### building the capacity of local actors to develop and implement operationsincluding fostering their project management capabilities ; ### building the capacity of local actors to develop and implement operationsincluding fostering their project management capabilities , and buiding the capacity of potential final beneficiaries to prepare and implement the projects ;


### “an estimate of additional public and private resources to be potentially raised by the financial instrument down to the level of the final recipient , including as appropriate an assessment of the need for , and level of , differentiated treatment to attract counterpart resources from private investors and / or a description of the mechanisms which will be used to establish the need for , and extent of , such differentiated treatment , such as a competitive or appropriately independent assessment process ; ” ### “an estimate of additional public and private resources to be potentially raised by the financial instrument down to the level of the final recipient , including as appropriate an assessment of the need for , and extent of , differentiated treatment to attract counterpart resources from private investors and / or a description of the mechanisms which will be used to establish the need for , and extent of , such differentiated treatment , such as a competitive or appropriately independent assessment process ; ”


### ‘ financial instruments allowing for the combination of such contribution with eib financial products under the european fund for strategic investment . ’ ### ‘ financial instruments allowing for the combination of such contribution with eib financial products and those of other financial institutions such as those referred to in article 38 under the european fund for strategic investment . ’


### a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis , which fulfils all the following conditions : ### a publicly - owned bank or institution , established as a legal entity carrying out financial activities on a professional basis , which fulfils all the following conditions :


### –operates under a public policy mandate given by the relevant authority of a member state at national or regional level , to carry out economic development activities contributing to the objectives of the esi funds ; ### –operates under a public policy mandate given by the relevant authority of a member state at national or regional level , to carry out as part of its operations , economic development activities contributing to the objectives of the esi funds , for which implementing tasks have been assigned ;


### –operates under a public policy mandate given by the relevant authority of a member state at national or regional level , to carry out economic development activities contributing to the objectives of the esi funds ; ### –operates under a public policy mandate given by the relevant authority of a member state at national or regional level , which should include carrying out economic development activities contributing to the objectives of the esi funds ;


### –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 activities including development in regions , policy areas or sectors for which access to funding from market sources is not generally available or sufficient ;


### –is subject to the supervision of an independent authority in accordance with national law . ### –is subject to the supervision of an independent authority or national audit court in accordance with national law .


### –is subject to the supervision of an independent authority in accordance with national law . ### –is subject to the supervision of an independent authority in accordance with applicable law .


### “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 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 . ”


### 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 .


### member states may use esi funds to provide a contribution to financial instruments referred to in point of article 38 to attract additional private sector investment . ### member states may use esi funds to provide a contribution to financial instruments referred to in point of article 38 provided it has the aim to attract additional private sector investment and continues to contribute to esi funds objectives and the union strategy for smart , sustainable and inclusive growth .


### member states may use esi funds to provide a contribution to financial instruments referred to in point of article 38 to attract additional private sector investment . ### member states may use esi funds to provide directly or indirectly a contribution to financial instruments referred to in point of article 38 to attract additional private sector investment .


### 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 15 % 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 15% where duly justified by the ex - ante assessment , but shall not exceed 30% . 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 .


### reporting by managing authorities under article 46 on operations comprising financial instruments under this article shall be based on the information kept by the eib for the purposes of its reporting pursuant to article 16 and of the efsi regulation , supplemented by the additional information required under article 46 . ### reporting by managing authorities under article 46 on operations comprising financial instruments under this article shall be based on the information kept by the eib for the purposes of its reporting pursuant to article 16 and of the efsi regulation , supplemented by the additional information required under article 46 . requirements under this paragraph shall allow for uniform reporting conditions in accordance with article 46 of this regulation .


### entrust implementation tasks to a financial institution , which shall either open a fiduciary account in its name and on behalf of the managing authority or set up a separate block of finance within the financial institution for programme contribution . in the case of a separate block of finance , an accounting distinction shall be made between programme resources invested in the financial instrument and the other resources available in the financial institution . the assets held on fiduciary accounts and such separate blocks of finance shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity . ### entrust implementation tasks to a body , which shall either open a fiduciary account in its name and on behalf of the managing authority or set up a separate block of finance within the financial institution for programme contribution . in the case of a separate block of finance , an accounting distinction shall be made between programme resources invested in the financial instrument and the other resources available in the financial institution . the assets held on fiduciary accounts and such separate blocks of finance shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity .


### where managing authorities contribute esi funds programme resources to an existing instrument under point of article 38 , the fund manager of which has already been selected by the eib , international financial institutions in which a member state is a shareholder , or a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under article 38 , they shall entrust implementation tasks to this fund manager through the award of a direct contract . ### where , for the purpose of implementing financial instruments referred to under point of article 38 , managing authorities contribute esi funds programme resources to an existing instrument , the fund manager of which has already been selected by the eib , international financial institutions in which a member state is a shareholder , or a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under article 38 , they shall entrust implementation tasks to this fund manager through the award of a direct contract .


### in case of financial instruments referred to in point of article 38 which take the form of a guarantee instrument , esi funds may contribute to junior and / or mezzanine tranches of portfolios of loans covered also under the efsi’s union guarantee . ### in case of financial instruments referred to in point of article 38 which take the form of a guarantee instrument , member states may decide that esi funds may contribute to junior and / or mezzanine tranches of portfolios of loans covered also under the efsi’s union guarantee . leverage and returns resulting from such contributions shall be used in accordance with the objectives of the respective esi funds to support actions and final recipients consistent with the programme from which such contributions are made .


### for the erdf , the esf , the cohesion fund and the emff , a separate priority , and for the eafrd , a separate type of operation , with a co - financing rate of up to 100% may be established within a programme to support operations implemented through financial instruments referred to in point of article 38 . ### for the erdf , the esf , the cohesion fund and the emff , a separate priority , and for the eafrd , a separate type of operation , with a co - financing rate according to the determination of co - financing rates in article 120 with a drop down of up to 15% may be established within a programme to support operations implemented through financial instruments referred to in point of article 38 .


### the commission shall be empowered to adopt an implementing act concerning the models for the control reports and the annual audit reports of the first sub - paragraph of this paragraph . ### the commission shall be empowered to adopt an implementing act concerning the models for the control reports and the annual audit reports of the third sub - paragraph of this paragraph .


### 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 and public counterpart resources . it shall not over - compensate private and public 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 .


### where applicable , to cover the losses in the nominal amount of the esi funds contribution to the financial instrument resulting from negative interest , if such losses occur despite active treasury management by the bodies implementing financial instruments . ### where applicable , to cover the losses in the nominal amount of the esi funds contribution to the financial instrument resulting from negative interest .


### actions to disseminate information , support networking , carry out communication activities , raise awareness and promote cooperation and exchange of experience , including with third countries ; ### point f is replaced by the following : actions to disseminate information , support networking , carry out communication activities on the results and successes achieved with support of esi funds , raise awareness and promote cooperation and exchange of experience , including with third countries ;


### “the erdf and the esf may finance , in a complementary manner and subject to a limit of 10 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of rules applied to that fund , provided that such costs are necessary for the satisfactory implementation of the operation and are directly linked to it . ” ### “the erdf and the esf may finance , in a complementary manner and subject to a limit of 10 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that such costs are necessary for the satisfactory implementation of the operation and are directly linked to it . ”


### detailed rules concerning the information and communication measures for the public and information measures for potential beneficiaries and for beneficiaries are laid down in annex xii . ; ### detailed rules concerning the information , communication and interaction measures with the public and information measures for potential beneficiaries and for beneficiaries are laid down in annex xii . ;


### “1 . operations for which the total eligible expenditure does not exceed eur 200 000 for the erdf and the cohesion fund , eur 150 000 for the esf or eur 100 000 for the emff shall not be subject to more than one audit by either the audit authority or the commission prior to the submission of the accounts for the accounting year in which the operation is completed . other operations shall not be subject to more than one audit per accounting year by either the audit authority or the commission prior to the submission of the accounts for the accounting year in which the operation is completed . operations shall not be subject to an audit by the commission or the audit authority in any year if there has already been an audit in that year by the european court of auditors , provided that the results of the audit work performed by the european court of auditors for such operations can be used by the audit authority or the commission for the purpose of fulfilling their respective tasks . ### in article 148 , paragraph 1 is replaced by the following : “1 . operations for which the total eligible expenditure does not exceed eur 400 000 for the erdf and the cohesion fund , eur 300 000 for the esf or eur 200 000 for the emff shall not be subject to more than one audit by either the audit authority or the commission prior to the submission of the accounts for the accounting year in which the operation is completed . other operations shall not be subject to more than one audit per accounting year by either the audit authority or the commission prior to the submission of the accounts for the accounting year in which the operation is completed . operations shall not be subject to an audit by the commission or the audit authority in any year if there has already been an audit in that year by the european court of auditors , provided that the results of the audit work performed by the european court of auditors for such operations can be used by the audit authority or the commission for the purpose of fulfilling their respective tasks .


### “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 member state and the managing authority shall ensure that the information and communication measures are implemented in accordance with the communication strategy and that those measures aim for the widest possible media coverage using various forms and methods of communication at the appropriate level . ### in subsection 2 . 1 . point 1 is replaced by the following : “1 . the member state and the managing authority shall ensure that the information and communication measures are implemented in accordance with the communication strategy in order to improve the interaction with citizens and that those measures aim for the widest possible media coverage using various forms and methods of communication at the appropriate level and adapted to the technology enhancements . ”


### during implementation of an erdf or cohesion fund operation , the beneficiary shall put up , at a location readily visible to the public , a temporary billboard of a significant size for each operation consisting of the financing of infrastructure or construction operations for which the total public support to the operation exceeds eur 500 000 . ### in subsection 2 . 2 point 4 is replaced by the following : “4 . during implementation of an erdf or cohesion fund operation , the beneficiary shall put up , at a location readily visible to the public , a temporary billboard of a significant size for each operation consisting of the financing of infrastructure or construction operations ; ”


### no later than three months after completion of an operation , the beneficiary shall put up a permanent plaque or billboard of significant size at a location readily visible to the public for each operation that fulfils the following criteria : ### in subsection 2 . 2 . point 5 the introductory part is replaced by the following : “5 . no later than three months after completion of an operation , the beneficiary shall put up a permanent plaque or billboard of significant size at a location readily visible to the public of each operation that fulfils the following criterion :


### the total public support to the operation exceeds eur 500 000 ; ### in subsection 2 . 2 . point 5 , point a is deleted :


### 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 .


### 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 .


### public authorities , through their procurement policy , can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 . ### public authorities , through their procurement policy , can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . in order to achieve this goal , the directive must set out clear and transparent requirements and a simple calculation method for procurement objectives . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 .


### public authorities , through their procurement policy , can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 - 242 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 – 374 . ### taking into account that government expenditure on goods , works and services represents around 14 % of gdp , public authorities , through their procurement policy , for new vehicles and for the retrofitting of existing ones can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services in compliance with the environmental requirements of purchased goods . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 - 242 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 – 374 .


### 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 and air pollutant emissions as well as noise pollution 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 and in particular , the supply of heavy - duty vehicles must be further stimulated , due to the less advanced level of market maturity of ' clean ' heavy - duty vehicles . the accounting of co2 emissions should be based on a well - to - wheel approach in order to do justice to the entire fuel supply chain from the extraction phase to the tailpipe . this will assess the environmental performance of vehicles in a more realistic way . therefore , the commission should establish the methodology for recording well - to - wheel emissions by 1 january 2022 at the latest , and adjust tables 2 and 3 accordingly . _________________ 26 com 676 final


### 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 to be achieved by 2025 and by 2030 is key for ensuring policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market development throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal , while at the same time helping to provide a good example for the public . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . member states are , however encouraged to apply more ambitious targets in accordance with their economic performance and exposure to pollution . considering that these parameters are often not uniform within a member state , an assessment of their reliability will be necessary so that the methodology can eventually be complemented . 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 . in view of the on - going developments in transport technologies , a mid - term review of these minimum target and an assessment of national parameters might be necessary to allow for an adaption of the values at a later stage .


### 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 2023 and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years : this new report must take account of ecological developments and the environmental priorities of member states over the last three years according to the same criteria applicable to all member states . to minimise administrative burden and additional cost for single public bodies and establish an effective market overview , simple reporting should be facilitated and the tendering procedures should be made online in order to increase transparency . 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 .


### this directive requires contracting authorities , contracting entities as well as certain operators to take into account lifetime energy and environmental impacts , including energy consumption and emissions of co2 and of certain pollutants , when purchasing road transport vehicles with the objectives of promoting and stimulating the market for clean and energy - efficient vehicles and improving the contribution of the transport sector to the environment , climate and energy policies of the community . ### article 1 is replaced by the following : ' this directive requires contracting authorities , contracting entities as well as certain operators to take into account lifetime energy and environmental impacts , including energy consumption and emissions of co2 and of certain pollutants , when purchasing , leasing , renting or hire - purchasing or retrofitting road transport vehicles with the objectives of promoting and stimulating the market for clean and energy - efficient vehicles and improving the contribution of the transport sector to the environment , climate and energy policies of the union . '


### article 2 exemptions 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 . ### ' article 2 is replaced by the following : ' 1 . member states may exempt from the requirements laid down in this directive contracts for the purchase , lease , rent or hire - purchase of vehicles : vehicles used for ambulance services or used in connection with sewerage , flood protection , water , gas and electricity maintenance services , road maintenance and control ; vehicles referred to in article 2 of directive 2007 / 46 / ec ; 2 . member states may exempt from the requirements laid down in this directive contracts for the purchase , lease , rent or hire - purchase of vehicles used for coach services . ' '


### 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 .


### 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 . '


### 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 .


### cpv code 60112000 - 6 60130000 - 8 60140000 - 1 60172000 - 3 90511000 - 2 60160000 - 7 60161000 - 4 cpv code 60112000 - 6 60130000 - 8 60140000 - 1 60172000 - 3 90511000 - 2 60160000 - 7 60161000 - 4 64121100 - 1 64121200 - 2 60120000 - 5 60170000 - 0 60171000 - 7 60181000 - 0 60180000 - 3 90511100 - 3 90511200 - 4 90511300 - 5 90511400 - 6 ### description public road transport services special - purpose road passenger - transport services non - scheduled passenger transport hire of buses and coaches with driver refuse collection services mail transport by road parcel transport services despription public road transport services special - purpose road passenger - transport services non - scheduled passanger transport hire of buses and coaches with driver refuse collection services mail transport by road parcel transport services mail delivery services parcel delivery services taxi services hire of passenger transport vehicles with driver hire of passenger cars with driver hire of trucks with driver hire of goods - transport vehicles with driver urban solid - refuse collection services household - refuse collection services litter collection services paper collecting services


### rules on designations of origin , geographical indications and traditional terms laid down in this section shall apply to the products referred to in points 1 , 3 to 6 , 8 , 9 , 11 , 15 and 16 of part ii of annex viii . ### article 92 is replaced by the following : “1 . rules on designations of origin , geographical indications and traditional terms laid down in this section shall apply solely to the products referred to in points 1 , 3 to 6 , 8 , 9 , 11 , 15 and 16 of part ii of annex viii . ”


### glühwein aromatised wine - based drink – which is obtained exclusively from red or white wine , – which is flavoured mainly with cinnamon and / or cloves , and – which has an actual alcoholic strength by volume of not less than 7 % vol . without prejudice to the quantities of water resulting from the application of annex i , point 2 , the addition of water is forbidden . where it has been prepared from white wine , the sales denomination ‘ glühwein’ must be supplemented by words indicating white wine , such as the word ‘ white’ . ### section b of annex ii , point 8 is replaced by the following : ' glühwein aromatised wine - based drink – which is obtained exclusively from red and / or white wine , – which is flavoured mainly with cinnamon and / or cloves , and – which has an actual alcoholic strength by volume of not less than 7 % vol . without prejudice to the quantities of water resulting from the application of annex i , point 2 , the addition of water is forbidden . where it has been prepared from white wine , the sales denomination ‘ glühwein’ must be supplemented by words indicating white wine , such as the word ‘ white’ . '


### the purpose of this directive is to enable qualified entities , which represent the collective interest of consumers , to seek remedy through representative actions against infringements of provisions of union law . the qualified entities should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress , such as compensation , repair or price reduction as available under national laws . ### the purpose of this directive is to enable qualified entities , which represent the collective interest of consumers in the cross - border cases , to seek remedy through representative actions against widespread cross - border infringements of provisions of union law , which are common to at least 100 consumers in at least 2 member states . the qualified entities that have received specific and exclusive mandates from consumers should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress , such as compensation , repair or price reduction as available under national laws .


### a representative action should offer an effective and efficient way of protecting the collective interests of consumers . it should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of union law and to overcome the obstacles faced by consumers within individual actions , such as the uncertainty about their rights and available procedural mechanisms , psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action . ### a representative action should offer an effective and efficient way of protecting the collective interests of all consumers against both internal and cross - border infringements . it should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of union law and to overcome the obstacles faced by consumers within individual actions , such as the uncertainty about their rights and available procedural mechanisms , previous experience of unsuccessful claims , excessively lengthy proceedings , psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action , thereby increasing legal certainty for both claimants and defendants , as well as for the legal system .


### it is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the single market . to prevent the misuse of representative actions , elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers should be avoided and clear rules on various procedural aspects , such as the designation of qualified entities , the origin of their funds and nature of the information required to support the representative action , should be laid down . this directive should not affect national rules concerning the allocation of procedural costs . ### it is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the single market and , by extension , the freedom to conduct a business under article 16 of the eu charter of fundamental rights . to prevent the misuse of representative actions , elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers should be avoided and clear harmonised rules on various procedural aspects , such as the designation of qualified entities , the origin of their funds and nature of the information required to support the representative action , should be laid down , taking account of national legal traditions . this directive should not affect national rules concerning the allocation of procedural costs .


### 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 may require qualified entities to provide sufficient information to support a representative action for redress , including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action . the qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action . in representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action , given the nature of the infringement and characteristics of the damages suffered by consumers concerned . ### member states should require qualified entities to provide sufficient information to support a representative action for redress , including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action . the qualified entity should be required to individually identify all consumers concerned by an infringement in order to initiate the action . in representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action , given the nature of the infringement and characteristics of the damages suffered by consumers concerned . in particular , the claims should be ascertainable and uniform and there should be a commonality in the measures sought , the action should represent at least 100 individual consumers from at least two member states , a representative action should be the most suitable way to bring forward the claims in the interest of multiple consumers , in particular if seeking redress measures by the individual consumers would create a risk of inconsistent decisions , individual consumers should be able to be identified and informed of the representation action in an adequate way , any third - party funding arrangement of the qualified entity should be suitable and fair , in particular the remuneration for the funder should be clearly stated and based on the redress effectively paid to consumers and not on the amount claimed or awarded by the court or settlement . member states should also ensure that the court or administrative authority has the authority to dismiss manifestly unfounded cases at the earliest possible stage of litigation .


### member states may require qualified entities to provide sufficient information to support a representative action for redress , including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action . the qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action . in representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action , given the nature of the infringement and characteristics of the damages suffered by consumers concerned . ### member states may require qualified entities to provide sufficient information to support a representative action for redress , including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action . the qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action . member states should provide for verification at the earliest possible stage of litigation so that cases in which conditions for collective actions are not met , and manifestly unfounded cases , are not continued


### this directive provides for a procedural mechanism , which does not affect the rules establishing substantive rights of consumers to contractual and non - contractual remedies in case their interests have been harmed by an infringement , such as the right to compensation for damages , contract termination , reimbursement , replacement , repair or price reduction . a representative action seeking redress under this directive can only be brought where union or national law provides for such substantive rights . ### this directive provides for a standard procedural mechanism that is harmonised at european level , which does not affect the rules establishing substantive rights of consumers to contractual and non - contractual remedies in case their interests have been harmed by an infringement , such as the right to compensation for damages , contract termination , reimbursement , replacement , repair or price reduction . a representative action seeking redress under this directive can only be brought where union or national law provides for such substantive rights .


### qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third party has sufficient resources in order to meet its financial commitments to the qualified entity . the information provided by the qualified entity to the court or administrative authority overseeing the representative action should enable it to assess whether the third party may influence procedural decisions of the qualified entity in the context of the representative action , including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant . if any of these circumstances is confirmed , the court or administrative authority should be empowered to require the qualified entity to refuse the relevant funding and , if necessary , reject standing of the qualified entity in a specific case . ### qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the qualified entity has sufficient resources in order to meet its financial obligations should the action fail . the information provided by the qualified entity at the earliest stage of the proceeding to the court or administrative authority overseeing the representative action should enable it to assess whether any third party may influence procedural decisions of the qualified entity in general and in the context of the representative action , including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant . if any of these circumstances is confirmed , the court or administrative authority must be empowered to require the qualified entity to refuse the relevant funding and , if necessary , reject standing of the qualified entity in a specific case or stay proceedings . member states should provide that where third party funding is permitted and in order to avoid the risks of abusive litigation member states should be able to implement a licencing system through a public authority by which third party funders are licensed and subject to strict professional obligations and registered in a public registry for funders . where such systems exist , member states should ensure that third party funders have a legal obligation to act in the best interest of the qualified entity and the consumers it represents . furthermore , member states should prohibit third party funders and law firms from establishing qualified entities , law firms from owning third party funders and vice versa , and third party funders from basing remuneration on the settled or awarded compensation .


### to be effective , the information should be adequate and proportional to the circumstances of the case . the infringing trader should adequately inform all consumers concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority . such information may be provided for instance on the trader ' s website , social media , online market places , or in popular newspapers , including those distributed exclusively by electronic means of communication . if possible , consumers should be informed individually through electronic or paper letters . this information should be provided in accessible formats for persons with disabilities upon request . ### to be effective , the information should be adequate and proportional to the circumstances of the case . member states should ensure that the court or the administrative authority may require the defeated party to adequately inform all consumers concerned of a final decision concerning injunction and redress issued within the representative action , and both parties in cases of a settlement approved by a court or administrative authority . such information may be provided for instance on the website , social media , online market places , or in popular newspapers , including those distributed exclusively by electronic means of communication . this information should be provided in accessible formats for persons with disabilities upon request .


### to enhance legal certainty , avoid inconsistency in the application of union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow - on actions for redress , the finding of an infringement established in a final decision , including a final injunction order under this directive , issued by an administrative authority or a court should not be relitigated in subsequent legal actions related to the same infringement by the same trader as regards the nature of the infringement and its material , personal , temporal and territorial scope as determined by that final decision . where an action seeking measures eliminating the continuing effects of the infringement , including for redress , is brought in a member state other than the member state where a final decision establishing this infringement was issued , the decision should constitute a rebuttable presumption that the infringement has occurred . ### to enhance legal certainty , avoid inconsistency in the application of union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow - on actions for redress , the finding of an infringement or a non - infringement established in a final decision , including a final injunction order under this directive , issued by an administrative authority or a court should not be relitigated in subsequent legal actions related to the same infringement or non - infringement by the same trader as regards the nature of the infringement or non - infringement and its material , personal , temporal and territorial scope as determined by that final decision . where an action seeking measures eliminating the continuing effects of the infringement , including for redress , is brought in a member state other than the member state where a final decision establishing this infringement or non - infringement was issued , the decision may be considered as evidence that the infringement has or has not occurred in related cases .


### having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers , member states should ensure that qualified entities are not prevented from bringing representative actions under this directive because of the costs involved with the procedures . ### having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers , member states should ensure that qualified entities are not prevented from bringing representative actions under this directive because of the costs involved with the procedures . however , subject to the relevant conditions under national provisions , this should be without prejudice to the fact that the party that loses a representative action reimburses necessary legal costs borne by the winning party . the unsuccessful party should bear the costs of the proceedings . however , the court or administrative authority should not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim .


### cooperation and exchange of information between qualified entities from different member states have proven to be useful in addressing cross - border infringements . there is a need for continuing and expanding the capacity - building and cooperation measures to a larger number of qualified entities across the union in order to increase the use of representative actions with cross - border implications . ### cooperation and exchange of information , good practices and experience between qualified entities from different member states have proven to be useful in addressing cross - border infringements . there is a need for continuing and expanding the capacity - building and cooperation measures to a larger number of qualified entities across the union in order to increase the use of representative actions with cross - border implications .


### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers , while ensuring appropriate safeguards to avoid abusive litigation . ### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers , thus achieving a high level of consumer protection and , in particular , of access to justice , while ensuring appropriate safeguards at eu and member state level and their consistent eu - wide application to avoid abusive litigation .


### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers , while ensuring appropriate safeguards to avoid abusive litigation . ### this directive sets out rules enabling qualified entities to seek representative actions collective interests of consumers , while at the same time ensuring appropriate safeguards to avoid abusive litigation .


### this directive shall not prevent member states from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level . ### this directive shall not prevent member states from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned comparable procedural means to bring actions aimed at the protection of the collective interests of consumers at national level . the representation mechanism shall meet the criteria of independence , impartiality and transparency set out in article 4 of this directive .


### this directive shall apply to representative actions brought against infringements by traders of provisions of the union law listed in annex i that harm or may harm the collective interests of consumers . it shall apply to domestic and cross - border infringements , including where those infringements have ceased before the representative action has started or before the representative action has been concluded . ### this directive shall apply to representative actions brought against widespread infringements by traders of provisions of the union law listed in annex i that harm or may harm the collective interests of consumers . it shall apply to cross - border infringements , including where those infringements have ceased before the representative action has started or before the representative action has been concluded .


### this directive is without prejudice to the union rules on private international law , in particular rules related to court jurisdiction and applicable law . ### pursuant to article 4 of regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters , for actions taken pursuant to this directive , traders domiciled in a member state shall , wherever the infringement took place , be sued in the courts of that member state .


### ‘ trader’ means any natural person or any legal person , irrespective of whether privately or publicly owned , who is acting , including through any other person acting in their name or on their behalf , for purposes relating to their trade , business , craft or profession ; ### ‘ trader’ means any natural person or any legal person , irrespective of whether privately or publicly owned , who is acting in a civil capacity under the rules of civil law , including through any other person acting in their name or on their behalf , for purposes relating to their trade , business , craft or profession ;


### qualified entities ### qualified and redress entities


### member states shall designate an entity as qualified entity if it complies with the following criteria : ### member states shall designate an entity as qualified entity if it complies with all of the following criteria :


### member states shall designate an entity as qualified entity if it complies with the following criteria : ### member states may designate an entity as a qualified entity if it complies with the following criteria :


### it has a legitimate interest in ensuring that provisions of union law covered by this directive are complied with ; ### its statutes , governance and track record demonstrate its legitimate interest in protecting consumers and ensuring that provisions of union law covered by this directive are complied with ;


### it has a legitimate interest in ensuring that provisions of union law covered by this directive are complied with ; ### it has a legitimate interest in ensuring that provisions of union law covered by this directive are complied with as reflected by its mission , goals and statute ;


### the compliance by a qualified entity with the criteria referred to in paragraph 1 is without prejudice to the right of the court or administrative authority to examine whether the purpose of the qualified entity justifies its taking action in a specific case in accordance with article 5 . ### without prejudice to the compliance by a qualified entity with the criteria referred to in paragraph 1 , the court or administrative authority shall examine whether the purpose of the qualified entity justifies its taking action in a specific case in accordance with article 4a and 5 .


### member states shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under union law that are claimed to have been violated in respect of which the action is brought . ### member states shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under union law that are claimed to have been violated in respect of which the action is brought . in representative actions for redress the court or administrative authority shall verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action , given the nature of the infringement and characteristics of the damage suffered by consumers concerned .


### member states shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under union law that are claimed to have been violated in respect of which the action is brought . ### member states shall ensure that representative actions can be brought before national courts or administrative authorities only by qualified entities accredited in accordance with article 4 and provided that there is a direct relationship between the main objectives of the entity and the rights granted under union law that are claimed to have been violated in respect of which the action is brought .


### member states shall ensure that qualified entities are entitled to bring representative actions seeking the following measures : ### member states shall ensure that qualified entities are entitled to bring representative actions seeking the following measures if necessary to avoid serious and irreparable harm :


### member states shall ensure that qualified entities are entitled to bring representative actions seeking the following measures : ### to avoid irremediable damage , member states shall ensure that qualified entities are entitled to bring representative actions seeking the following measures :


### an injunction order as an interim measure for stopping the practice or , if the practice has not yet been carried out but is imminent , prohibiting the practice ; ### an injunction order as an interim measure for stopping illegal practice or , if the practice has not yet been carried out but is imminent , prohibiting the illegal practice ;


### member states shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement . these measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of union law listed in annex i harming collective interests of consumers , including a final injunction order referred to in paragraph . ### member states shall ensure that only certain qualified entities identified in article 6 , are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement . these measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of union law listed in annex i harming collective interests of consumers , including a final injunction order referred to in paragraph .


### the qualified entity shall provide sufficient information as required under national law to support the action , including a description of the consumers concerned by the action and the questions of fact and law to be resolved . ### by way of admissibility criteria , the qualified entity shall provide to the court or administrative authority evidence that it complies with the requirements set out in article 4 and sufficient information as required under national law to support the action , including a description of the consumers concerned by the action and the questions of fact and law to be resolved . the court or administrative authority shall verify issues relating to conflict of interest and transparency in line with article 7 .


### the qualified entity shall provide sufficient information as required under national law to support the action , including a description of the consumers concerned by the action and the questions of fact and law to be resolved . ### the qualified entity shall provide sufficient information as required under national law to support the action , including a description of the consumers concerned by the action , the questions of fact and law to be resolved and evidence supporting at least 10 cases as appearing well - founded which have sufficient similarity in character and amount to justify the cases being heard together .


### the qualified entity shall provide sufficient information as required under national law to support the action , including a description of the consumers concerned by the action and the questions of fact and law to be resolved . ### the qualified entity shall provide sufficient evidence and facts as required under national law to support the action , including a list of the consumers mandating the action and the questions of fact and law to be resolved .


### the redress obtained through a final decision in accordance with paragraphs 1 , 2 and 3 shall be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . ### the redress obtained through a final decision in accordance with paragraphs 1 , 2 and 3 shall be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . the res judicata principle shall be respected in the application of this provision .


### the redress obtained through a final decision in accordance with paragraphs 1 , 2 and 3 shall be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . ### the redress obtained through a final decision in accordance with paragraphs 2 shall exclude any additional rights to redress that the consumers concerned may have under union or national law regarding the same trader and regarding the same infringement .


### funding ### funding , fees for lawyers and intermediaries and costs


### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail . ### in accordance with article 4 , the qualified entity seeking a redress order as referred in article 6 shall submit to the court or administrative authority at the earliest stage of the action a complete financial overview , listing all sources of funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail .


### member states shall ensure that in cases where a representative action for redress is funded by a third party , it is prohibited for the third party : ### member states shall prohibit qualified entities from receiving any part of the financing of the actions foreseen by articles 5 and 6 from commercial third party funders .


### member states shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case . ### member states shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 1 and 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case .


### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such a request should be admitted by the court or administrative authority only if there is no other ongoing representative action in front of the court or administrative authority of the same member state regarding the same trader and regarding the same practice . ### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers who have chosen to be represented in the action and who have been affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . once approved , the settlement reached shall be binding and preclude any additional individual or collective rights for redress of consumers that have specifically and exclusively mandated the collective action regarding the same trader and regarding the same practice .


### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such a request should be admitted by the court or administrative authority only if there is no other ongoing representative action in front of the court or administrative authority of the same member state regarding the same trader and regarding the same practice . ### member states may provide that a&#160 ; redress entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such a request should be admitted by the court or administrative authority only if there is no other ongoing representative action in front of the court or administrative authority of the same member state regarding the same trader and regarding the same practice .


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### where a settlement or final decision may benefit consumers who may be unaware of it , member states shall ensure that the court or administrative authority may require the defeated party or both parties in case of a settlement , to publish at its expense the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits .


### member states shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court , including a final injunction order referred to in article 5 , is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement . ### member states shall ensure that a final decision of an administrative authority or a court , including a final injunction order referred to in article 5 , is deemed as irrefutably establishing the existence or non - existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same facts .


### member states shall ensure that a final decision referred to in paragraph 1 , taken in another member state is considered by their national courts or administrative authorities as a rebuttable presumption that an infringement has occurred . ### member states shall ensure that a final decision referred to in paragraph 1 , taken in another member state should be included in the file for relevant cases by their national courts or administrative authorities . it may be considered as evidence in related cases .


### member states shall ensure that the submission of a representative action as referred to in articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned , if the relevant rights are subject to a limitation period under union or national law . ### in accordance with national law , member states shall ensure that the submission of a representative action as referred to in articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned , if the relevant rights are subject to a limitation period under union or national law .


### 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 .


### member states shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in articles 5 and 6 , such as limiting applicable court or administrative fees , granting them access to legal aid where necessary , or by providing them with public funding for this purpose . ### member states shall be encouraged &#8211 ; in line with article 7 &#8211 ; to ensure that qualified entities have sufficient funds available for representative actions . they may take the necessary measures to ensure that procedural costs related to specific representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in articles 5 and 6 , such as limiting applicable court or administrative fees , granting them access to legal aid where necessary , or by providing them with public funding for this purpose . in any case , qualified entities shall bear a reasonably high share of resulting costs .


### member states shall take the measures necessary to ensure that any qualified entity designated in advance in one member state in accordance with article 4 may apply to the courts or administrative authorities of another member state upon the presentation of the publicly available list referred to in that article . the courts or administrative authorities shall accept this list as proof of the legal standing of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case . ### member states shall take the measures necessary to ensure that any qualified entity accredited in advance in one member state in accordance with article 4 may apply to the courts or administrative authorities of another member state upon the presentation of the publicly available list referred to in that article . however , the courts or administrative authorities shall review the legal standing of the qualified entity by examining whether the purpose of the qualified entity justifies its taking action in a specific case .


### if a member state or the commission raises concerns regarding the compliance by a qualified entity with the criteria laid down in article 4 , the member state that designated that entity shall investigate the concerns and , where appropriate , revoke the designation if one or more of the criteria are not complied with . ### if a member state , the commission or the trader raises concerns regarding the compliance by a qualified entity with the criteria laid down in article 4 , the member state that designated that entity shall investigate the concerns and , where appropriate , revoke the designation if one or more of the criteria are not complied with .


### the union and the member states have an open investment environment , which is enshrined in the treaty on the functioning of the european union and embedded in the international commitments undertaken by the union and its member states with respect to foreign direct investment . ### the union and the member states have an open investment environment , which is enshrined in the treaty on the functioning of the european union and embedded in the international commitments undertaken by the union and its member states with respect to foreign direct investment . considering this openness the european union should foster the level playing field in the relations with third countries .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , strategic assets , technologies , including key enabling technologies , strategic and sensitive data , strategic interests , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly ( e . g . through significant funding , including subsidies , extended credit and lending by the government of a third country or by a state - owned financial institution by the government of a third country .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . this should also include the security of supply of food , including investments in agricultural land and other agricultural assets . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country .


### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them . ### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission or the coordination group . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission may screen foreign direct investments that are likely to : affect projects or programmes of union interest on the grounds of one or more than one member state’s or the union’s security or public order ; affect the security or public order of more than one member state or the union as a whole ; threaten the mid - and long - term economic security of the union , as defined as key know - how and technologies and listed in annex ii .


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of security or public order , member states and the commission shall consider the potential effects on , inter alia :


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . they may also take into consideration the lack of reciprocity on the part of an investor’s country of origin , in particular as regards the extent to which public procurement there is open to eu undertakings .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order of one or more than one member state or the union as a whole , or the mid - and long - term economic security of the union , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding .


### confidential information , including commercially - sensitive information , made available by foreign investors and undertaking concerned shall be protected . ### confidential information , including commercially - sensitive information , made available by foreign investors and undertaking concerned shall be highly protected .


### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel . ### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its national or the union’s security or public order , it shall indicate this to the commission and to the member state where the foreign direct investment is planned or has been completed . the commission shall take adequate action as outlined in article 9 .


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in more than one member state or the union as a whole , it shall indicate this to the member state in which the foreign direct investment is planned or has been completed . the commission shall take adequate action as outlined in article 9 , irrespective of whether other member states have provided comments .