive 2014 / 25 / eu . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , as well as any other pertinent information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 ,


### there is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 2020 period26 . action carried out under the amended directive will contribute to compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus . _________________ 26 com 676 final ### the amended directive should contribute to a reduction of emissions of air pollutants and greenhouse gases from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation . furthermore , the amended directive shares the aim of , inter alia , promotion of clean road transport with directive 2014 / 94 / eu . consequently , the definition of a clean vehicle should be aligned with provisions of directive 2014 / 94 / eu . that alignment will create long term predictability and stability in union law and protect investments already made into alternative fuels infrastructure . the amended directive will also contribute to the further deployment of alternative fuels infrastructure , as well as to compliance of vehicles with the requirements of the latest standards of emissions of air pollutants and greenhouse gases . a more ambitious approach for public procurement can provide an important additional market stimulus .


### no later than the date of the first report , the commission shall examine the options referred to in article 5 , present an evaluation of the methodology set out in article 6 and propose appropriate adjustments , if necessary . ### paragraph 3 is replaced by the following : ' 3 . the commission shall submit a report on the application of this directive and on the actions taken by individual member states for the effective implementation of this directive to the european parliament and to the council every three years starting on 1 january 2027 , following the reporting from member states . '


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent , hire - purchase or retrofitting to clean or zero - emission vehicle standard of road transport vehicles used in public services , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 of the annex . an increase in the number of urban rail vehicles , such as trams and metro trains , in public networks may also be counted towards the achievement of the minimum procurement targets for buses set out in table 5 in the annex .


### member states may exempt from the requirements laid down in this directive contracts for the purchase of vehicles referred to in article 2 of directive 2007 / 46 / ec , which are not subject to type approval or individual approval on their territory ### in article 2 , paragraph 1 is replaced by the following : ' member states may exempt from the requirements laid down in this directive contracts for the purchase , lease , rent , hire - purchasing or retrofitting of vehicles referred to in article 2 of directive 2007 / 46 / ec , which are not subject to type approval or individual approval on their territory .


### member states shall submit to the commission a report on the implementation of this directive by 1 january 2026 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2023 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 , ### member states shall submit to the commission a report on the implementation of this directive by 1 january 2027 , and every three years thereafter . member states shall submit to the commission an initial report by 1 january 2024 . the initial report shall contain information on the steps undertaken to implement this directive , including on the financial instruments already available or in preparation , on the member states’ strategies to foster the deployment of alternative fuels infrastructure , in particular for public transport networks , on the dialogue carried out between the different levels of governance , information on member states’ intentions regarding the above report activities , as well as any other valuable information . further reports shall also contain information on the number and the categories of clean road transport vehicles procured by contracting authorities and contracting entities . information’s should follow the categories contained in regulation no 2195 / 2002 on common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 ,


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to new contracts for the purchase , lease , rent or hire - purchase and retrofitting of road transport vehicles used in public services that are concluded after this directive enters into force by :


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase or retrofitting to clean or zero - emission vehicle standard of road transport vehicles used in public services , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . an increase in the number of urban rail vehicles , such as trams and metro trains , in public networks may also be counted towards the achievement of the minimum procurement targets for buses set out in table 5 in the annex .


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase or retrofitting to low or zero - emission vehicle standards of road transport vehicles used in public services , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 of the annex and include contractual provisions to ensure the actual use of alternative fuels . member states shall ensure that the cost of compliance with the minimum procurement targets established in this directive are not passed on to local authorities and that sufficient financial resources are made available to contracting authorities and contracting entities .


### setting minimum targets for clean vehicle procurement by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union . ### setting minimum targets for clean vehicle procurement starting in 2025 with progression in 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union .


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to new contracts concluded from 1 january 2025 for the purchase , lease , rent or hire - purchase or retrofitting of road transport vehicles used in public services by :


### there is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 202026 period . action carried out under the amended directive will contribute to compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus . _________________ 26 com 676 final . ### the amended directive should contribute to a reduction of emissions of air pollutants and greenhouse gases from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation . furthermore , the amended directive shares the aim of , inter alia , promoting clean road transport with directive 2014 / 94 / eu . consequently , the definition of a clean vehicle needs to be aligned with the provisions of directive 2014 / 94 / eu . this adjustment will create long - term predictability and stability in eu law and ensure the protection of investments made in alternative fuel infrastructures . action carried out under the amended directive will contribute to continued compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus .


### directive 2009 / 33 / eu on the promotion of clean road transport vehicles in support of low - emission mobility ### directive 2009 / 33 / eu on the promotion of clean road transport vehicles used in public services in support of low - emission mobility


### light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . the impact assessment illustrated the added value of adopting an approach based on alternative fuels until technology - neutral requirements for co2 emissions from heavy - duty vehicles have been set at union level , which the commission intends to propose in the future . the impact assessment further recognised that markets for low - and zero - emission urban buses are characterised by increased market maturity , whereas markets for low - and zero - emission trucks are at an earlier stage of market development . ### light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . it should be further recognised that markets for low - and zero - emission urban buses are characterised by recent progression , whereas markets for low - and zero - emission trucks are at an incipient stage of market development .


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to new contracts for the purchase , lease , rent , hire - purchase or retrofitting of road transport vehicles which are concluded from 1 january 2025


### reporting on public procurement under this amended directive should provide a clear market overview to enable effective monitoring of the implementation . it should start with an intermediate report in 2023 and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years . to minimise administrative burden on single public bodies and establish an effective market overview , simple reporting should be facilitated . the commission will ensure full reporting for low - and zero - emission and other alternative - fuel vehicles within the context of the common procurement vocabulary of the union . specific codes in the common procurement vocabulary will help the registration and monitoring under the tender electronic daily database . ### reporting on public procurement under this amended directive should provide a clear market overview to enable effective monitoring of the implementation . it should start with an intermediate report in 2024 and continue with a first full report on the implementation of the minimum targets in 2027 and thereafter every three years . to minimise administrative burden on single public bodies and establish an effective market overview , simple reporting should be facilitated . the commission will ensure full reporting for low - and zero - emission and other alternative - fuel vehicles within the context of the common procurement vocabulary of the union . specific codes in the common procurement vocabulary will help the registration and monitoring under the tender electronic daily database .


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase or retrofitting to clean or zero - emission vehicle standard of road transport vehicles and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . an increase in the number of underground lines , trams and suburban rail lines can also be counted towards achieving the quota in table&#160 ; 5 of annex&#160 ; 1 .


### there is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 2020 period26 . action carried out under the amended directive will contribute to compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus . _________________ 26 com 676 final ### the amended directive should contribute to the reduction of greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of zero - and low - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 2020 period26 . action carried out in accordance with this directive will also contribute to compliance with the requirements of these standards and will facilitate the deployment of the associated recharging infrastructure . a more ambitious approach for public procurement will provide an important additional market stimulus . _________________ 26 com 676 final


### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final . ### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union’s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including measures that support a modal shift towards public transport , and the use of public procurement of clean vehicles . _________________ 21 com 501 final .


### member states shall submit to the commission a report on the implementation of this directive by 1 january 2026 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2023 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 , ### member states shall submit to the commission a report on the implementation of this as part of the report provided for in art . 83 of directive 2014 / 24 / eu and art . 99 of directive 2014 / 25 / eu . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , as well as any other pertinent information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 ,


### innovation of new technologies helps to lower vehicle emissions , supporting the decarbonisation of the transport sector . an increased uptake of low - and zero - emission road vehicles is likely to reduce emissions of co2 and certain pollutant emissions and to promote competitiveness and growth of the european industry in the increasing global markets for low - and zero - emission vehicles . ### innovation of new technologies helps to lower vehicle emissions , and reducing noise pollution while supporting the decarbonisation of the transport sector . an increased uptake of low - and zero - emission road vehicles will reduce emissions of co2 and certain pollutant emissions and thus improve the air quality in cities and other polluted areas , while contributing to competitiveness and growth of the european industry in the increasing global markets for low - and zero - emission vehicles and ensuring the development of alternative fuel infrastructures . moreover , the principle of technological neutrality has to be the very basic principle of any effort in order to ensure and stimulate a competitive environment and encourage further research and innovation in this field . in order to reduce air and noise pollution and meet the eu air quality standards in urban and rural areas , concrete and ambitious policies and measures , including the use of public procurement of clean mission vehicles , are needed .


### member states may exempt from the requirements laid down in this directive contracts for the purchase of vehicles referred to in article 2 of directive 2007 / 46 / ec , which are not subject to type approval or individual approval on their territory ### in article 2 , paragraph 1 is replaced by the following : ' member states may exempt from the requirements laid down in this directive contracts for the purchase , lease , rent , hire - purchasing or retrofitting of vehicles referred to in article 2 of directive 2007 / 46 / ec , which are not subject to type approval or individual approval on their territory .


### member states shall submit to the commission a report on the implementation of this directive by 1 january 2026 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2023 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 , ### member states shall submit to the commission a report on the implementation of this directive by 1 january 2027 , and every three years thereafter . member states shall submit to the commission an initial report by 1 january 2024 . the initial report shall contain information on the steps undertaken to implement this directive , including on the financial instruments already available or in preparation , on the member states’ strategies to foster the deployment of alternative fuels infrastructure , in particular for public transport networks , on the dialogue carried out between the different levels of governance , information on member states’ intentions regarding the above report activities , as well as any other valuable information . further reports shall also contain information on the number and the categories of clean road transport vehicles procured by contracting authorities and contracting entities . information’s should follow the categories contained in regulation no 2195 / 2002 on common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 ,


### whose quality or characteristics are essentially or exclusively due to a particular geographical environment , with its inherent natural factors and , where relevant , human factors ; ### whose quality or characteristics are essentially or exclusively due to a particular geographical environment , with its inherent natural factors and human factors ;


### the qualified entity initiating the representative action under this directive should be a party to the proceedings . consumers concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action . injunction orders issued under this directive should be without prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order . ### the qualified entity initiating the representative action under this directive should be a party to the proceedings . consumers concerned by the infringement should have adequate information regarding the relevant outcomes of the representative action and how they can benefit from them . injunction orders issued under this directive should be without prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order .


### member states shall ensure that , at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action , and has indicated further evidence which lies in the control of the defendant , the court or administrative authority may order , in accordance with national procedural rules , that such evidence be presented by the defendant , subject to the applicable union and national rules on confidentiality . ### member states shall ensure that , at the request of one of the parties that has presented reasonably available facts , sufficient evidence and a substantive explanation to support its views , and has indicated further specific and clear defined evidence which lies in the control of the other party , the court or administrative authority may order , in accordance with national procedural rules , that such evidence be presented by this party , subject to the applicable union and national rules on confidentiality .