### financial contributions to the administrative budget of the prima - is not covered by the union contribution as set out in article 3 . ### financial or in - kind contributions to the administrative budget of the prima - is not covered by the union financial contribution as set out in article 3 .


### in - kind contributions referred to in point of paragraph 2 of this article shall consist of costs incurred by the participating states through their national funding bodies in implementing activities referred to in article 6 , less any direct or indirect union financial contribution to those costs . ### in - kind contributions referred to in point of paragraph 2 of this article shall consist of costs incurred by the participating states through their national funding bodies in implementing activities referred to in article 6 , less any direct or indirect union ' s financial contribution to those costs .


### activities may only be funded under prima if they are set out in the prima annual work plan . the prima annual work plan shall distinguish between the activities referred to in point of paragraph 1 , the activities referred to in point of that paragraph , as well as the administrative costs of the prima - is . it shall provide for their corresponding expenditure estimates as well as for the budget allocation to activities funded with union contribution and to activities funded by the participating states through their national funding bodies without union contribution . the prima annual work plan shall also include the estimated value of the participating states ' in kind contributions referred to in article 5 . ### activities may only be funded under prima if they are set out in the prima annual work plan . the prima annual work plan shall distinguish between the activities referred to in point of paragraph 1 , the activities referred to in point of that paragraph , as well as the administrative costs of the prima - is . it shall provide for their corresponding expenditure estimates as well as for the budget allocation to activities funded with union ' s financial contribution referred to in article 3 and to activities funded by the participating states without union ' s financial contribution referred to in article 3 . the prima annual work plan shall also include the estimated value of the participating states ' in kind contributions referred to in article 5 .


### activities to be funded by the participating states through their national funding bodies without union contribution may only be included in the prima annual work plan following the positive outcome of their external independent evaluation by international peer review with regard to the objectives of prima , as organised by the prima - is . ### activities to be funded by the participating states without union ' s financial contribution referred to in article 3 may only be included in the prima annual work plan following the positive outcome of their external independent evaluation by international peer review with regard to the objectives of prima , as organised by the prima - is .


### one established in a member state or in a country associated to horizon 2020 , and ### one established in a member state or in a country associated to horizon 2020 not covered by point , and


### in addition to the participants eligible for funding under article 10 of regulation no 1290 / 2013 , any legal entity established in a participating state shall be eligible for funding . ### by way of derogation from article 10 and of regulation no 1290 / 2013 , the following participants shall be eligible for funding by the prima - is : any legal entity created under union law and established in a participating state ; any international european interest organisation . 4a . in the case of an international organisation which is not eligible for funding by the prima - is , funding may be granted provided that at least one of the following conditions is fulfilled : participation is deemed to be essential by the prima - is for carrying out the action ; such funding is provided for under a bilateral scientific and technological agreement or any other arrangement between the union and the international organisation . 4b . in the case of a legal entity created under union law and established in a country which is not a participating state , funding by the prima - is may be granted provided that at least one of the following conditions is fulfilled : participation is deemed to be essential by the prima - is for carrying out the action ; an ad hoc funding arrangement is found between prima - is and the third country in which the legal entity is established .


### if prima is not implemented or is implemented inadequately , partially or late , the commission may terminate , proportionally reduce or suspend the union ' s financial contribution in line with actual implementation of prima . ### if prima is not implemented or is implemented inadequately , partially or late , the commission may terminate , proportionally reduce or suspend the union ' s financial contribution referred to in article 3 in line with the actual implementation of prima .


### if the participating states do not contribute , contribute partially or late to the financing of prima the commission may terminate , proportionally reduce or suspend the union’s financial contribution , taking into account the amount of funding allocated by the participating states to implement prima . ### if the participating states do not contribute , contribute partially or late to the financing of prima the commission may terminate , proportionally reduce or suspend the union’s financial contribution referred to article 3 , taking into account the amount of funding allocated by the participating states to implement prima .


### manage the financial contributions from the union and the participating states and report on their use ; ### manage the union ' s financial contribution referred to in article 3 and financial contributions from the participating states and report on their use ;


### by 30 june 2022 the commission shall conduct an interim evaluation of prima . the commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the commission . the commission shall send that report to the european parliament and to the council by 31 december 2022 . ### by 30 june 2022 the commission shall conduct with the assistance of independent experts an interim evaluation of prima . the commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the commission . the commission shall send that report to the european parliament and to the council by 31 december 2022 .


### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication , including when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the parties involved in a communication . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and personal messaging provided through social media . ### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communications , including information regarding when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the communication parties . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , in - platform messages between users of a social network , e - mail , internet phone calls and personal messaging provided through social media .


### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in end - users’ terminal equipment . ### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to providers of equipment permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or process information related to or stored in end - users’ terminal equipment .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users’ consent . ### any processing of electronic communications data or any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , by persons other than the end - users , should be prohibited . when the processing is allowed under any exception to the prohibitions under the this regulation , any other processing of the electronic communications data on the basis of article 6 of the regulation 2016 / 679 shall be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . this would not prevent controllers from asking for additional consent for new processing operations . the prohibition of interception of communications data should apply also during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee and any temporary files in the network after receipt . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of end users’ electronic communications metadata , including browsing habits without the end - users’ consent .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users’ consent . ### electronic communications data should be treated as confidential . this means that any processing of electronic communications data or any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of the user requesting a specific service or of all the communicating parties should be prohibited . when the processing is allowed under this regulation , any other processing on the basis of article 6 of regulation 2016 / 679 should be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . the prohibition of processing of communications data should apply during their conveyance and when they are stored afterwards , in order to reflect the growing trend that subscribers do not store all communications data on their own terminal equipment , but use cloud - based storage space of the communications provider or other parties . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of customers’ traffic data , including browsing habits without the users’ consent .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users ' consent . ### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should also apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee , and when stored . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , injecting ads or other content and analysis of customers´ traffic data , including browsing habits without the end - users ' consent .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . where a type of processing of electronic communications data for these purposes is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device ' s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user ' s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ' device fingerprinting ' , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users ' terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device ' s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities or to instigate certain technical operations or tasks , often without the knowledge of the user . information related to the end - user ' s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ' device fingerprinting ' , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users ' terminal equipment pose a serious threat to the privacy of end - users . a high and equal level of protection of the private sphere of users’ needs to be ensured in relation to the privacy and confidentiality of users’ terminal equipment content , functioning and use . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific , limited , and transparent purposes


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to temporarily restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . therefore , this regulation should not prohibit member states from carrying out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should not be obliged by union or member states competent authorities to weaken any measures that ensure the integrity and confidentiality of electronic communications .


### safeguards should be provided to protect end - users against unsolicited communications for direct marketing purposes , which intrude into the private life of end - users . the degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications , whether using automated calling and communication systems , instant messaging applications , emails , sms , mms , bluetooth , etc . it is therefore justified to require that consent of the end - user is obtained before commercial electronic communications for direct marketing purposes are sent to end - users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons . legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future - proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications , while at the same time guaranteeing an equivalent level of protection for all citizens throughout the union . however , it is reasonable to allow the use of e - mail contact details within the context of an existing customer relationship for the offering of similar products or services . such possibility should only apply to the same company that has obtained the electronic contact details in accordance with regulation 2016 / 679 . ### safeguards should be provided to protect end - users against unsolicited communications for direct marketing purposes , which intrude into the private life of end - users . the degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications , whether using automated calling and communication systems , instant messaging applications , emails , sms , mms , bluetooth , etc . it is therefore justified to require that consent of the end - user is obtained before commercial electronic communications for direct marketing purposes are sent to end - users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons . legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future - proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications , while at the same time guaranteeing an equivalent level of protection for all citizens throughout the union . however , it is reasonable to allow the use of e - mail contact details within the context of an existing customer relationship for the offering of similar products or services . such possibility should only apply to the same company that has obtained the electronic contact details in accordance with regulation 2016 / 679 and only for a limited time period .


### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; ### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including but not limited to , data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; it includes data broadcast or emitted by the terminal equipment to identify end - users ' communications and / or terminal equipment in the network and enable it to connect to such network or to another device .


### providers of electronic communications networks and services may process electronic communications data if : ### providers of electronic communications networks and services may process electronic communications data only if :


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , and any other electronic communications data identifying end - users , other than by the end - user concerned shall be prohibited , except on the following grounds :


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications networks for the purposes of sending , directing or presenting direct marketing communications to end - users who are natural persons may be allowed only in respect of end - users who have given their prior consent .


### where a natural or legal person obtains electronic contact details for e - mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services for a period of no more than 12 months only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the customer shall be informed about the right to object and shall be given an easy way to exercise it at the time of collection and each time a message is sent .


### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services for a period of no more than 12 months only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent .


### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent , in an easy manner , to receiving further marketing communications . ### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent , in an easy manner and free of charge , to receiving further marketing communications . any use of masked sender identities , false contact information or false return addresses or numbers for direct marketing purposes shall be prohibited .


### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate years of underinvestment . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap in targeted sectors to achieve the union ' s policy objectives . ### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate years of underinvestment . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability , growing inequality&#160 ; or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap in targeted sectors to achieve the union ' s policy objectives .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute 30 % of the overall financial envelope of the investeu programme to climate objectives . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute 30 % of the overall financial envelope of the investeu programme to climate objectives . therefore the eligibility criteria for actions under investeu programme shall be that the funding contributes to the climate change targets . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes .


### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure . ### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s goals to create a single european transport area , as well as sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure , supporting e . g . development and deployment of intelligent transport systems . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and enhancing synergies and consistency across relevant union programmes in the areas of digital , energy and transport . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure .


### decision no 529 / 2013 / ec of the european parliament and of the council , 11 as a first step , set out accounting rules applicable to greenhouse gas emissions and removals from the lulucf sector and thereby contributed to policy development towards the inclusion of the lulucf sector in the union’s emission reduction commitment . this regulation should build on the existing accounting rules , updating and improving them for the period 2021 - 2030 . it should lay down the obligations of member states in implementing those accounting rules and the obligation to ensure that the overall lulucf sector would not generate net emissions . it should not lay down any accounting or reporting obligations for private parties . _________________ 11 decision no 529 / 2013 / eu of the european parliament and of the council of 21 may 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use , land - use change and forestry and on information concerning actions relating to those activities ### decision no 529 / 2013 / ec of the european parliament and of the council , 11 as a first step , set out accounting rules applicable to greenhouse gas emissions and removals from the lulucf sector and thereby contributed to policy development towards the inclusion of the lulucf sector in the union’s emission reduction commitment . this regulation should build on the existing accounting rules , updating and improving them for the period 2021 - 2030 . it should under any circumstances lay down the obligations of member states in implementing those accounting rules and the obligation to ensure that the overall lulucf sector would not generate net emissions . it should not lay down any accounting or reporting obligations for private parties and it is necessary that such obligations are avoided by member states during implementation of this regulation . _________________ 11 decision no 529 / 2013 / eu of the european parliament and of the council of 21 may 2013 on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use , land - use change and forestry and on information concerning actions relating to those activities


### the increased sustainable use of harvested wood products can substantially limit emissions into and enhance removals of greenhouse gases from the atmosphere . the accounting rules should ensure that member states accurately reflect in accounts the changes in the harvested wood products pool when they take place , to provide incentives for enhanced use of harvested wood products with long life cycles . the commission should provide guidance on methodological issues related to the accounting for harvested wood products . ### the increased sustainable use of harvested wood products can substantially limit emissions into and enhance removals of greenhouse gases from the atmosphere . the accounting rules should ensure that member states accurately reflect in accounts the changes in the harvested wood products pool when they take place , to provide incentives for enhanced use of harvested wood products with long life cycles . in order to further promote and include the positive substitution effect the commission should by means of a delegated act include more products under the harvested wood product calculations . the commission should provide guidance on methodological issues related to the accounting for harvested wood products .


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


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


### the national forestry accounting plan shall be made public and shall be subject to public consultation . ### the national forestry accounting plan shall be made public , including online publication , and shall be subject to public consultation .


### member states shall demonstrate consistency between the methods and data used to establish the forest reference level in the national forestry accounting plan and those used in the reporting for managed forest land . at the latest at the end of the period from 2021 to 2025 or from 2026 to 2030 , a member state shall submit to the commission a technical correction of its reference level if necessary to ensure consistency . ### member states shall demonstrate consistency between the methods and data used to establish the forest reference level in the national forestry accounting plan and those used in the reporting for managed forest land . the data used shall be the most recent verified accounts of the land use and forest conditions . at the latest at the end of the period from 2021 to 2025 or from 2026 to 2030 , a member state shall submit to the commission a technical correction of its reference level if necessary to ensure consistency , as well as to report positive inputs as a consequence of a sustainable forest management policy in force at the time it is determined .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### a review team consisting of selected experts from the commission and member states shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . member states shall provide to the review team all data and information requested for carrying out the review and the assessment . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the member state concerned shall recalculate the proposed new or corrected forest reference levels . in order to improve transparency , the commission shall compile a synthesis report with recommendations and make it publicly available , including by publication via the internet .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall , by 31 december 2019 with a view to the period 2021 - 2025 , and by 31 december 2024 with a view to the period 2026 - 2030 , adopt delegated acts in accordance with article 14 to amend annex ii in the light of the assessment carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### the power to adopt delegated acts referred to in article 3 , 5 , 8 , 10 and 13 shall be conferred on the commission for an indeterminate period of time from the [ date of entry into force ] . ### the power to adopt delegated acts referred to in article 3 , 5 , 8 , 9 , 10 and 13 shall be conferred on the commission for a period of 5 years from the [ date of entry into force ] .


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


### energy services are fundamental to safeguard the well - being of the union citizens . adequate warmth , cooling , lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens ' health . furthermore , access to these energy services empowers european citizens to fulfil their potential and it enhances social inclusion . energy poor households are unable to afford these energy services due to a combination of low income , high energy expenditure and poor energy efficiency of their homes . member states should collect the right information to monitor the number of households in energy poverty . accurate measurement should assist member states to identify those households affected by energy poverty in order to provide targeted support . the commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between member states . ### energy services are fundamental to safeguard the well - being of the union citizens . adequate warmth , cooling , lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens ' health . furthermore , access to these energy services empowers european citizens to fulfil their potential and it enhances social inclusion . energy poor households are unable to afford these energy services due to a combination of low income , high energy expenditure and poor energy efficiency of their homes . member states should provide mechanisms to support the development of more efficient heating and cooling technologies to tackle energy poverty . member states should collect the right and comparable information to monitor the number of households in energy poverty . accurate measurement using unified standards should assist member states to identify those households affected by energy poverty in order to provide targeted support . the commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between member states .


### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable and energy poor customers . ### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing eu wide indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable and energy poor customers .


### member states shall ensure that their national legislation does not unduly hamper cross - border flows of electricity , consumer participation including through demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that electricity prices reflect actual demand and supply . ### member states shall ensure that their national legislation enacts measures to promote cross - border flows of electricity , consumer participation including through voluntary demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , smart grid technology&#160 ; and that electricity prices reflect actual demand and supply . member states shall ensure consumer participation is enabled by technology neutrality .


### member states shall ensure that their regulatory framework encourages the participation of aggregators in the retail market and that it contains at least the following elements : ### member states shall ensure that their regulatory framework allows for the participation of aggregators in the retail market and that it contains at least the following elements :


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


### member states that proceed with deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in article 20 and annex iii . member states shall ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms . to this respect , member states shall have due regard to the use of relevant available standards including those enabling interoperability , best practices and the importance of the development of the internal market in electricity . ### member states that proceed with deployment shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be rolled out in their territories in line with the provisions laid down in article 20 and annex iii , while taking into account the existing functionalities of already installed smart metering systems . member states shall ensure the interoperability of these smart metering systems as well as their connectivity with consumer energy management platforms . to this respect , member states shall have due regard to the use of relevant available standards including those enabling interoperability , best practices and the importance of the development of the internal market in electricity .


### regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the public consultation indicates that third parties are able to own , develop , operate or manage such facilities , member states shall ensure that distribution system operators ' activities in this regard are phased - out . ### regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the cost - benefit analysis and public consultation indicates that third parties are able to own , develop , operate or manage such facilities cost - efficiently , member states shall ensure that an open and transparent tendering procedure takes place and in case third parties can provide the service in a cost - effective manner distribution system operators ' activities in this regard are phased - out . distribution system operators shall have right to recover their investment in storage facilities on fair and reasonable terms .


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


### transmission system operators shall not be allowed to own , manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services . ### transmission system operators shall not be allowed to own , manage or operate energy storage facilities to provide balancing services or which are used to sell electricity to the market and shall not own directly or indirectly control assets that provide such services .


### the transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost - effective manner . ### regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the cost - benefit analysis and public consultation indicates that third parties are able to own , develop , operate or manage such facilities cost - efficiently , member states shall ensure that an open and transparent tendering procedure takes place and in case third parties can provide the service in a cost - effective manner transmission system operators ' activities in this regard are phased - out . transmission system operators shall have right to recover their investment in storage facilities on fair and reasonable terms .


### 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 and to a reversing of a long trend of converging gdp and unemployment rates 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 and fiscal constraints slow economic recovery and negatively affect job creation , long - term growth prospects and competitiveness .


### 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 . a renewed impetus towards investment financing can contribute to establishing a virtuous circle , where investment projects help support employment and growth potential .


### 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 initiated the europe 2020 strategy that sets up an approach for smart , sustainable and inclusive growth . the capital of the european investment bank has increased in january 2013 . further action is required to ensure that the investment needs of the union and that the achievement of the social , economic and territorial cohesion 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 taking into account the reduction of the gap between the different levels of economic development of the regions and member states of the union .


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


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be economically , socially , environmentally and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing .


### within the union , there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects . often , this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks . the commission and the eib , with support from the member states , should promote the creation of a transparent pipeline of current and future investment projects in the union suitable for investment . this ' project pipeline ' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions . ### within the union , there are a significant number of potentially viable projects , in particular in less developed , outermost , remote and transition regions that are not being financed due to a lack of certainty and transparency with respect to such projects . often , this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks . the commission and the eib , with support from the member states , should promote the creation of a transparent pipeline of current and future investment projects in the union suitable for investment . this ' project pipeline ' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions .


### to ensure accountability to european citizens , the eib should regularly report to the european parliament and the council on the progress and impact of the efsi . ### to ensure accountability to european citizens , the eib should regularly report to the european parliament , the council , the committee of the regions and the european economic and social committee on the progress and impact of the efsi .


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


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of infrastructure , including in the areas of transport , particularly in industrial centres and in remote regions ; public interest investments ; energy , in particular energy interconnections and renewable energy ; and digital infrastructure ;


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment prioritising public - led investments in education and training , social inclusion , fight against poverty , health , research and development , information and communications technology , cultural industry , innovation , and maritime economy ;


### the eib , in cooperation with the eif as appropriate , shall report annually to the european parliament and to the council on eib financing and investment operations . the report shall be made public and include : ### the eib , in cooperation with the eif as appropriate , shall report annually to the european parliament , the council , the committee of the regions and the european economic and social committee on eib financing and investment operations . the report shall be made public and include :


### an assessment of eib financing and investment operations at operation , sector , country and regional levels and their compliance with this regulation , together with an assessment of the allocation of eib financing and investment operations between the objectives in article 5 ; ### an assessment of eib financing and investment operations at operation , sector , country and regional levels and their compliance with this regulation and with articles 175 and 309 tfeu , together with an assessment of the allocation of eib financing and investment operations between the objectives in article 5 ;


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . in order to adapt to the development of digital technologies and to the changing user behaviour , this mechanism should include the retransmission , in an unaltered manner , via the internet by over the top service providers . retransmission services which are offered on the open internet should be excluded from the scope of this regulation if they cannot to ensure a controlled environment , including ip based , which is given if the user group is definable by a closed user group .


### energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotes innovation . ### energy efficiency labelling and complete product information allow consumers to choose more efficient and sustainable products in order to reduce their total consumption of energy and other resources , and thereby promotes innovation .


### in order for customers to retain trust in the energy label , other labels that mimic the energy label should not be allowed to be used for energy - related products . additional labels , marks , symbols or inscriptions that are likely to mislead or confuse customers with respect to the consumption of energy should not be allowed either . 20 ### in order for customers to retain trust in the energy label , other labels that mimic the energy label should not be allowed to be used for energy - related products . additional labels , marks , symbols or inscriptions that are similar to the energy efficiency label and could mislead or confuse customers with respect to the consumption of energy or any other characteristics covered by the relevant delegated act , should not be allowed either .


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification , relying on european or international standards and providing common cybersecurity requirements and evaluation criteria across national markets and sectors .


### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , providers of electronic communications networks or services available to the public , consumer groups , academic experts in the cybersecurity , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities . ### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised security experts representing the relevant stakeholders , such as the european ict industry , european providers of electronic communications networks or services available to the public , consumer groups , academic experts in the cybersecurity , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities .


### existing certificates issued under national cybersecurity certification schemes shall remain valid until their expiry date . ### existing certificates issued under national cybersecurity certification schemes and covered by a european cyber security certification scheme shall remain valid until their expiry date . maintenance processes that lead to minor updates shall not invalidate the certification .


### as was announced in the commission ' s communication “europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' 23 this proposal forms part of a second package of proposals , which will contribute to the union ' s drive towards low - emission mobility . this package , which is presented in the commission ' s communication ' delivering on low - emission mobility - a european union that protects the planet , empowers its consumers , and defends its industry and workers ' includes a combination of supply - and demand - oriented measures to put the eu on a path towards low - emission mobility and at the same time strengthen the competitiveness of the eu ' s mobility eco - system . _________________ 23 com 283 final . ### as was announced in the commission ' s communication “europe on the move : an agenda for a socially fair transition towards clean , competitive and connected mobility for all ' 23 this proposal forms part of a second package of proposals , which will contribute to the union ' s drive towards low - emission mobility . this package , which is presented in the commission ' s communication ' delivering on low - emission mobility - a european union that protects the planet , empowers its consumers , and defends its industry and workers ' includes a combination of supply - and demand - oriented measures to put the eu on a path towards low - emission mobility and at the same time strengthen the competitiveness of the eu ' s mobility eco - system . the promotion of sustainable vehicles should be done in parallel with the further development of public transport , as the fastest and most cost - efficient way to reduce the number of vehicles on the road and consequently to improve air quality and reduce emissions . _________________ 23 com 283 final .


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


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


### the commission shall submit a report on the application of this directive and on the actions taken by individual member states for the effective implementation of this directive to the european parliament and to the council every three years starting on 1 january 2027 , following the reporting from member states . ### the commission shall submit a report on the application of this directive and on the actions taken by individual member states for the effective implementation of this directive to the european parliament and to the council every three years starting on 1 january 2025 , following the reporting from member states .


### directive 2009 / 22 / ec of the european parliament and of the council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of consumer law . to improve the deterrence of unlawful practices and to reduce consumer detriment , it is necessary to strengthen the mechanism for protection of collective interests of consumers . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec . ### directive 2009 / 22 / ec of the european parliament and of the council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of consumer law . to improve the deterrence of unlawful practices and to reduce consumer detriment , it is necessary to strengthen the mechanism for protection of collective interests of consumers . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec . there is a strong need for european intervention , on the basis of article 114 tfeu , in order to ensure both access to justice and sound administration of justice as it will reduce the costs and burden entailed by individual actions .


### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , energy , telecommunications and environment . it should cover infringements of provisions of union law which protect the interests of consumers , regardless of whether they are referred to as consumers or as travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests of consumers is adopted , whether to amend the annex to the present directive in order to place it under its scope . ### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , labour , energy , telecommunications and environment . it should cover infringements of provisions of union law which protect the interests of consumers , regardless of whether they are referred to as consumers or as travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests of consumers is adopted , whether to amend the annex to the present directive in order to place it under its scope .


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


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


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . nationalisation shall be considered a means to employ when environmental standards and working conditions are at stake .


### member states shall establish timeframes for issuing screening decisions . such timeframes shall allow them to take into account the comments of member states referred to in article 8 and the opinion of the commission referred to in articles 8 and 9 . ### member states may establish timeframes for issuing screening decisions . such timeframes could allow them to take into account the comments of member states and of the commission referred .


### member states shall notify to the commission their existing screening mechanisms by [ &#8230 ; ] at the latest . member states shall notify to the commission any amendment to an existing screening mechanism or any newly adopted screening mechanism within 30 days of entry into force of the screening mechanism at the latest . ### member states may notify to the commission their existing screening mechanisms by [ &#8230 ; ] at the latest . member states may notify to the commission any amendment to an existing screening mechanism or any newly adopted screening mechanism within 30 days of entry into force of the screening mechanism at the latest .


### member states that maintain screening mechanisms shall provide the commission with an annual report on the application of their screening mechanisms . for each reporting period , the report shall include in particular information on : ### member states that maintain screening mechanisms may provide the commission with an annual report on the application of their screening mechanisms . for each reporting period , the report may include in particular information on :


### member states shall inform the commission and the other member states of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms , within 5 working days from the start of the screening . as part of the information , and when applicable , the screening member states shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of regulation no 139 / 2004 . ### member states , when they consider it necessary , &#160 ; may inform the commission and the other member states of foreign direct investments that are undergoing screening within the framework of their screening mechanisms , after&#160 ; the start of the screening . as part of the information , and when applicable , the screening member states shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of regulation no 139 / 2004 .