### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives and criteria referred to in article 5 .


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


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including public agencies owned or controlled by member states , and private sector entities .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi shall be governed by a steering board . 1a . the steering board shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with this regulation and shall set - up investment guidelines to this end for the use of the eu guarantee to be implemented by the investment committee .


### in order to enable the efsi to support investments , the union should grant a guarantee of an amount equal to eur 16 000 000 000 . when provided on a portfolio basis , the guarantee coverage should be capped depending upon the type of instrument , such as debt , equity or guarantees , as a percentage of the volume of the portfolio of outstanding commitments . it is expected that when the guarantee is combined with eur 5 000 000 000 to be provided by the eib , that the efsi support should generate eur 60 800 000 000 additional investment by the eib and eif . this eur 60 800 000 000 supported by the efsi is expected to generate a total of eur 315 000 000 000 in investment in the union within the period 2015 to 2017 . guarantees that are attached to projects which are completed without a call on a guarantee are available for supporting new operations . ### in order to enable the efsi to support investments , the union should grant a guarantee of an amount equal to eur 16 000 000 000 . when provided on a portfolio basis , the guarantee coverage should be capped depending upon the type of instrument , such as debt , equity or guarantees , as a percentage of the volume of the portfolio of outstanding commitments . it is expected that when the guarantee is combined with eur 5 000 000 000 to be provided by the eib , that the efsi support should generate eur 60 800 000 000 additional investment by the eib and eif . this eur 60 800 000 000 supported by the efsi is expected to generate a total of at least eur 315 000 000 000 in investment in the union within a period of three years starting from the entry into force of this regulation . guarantees that are attached to projects which are completed without a call on a guarantee are available for supporting new operations within the availability period of the guarantee .


### comprehensive action is required to reverse the vicious circle created by a lack of investment . structural reforms and fiscal responsibility are necessary preconditions for stimulating investment . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential . ### comprehensive action is required to reverse the vicious circle created by a lack of investment . in order to improve european competitiveness and to facilitate the market certainty needed , stable public finances and structural reforms are preconditions for investments in europe coming back to the levels where they should be . there is a need to get rid of regulations hindering or delaying investments , to open up the internal market for investments and to safeguard that financial markets and european banks can provide liquidity , market making and loans to finance the investments needed . along with a renewed impetus towards investment financing , these preconditions can contribute to establishing a virtuous circle , where investment projects help support employment and demand and lead to a sustained increase in growth potential .


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


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### in order to ensure additionality over existing operations , the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that create sustainable jobs and promote short - , medium - and long - term growth as well as competitiveness , including through innovation and the development and diffusion of technology . the efsi should support a wide range of financial products , including equity , quasi - equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for , or crowd - out , private market finance or products provided by regional and national promotional banks , but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


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


### subsequent to a call on the eu guarantee , endowments to the guarantee fund provided for in points , and of paragraph 2 over and above the target amount shall be used to restore the eu guarantee up to its initial amount . ### subsequent to a call on the eu guarantee , endowments to the guarantee fund provided for in points , and of paragraph 2 shall be used to restore the eu guarantee up to its target amount . any remaining remuneration shall constitute internal assigned revenue in accordance with article 21 of regulation no 966 / 2012 for any lines which may have been used as a source of redeployment to the efsi guarantee fund .


### the terms of the funding which shall be provided by the eib through the efsi to the european investment fund ; ### the arrangements concerning the eu guarantee , that shall be an unconditional , irrevocable , first demand guarantee in favour of the eib , including : detailed rules on the provision of the eu guarantee , in accordance with article 7 , among which its modalities of coverage , its defined coverage of portfolios of specific types of instruments ; ii ) requirements that remuneration for risk - taking be allocated amongst contributors in proportion with their respective risk share in risk taking ; iii ) requirements that remuneration to the union and payments on the eu guarantee shall be made in timely manner and only occur once a year after remuneration and losses from operations have been netted ; iv ) requirements governing the use of the eu guarantee in accordance with article 5 of this regulation , among which payment conditions , such as specific time frames , interest on due amounts and the necessary liquidity arrangements ; v ) provisions and procedures relating to recovery of claims that shall be entrusted to the eib , in line with article 7 ;


### at the level of projects , third parties may co - finance together with efsi on a project - by - project basis or in investment platforms related to specific geographic or thematic sectors . ### at the level of projects , third parties may co - finance together with efsi on a project - by - project basis or in investment platforms related to specific geographic or thematic sectors . special attention should be given to investment platforms that focus on transformative sectors with high economic and societal added value , and investment platforms that aggregate small scale sustainable and innovative projects , notably driven by regions , cities and smes ; for example energy efficiency projects such as the refurbishment of building stock and smart grids projects such as digital infrastructure modernization and new citizen services based on digital innovative tools .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects in the sectorial domains specified in the regulation as well as geographic markets within the union . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added contributing to the economic , social and territorial cohesion of the union and to achieving union policy objectives .


### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon and complement existing eib and commission advisory services where possible in a decentralised manner in order to provide advisory support for investment project identification , preparation and development and act as a single technical advisory hub for project financing in the framework of efsi . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate and without prejudice to the competence of the commission to oversee the application of union law , on relevant issues of eu legislation .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments and knowledge and valorisation within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness , potentially preventing a realization of the europe 2020 targets and objectives for smart , sustainable and inclusive growth .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of private investments that could contribute to competitiveness and new jobs . the fall of investments is due to instable public finances , increased debt burdens and high interest rates resulting in low growth and market uncertainty regarding the economic future . stabilized public finances have , where this has been achieved , given lower interest rates and a slow but not sufficient rice of investments . there is a need to increase the attractiveness to invest in european business , in new companies as well as established and growing industries and the infrastructure of a modern knowledge economy . investments in research , science and development are essential in order to improve european competitiveness


### investment in education and training , health , research and development , information and communications technology and innovation ; ### research and development and innovation ;


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources , including from private or public banks , from regional or national promotional banks , or from the eib , on reasonable terms .


### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi . ### many small and medium enterprises , as well as mid - cap companies , across the union require assistance to attract market financing , especially as regards investments that carry a greater degree of risk . the efsi should help these businesses to overcome capital shortages and market failures by allowing the eib and the european investment fund to provide direct and indirect equity injections , as well as to provide guarantees for high - quality securitisation of loans , and other products that are granted in pursuit of the aims of the efsi .


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


### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union . ### alongside the financing operations that will be conducted through the efsi , a european investment advisory hub should be created . the eiah should provide strengthened support for project development and preparation across the union , by building on the expertise of the commission , the eib , national promotional banks and the managing authorities of the european structural and investment funds . this should establish a single point of entry for questions related to technical assistance for investments within the union where possible providing technical assistance on a decentralised basis . the setting up of the eiah as a single entry point and the new services provided by it shall in no way alter the objective of existing technical assistance programmes or affect the quality or capacity of these in carrying out their dedicated tasks .


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to consumers in certain territories , for reasons related to the nationality or place of residence or of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary .


### each member state shall confer responsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and a trader arising from the application of this regulation . each member state shall designate a body or bodies responsible for that task . ### each member state shall designate a body or bodies responsible for providing practical assistance to consumers in the event of a dispute between a consumer and a trader arising from the application of this regulation .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market and to achieve a high level of consumer ' s protection by preventing discrimination based , directly or indirectly , on the nationality or place of residence of consumers .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection , the version of the online interface which the consumer initially sought to access shall remain easily accessible by the consumer .


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


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


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


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


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


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


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


### ' general conditions of access ' means all terms , conditions and other information , including sale prices , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ; ### ' general conditions of access ' means all terms , conditions and other information , including net sale prices , regulating access by consumers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the consumer ;


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### provisions of agreements imposing on traders obligations , in respect of passive sales within the meaning of regulation 330 / 2010 , to act in violation of this regulation shall be automatically null and void .


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


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept . in accordance with the rules of regulation 2015 / 751 and directive 2015 / 2366 , retailers accepting a card - based payment instrument of a specific brand and category are not under an obligation to accept card - based payment instruments of the same category but of a different brand . likewise retailers accepting a debit card of a given brand are under no obligation to accept credit card of that brand , or when accepting consumer credit cards of a given brand also to accept commercial credit card of the same brand . equally , a trader accepting credit transfers or direct debits is under no obligation to accept the payment , if this requires entering into a new or modified contract with a payment service provider . however , once this choice has been made , there are no reasons for traders to discriminate consumers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality or place of residence of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . the trader should remain free to request charges for the use of a payment instrument . however , this right is subject to the restrictions introduced by article 62 of directive 2015 / 2366 .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### receive electronically supplied services from the trader , other than services the main feature of which is the provision of access to and use of copyright - protected works or other protected subject matter ;


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


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain member states , for reasons related to the nationality , place of residence or temporary location of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of a member state in accordance with union law .


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


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking or limitation of access or the redirection is necessary in order for a trader or online marketplace to comply with a legal requirement in union law or in the laws of a member state in accordance with union law . the trader or the online marketplace shall justify the reasons for compliance in the language of the online interface that the consumer initially sought to access .


### each member state shall confer responsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and a trader arising from the application of this regulation . each member state shall designate a body or bodies responsible for that task . ### each member state shall designate a body or bodies responsible for providing practical assistance to consumers in the event of a dispute between a consumer and a trader arising from the application of this regulation .


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall be without prejudice to union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 , and point of article 17 of regulation 1215 / 2012 . in particular , where a trader acting , in accordance with articles 3 , 4 and 5 , does not block or limit customers ' access to his or her online interface , does not redirect customers to a version of his or her online interface that is different from the online interface to which the customer first sought access , regardless of their nationality or place of residence , place of temporary location or place of establishment , does not apply different general conditions of access when selling goods or providing services in situations laid down in this regulation or where the trader accepts payment instruments issued in another member state on a non - discriminatory basis , that trader shall not be considered as directing his or her activities to the member state where the consumer has the habitual residence or domicile .


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


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


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the scope of this regulation to other sectors such as audio - visual services , financial or electronic communication services , transport services or healthcare services .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . that may mean that a foreign consumer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , the trader has no obligation to cover any additional costs of the cross - border delivery . furthermore , there is no need to register for value added tax in the member state of the consumer , nor arrange for the cross - border delivery of goods .


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


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


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual copyright - protected works when a copyrighted content is blocked for reasons that are not copyright and electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , nevertheless the commission should review possibilities to include it in the scope of the regulation , notwithstanding the provisions of this regulation regarding non - discrimination in payments .


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


### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . however , as regulation no 2006 / 2004 only applies with respect to laws that protect consumers ' interests , those measures should be available only when the customer is a consumer . regulation no 2006 / 2004 should therefore be amended accordingly . __________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . __________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws .


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


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


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


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain member states , for reasons related to the nationality , place of residence or temporary location of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of a member state in accordance with union law .


### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of these provisions , the risk of payment fraud in national and cross - border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the union . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec . ### directive 2015 / 2366 / eu of the european parliament and of the council28 introduced strict security requirements for the initiation and processing of electronic payments , which reduced the risk of fraud for all new and more traditional means of payment , especially online payments . payment service providers are obliged to apply so - called strong customer authentication , an authentication process that validates the identity of the user of a payment service or of the payment transaction . for remote transactions , such as online payments , the security requirements go even further , requiring a dynamic link to the amount of the transaction and the account of the payee , to further protect the user by minimising the risks in case of mistakes or fraudulent attacks . as a result of those provisions , the risk of payment fraud in cross - border purchases has been significantly reduced . however , in case of direct debits where the trader might not be able to assess a consumer ' s creditworthiness properly , or it would require entering into a new or modified contract with the payment solution providers , the trader should be allowed to request an advance payment via sepa credit transfer before dispatching the goods or providing the service . different treatment is therefore justifiable in situations where there are no other means available to the trader to verify the creditworthiness of the consumer . __________________ 28 directive 2015 / 2366 of the european parliament and of the council of 25 november 2015 on payment services in the internal market , amending directives 2002 / 65 / ec , 2009 / 110 / ec and 2013 / 36 / eu and regulation no 1093 / 2010 , and repealing directive 2007 / 64 / ec .


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


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


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


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


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


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


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


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


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


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


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


### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the prohibition of article 4 should also apply to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the scope of this regulation should be extended to cover additional sectors such as audio - visual , financial , transport , electronic communication or healthcare services .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 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 . ### article 23 of regulation no 593 / 2008 of the european parliament and of the council24 allows for union law to lay down , in relation to particular matters , conflict - of - law rules relating to contractual obligations . similarly , article 67 of regulation no 1215 / 2012 of the european parliament and of the council25 allows for other union instruments to govern jurisdiction in specific matters . in order to enhance legal certainty for both traders and consumers and thus foster cross - border trade , this regulation introduces specific provisions concerning conflict - of - law rules and rules on jurisdiction with regard to consumer contracts . a trader could indicate in a clear and comprehensible manner on his online interface or in his general conditions of access that he intends to sell to consumers from one or more member states . where a consumer from a member state not indicated by the trader nevertheless seeks to conclude such a contract pursuant to article 4 of this regulation , the law applicable should be determined pursuant to articles 3 and 4 of regulation no 593 / 2008 . article 6 of regulation no 593 / 2008 should not apply . moreover , in such matters proceedings can be brought by the parties in the courts of the member state in which the trader is domiciled . article 18 of regulation no 1215 / 2012 should not apply . irrespective of these measures , this regulation should be without prejudice to union rules concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , including the application of those acts and provisions in individual cases . a trader may indicate on his or her website or in his or her general conditions of access , in a clear and comprehensible manner , that he or she is complying with this regulation and thereby promotes the aim of this regulation to abolish unjustified geo - blocking . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 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 .


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


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


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