### 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 . along with a renewed impetus towards investment financing , socially fair and environmentally responsible reforms and fiscal responsibility can contribute to encouraging investment , however they must be accompanied by clear and strong political commitment at union and member state level to long term objectives for developing sustainable economic activity , in order to establish a virtuous circle , where investment projects help support employment and demand and lead to a sustained reduction of the output gap as well as to an increase in growth potential .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union as described in article 5 , in a non - discriminatory way , conducive to long - term competitive and sustainable growth and innovation and to ensure increased access to financing for companies having up to 1500 employees , with a particular focus on micro , small and medium - sized enterprises and start - ups , through the supply of risk bearing capacity to the eib .


### an assessment of the added value , the mobilisation of private sector resources , the estimated and actual outputs , outcomes and impact of eib financing and investment operations at an aggregated basis ; ### an assessment , taking into account the criteria referred to in article 2a , of the added value , the mobilisation of private sector resources , the ex - ante estimated and realised outputs , outcomes and impact of eib financing and investment operations on an aggregated and project by project basis ;


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### so as to ensure demonstrable progress towards the 2030 commitments , member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 .


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this directive .


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this directive using appropriate indicators including numbers of premature deaths , years of life lost , hospital admissions , and areas of ecosystems , including natura 2000 areas , exposed to air pollution in excess of critical loads and levels .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter , methane and mercury in accordance with the national emission reduction commitments applicable from 2020 , 2025 and 2030 , as laid down in annex ii .


### member states shall , where appropriate , coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of union legislation , including directive 2008 / 50 / ec and directive 2000 / 60 / ec of the european parliament and of the council . 30 __________________ 30 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy ### member states shall coordinate the monitoring of air pollution impacts with other monitoring programmes established by virtue of union legislation , including directive 2008 / 50 / ec and directive 2000 / 60 / ec of the european parliament and of the council . 30 __________________ 30 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 .


### where a national air pollution control programme is updated under article 6 , the member state concerned shall inform the commission thereof within two months . ### where a national air pollution control programme is updated under article 6 , the member state concerned shall communicate the updated programme to the commission within two months .


### members states that intend to apply paragraphs 1 , 2 and 3 shall inform the commission by 30 september of the year preceding the reporting year concerned . that information shall include the pollutants and sectors concerned and , where available , the magnitude of the impacts upon national emission inventories . ### members states that intend to apply paragraph 1 shall inform the commission by 30 september of the year preceding the reporting year concerned . that information shall include the sectors concerned and , where available , the magnitude of the impacts upon national emission inventories .


### member states shall draw up and adopt a national air pollution control programme in accordance with part 2 of annex iii in order to limit their annual anthropogenic emissions in accordance with article 4 . ### member states shall draw up and adopt a national air pollution control programme in accordance with part 2 of annex iii in order to limit their annual anthropogenic emissions in accordance with article 4 , and to achieve the objectives of the directive pursuant to article 1 .


### an assessment of the progress made with implementation of the programme , the reduction of emissions and the reduction of concentrations ; ### an assessment of the progress made with implementation of the programme , the reduction of emissions , the reduction of concentrations and associated environmental , public health and socio - economic benefits ;


### member states shall consult , in accordance with relevant union legislation , the public and competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and any significant updates prior to their finalisation . where appropriate , transboundary consultations shall be ensured in accordance with relevant union legislation . ### member states shall , in accordance with relevant union legislation , ensure that members of the public , including non - governmental organisations promoting environmental protection , consumer organisations , organisations representing the interests of sensitive populations and other relevant health - care bodies are given early and effective opportunities to participate in the preparation and modification or review of national air pollution control programmes prior to their finalisation . member states shall also consult those competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and any significant updates prior to their finalisation . transboundary consultations shall be ensured in accordance with relevant union legislation , including article 25 of directive 2008 / 50 / ec .


### member states shall consult , in accordance with relevant union legislation , the public and competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and any significant updates prior to their finalisation . where appropriate , transboundary consultations shall be ensured in accordance with relevant union legislation . ### member states shall , in accordance with relevant union legislation , ensure that members of the public including , in accordance with national law and practice , those stakeholders affected by , or having an interest in the environmental decision - making process are consulted in the drawing up or review of national air pollution control programmes , or both . member states shall also consult competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and all updates prior to their finalisation . where appropriate , transboundary consultations shall be ensured in accordance with relevant union legislation .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### in order to limit the atmospheric emissions of air pollutants and to effectively contribute to the union objective of achieving air quality that does not give rise to significant negative impacts on and risks to health , and to reducing the levels deposition of acidifying and eutrophying pollutants below critical loads and levels , binding national emission reduction commitments are set in this directive for 2020 , 2025 and 2030 .


### member states decide to make use of any of the flexibilities set out in article 5 . ### member states decide to make use of the flexibility set out in article 5 .


### where relevant , an explanation of the reasons why the intermediate emission levels for 2025 cannot be met without measures entailing disproportionate costs ; ### an explanation of the measures taken to achieve national emission reduction commitments ;


### inorganic fertilisers shall be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus , also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers . ### inorganic fertilisers shall as far as possible be replaced by organic fertilisers . where inorganic fertilisers continue to be applied , they shall be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus , also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers .


### take account of the need to reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories and , where appropriate in neighbouring member states ; ### ensure sufficient measures to reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories and in neighbouring member states ;


### manifestly , seriously and gravely infringes articles 6 or 12 , or both ; ### manifestly , seriously and gravely infringes articles 6 , 7 or 12 ;


### the commission and erga shall encourage video - sharing platform providers to exchange best practices on co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct . ### the commission and erga shall encourage video - sharing platform providers to exchange best practices on co - regulatory systems across the union .


### member states shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to articles 5 , 6 , 6a , 9 , 10 , 11 , 12 , 13 , 16 , 17 , 19 to 26 , 30 and 30a , provided that such rules are in compliance with union law . ; ### member states shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to articles 5 , 6 , 6a , 7 , 9 , 10 , 11 , 12 , 13 , 16 , 17 , 19 to 26 , 30 and 30a , provided that such rules are in compliance with union law .


### member states shall ensure that complaint and redress mechanisms are available for the settlement of disputes between users and video - sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2 . ### member states shall ensure that effective complaint and redress mechanisms are available for the settlement of disputes , including counter - notice procedure , between users and video - sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2 .


### those measures shall consist of , as appropriate : ### those measures may consist of , as appropriate :


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive .


### the organisation of the stored content is determined by the provider of the service including by automatic means or algorithms , in particular by hosting , displaying , tagging and sequencing ; ### the organisation of the stored content is determined by the provider of the service ;


### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . ### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 10 000 000 eur or 4 % of the trader ' s total worldwide annual turnover , whichever is higher .


### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 4% of the trader ' s annual turnover in the member state concerned . ### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 10 000 000 eur or 4% of the trader ' s total worldwide annual turnover whichever is higher


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being seemingly identical or similar to the another product marketed , where those products have different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers . when assessing a trader ' s right to adapt the same brand to different geographical markets , taking into account legitimate factors such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food , the competent authority should examine whether the consumer has been sufficiently , clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 10 000 000 eur or 4% of the trader’s annual turnover , whichever is higher .


### directive 2011 / 83 / eu should also not apply to situations where the trader only collects metadata , such as the ip address , browsing history or other information collected and transmitted for instance by cookies , except where this situation is considered a contract under national law . it should also not apply to situations where the consumer , without having concluded a contract with the trader , is exposed to advertisements exclusively in order to gain access to digital content or a digital service . however , member states should remain free to extend the application of the rules of directive 2011 / 83 / eu to such situations or to otherwise regulate such situations which are excluded from the scope of that directive . ### directive 2011 / 83 / eu should also not apply to situations where the consumer , without having concluded a contract with the trader , is exposed to advertisements exclusively in order to gain access to digital content or a digital service . however , member states should remain free to extend the application of the rules of directive 2011 / 83 / eu to such situations or to otherwise regulate such situations which are excluded from the scope of that directive .


### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all member states concerned by the coordinated enforcement action . ### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 10 000 000 eur or 4 % of the trader’s total worldwide annual turnover , whichever is higher .


### directive 2011 / 83 / eu already applies to contracts for the supply of digital content which is not supplied on a tangible medium regardless of whether the consumer pays a price in money or provides personal data . in contrast , directive 2011 / 83 / eu only applies to service contracts , including contracts for digital services , under which the consumer pays or undertakes to pay a price . consequently , that directive does not apply to contracts for digital services under which the consumer provides personal data to the trader without paying a price . given their similarities and the interchangeability of paid digital services and digital services provided in exchange for personal data , they should be subject to the same rules under directive 2011 / 83 / eu . ### directive 2011 / 83 / eu already applies to contracts for the supply of digital content which is not supplied on a tangible medium regardless of whether the consumer pays a price in money or provides personal data . in contrast , directive 2011 / 83 / eu only applies to service contracts , including contracts for digital services , under which the consumer pays or undertakes to pay a price . consequently , that directive does not apply to contracts for digital services under which the consumer provides personal data to the trader without paying a price . given the similarity of paid digital services and digital services where the consumer provides personal data , they should be subject to the same rules under directive 2011 / 83 / eu .


### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical when , in reality , they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . ### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical or seemingly identical when , in reality , they have a different composition or characteristics is misleading to consumers and may cause them to take a transactional decision that they would not have taken otherwise .


### member states should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices . in order to meet that objective , member states should make both contractual and non - contractual remedies available . as a minimum , the contractual remedies provided by the member states should include the right to contract termination . non - contractual remedies provided under national law should , as a minimum , include the right to compensation for damages . member states would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices . ### member states should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices . in order to meet that objective , member states should make both contractual and non - contractual remedies available . as a minimum , the contractual remedies provided by the member states should include the right to contract termination , the right to refund , price reduction and compensation for damages . non - contractual remedies provided under national law should , as a minimum , include the right to compensation for damages . member states would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices .


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical or seemingly identical to the same product marketed in another member state , where those products have different composition or characteristics . listing this practice in annex i of directive 2005 / 29 / ec should therefore lead to greater certainty by prohibiting it under all circumstances . this provision does not restrict a trader ' s right to adapt products of the same brand provided that the quality of such products does not diverge and consumers are clearly informed of this by a legible labelling stating the legitimate reasons for this adaptation .


### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical when , in reality , they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . ### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing of products as being seemingly identical or similar when , in reality , they have different composition or characteristics , without the consumer being clearly and comprehensively informed thereof , may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case , but generally speaking , in cases where : one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation ; this difference may change the economic behaviour of the average consumer , who would have taken a different purchasing decision where he was aware of such a difference . in order to assess whether the appearance is seemingly identical , any words , data , trademarks , brand names , illustrations or symbols relating to a particular product and placed on the package , the document , the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics , taste or nature and , where appropriate , its trademark , shall be taken into account .


### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query . ### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the parameters determining ranking of offers and their relative importance , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear , comprehensible and accessible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . this information should explain the parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s global turnover calculated on the annual total for the previous year in the member state or member states concerned .


### where the penalty to be imposed is a fine , the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of its amount . ### where the penalty to be imposed is a fine , the infringing trader’s total worldwide annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of its amount .


### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all member states concerned by the coordinated enforcement action . ### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine up to 10 000 000 eur or 4 % of the trader’s total worldwide annual turnover , whichever is higher .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s total worldwide annual turnover .


### when deciding about the allocation of revenues from fines member states shall take into account the general interest of consumers . ### member states shall allocate the revenues from fines to furthering the general interest of consumers .


### the geographical address at which the trader is established as well as the trader’s telephone number , e - mail address or other means of online communication which guarantee that the consumer can keep the correspondence with the trader on a durable medium , to enable the consumer to contact the trader quickly and communicate with him efficiently . where applicable , the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting . ### the geographical address at which the trader is established as well as the trader’s telephone number , e - mail address and , where available , other means of online communication which guarantee that the consumer can keep the correspondence with the trader on a durable medium , to enable the consumer to contact the trader quickly and communicate with him efficiently . where applicable , the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 10 000 000 eur or 4% of the trader’s annual turnover whichever is higher .


### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query . ### specific transparency requirements for online marketplaces should therefore be provided in directive 2011 / 83 / eu to inform consumers using online marketplaces about the main parameters determining ranking of offers and their relative importance , whether they enter into a contract with a trader or a non - trader , whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply . this information should be provided in a clear and comprehensible manner and not only through a reference in the standard terms and conditions or similar contractual document . the information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces . online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non - applicability . the information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders . online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract , for example , delivery or the exercise of the right of withdrawal . the obligation to provide information about the main parameters determining ranking of search results and their relative importance is without prejudice to any trade secrets regarding the underlying algorithms . this information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query .


### when deciding for which purpose the revenues from fines are used , member states should take into account the ultimate objective of consumer legislation and its enforcement which is the protection of the general interest of consumers . member states should therefore consider allocating at least part of the revenues from fines to enhance consumer protection within their jurisdictions , such as supporting consumer movement or activities aimed at empowering consumers . ### when deciding for which purpose the revenues from fines are used , member states should take into account the ultimate objective of consumer legislation and its enforcement which is the protection of the general interest of consumers . member states should therefore allocate the revenues from fines to provide redress or to enhance consumer protection within their jurisdictions , including allocating them to activities aimed at empowering consumers , delivered either directly by the member state or through national consumer organisations .


### the main parameters determining ranking of offers presented to the consumer as result of his search query on the online marketplace ; ### all parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplace ;


### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 4% of the trader ' s annual turnover in the member state concerned . ### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 10 000 000 eur or 4% of the trader ' s total worldwide annual turnover whichever is higher


### where the trader proposes commitments , the competent authorities concerned , may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website to seek the views of other parties concerned and to verify whether the commitments are sufficient to cease the infringement and to compensate consumers . ### where the trader proposes commitments , the competent authorities concerned may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website in order to seek the views of consumer organisations and other parties concerned and to verify whether the commitments are sufficient to ensure the cessation of the infringement and the compensation of consumers harmed by it .


### the external alerts shall only be ' for information ' . the competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . ### the external alerts shall mainly be ' for information ' and shall require the competent authorities to verify whether those alerts are based on a reasonable suspicion as referred to in article 34 . the competent authorities shall not be bound to initiate enforcement measures or to take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate . they shall correct without delay any error in the information posted or shall delete the information , as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . entities making external alerts shall also be notified of any follow - up actions taken by the competent authority concerned in relation to those alerts , or of the lack of any action , giving reasons in the latter case as to why the alert was not acted upon .


### the external alerts shall only be ' for information ' . the competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . ### the external alerts shall mainly be ' for information ' and shall require the competent authorities to verify whether the alerts are based on a reasoned suspicion in accordance with article 34 . the competent authorities shall not be bound to initiate enforcement measures or to take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct any errors in the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . they shall also be notified of any follow - up actions taken by the competent authority concerned in relation to external alerts , or of the lack of any action , giving reasons in the latter case as to why the alert was not acted upon .


### the limitation period for the imposition of penalties shall begin to run on the day on which the infringement ceased . ### the limitation period for exercising the powers referred to in paragraph 1 shall begin to run on the day on which the infringement ceased .


### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penalties until the final decision concerning the matter is adopted . the limitation period for the imposition of penalties shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court . ### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for exercising the powers referred to in paragraph 1 until the final decision concerning the matter is adopted . the limitation period for exercising the powers referred to in paragraph 1 shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court .


### adopt interim measures to prevent the risk of serious and irreparable harm to consumers , in particular the suspension of a website , domain or a similar digital site , service or account ; ### adopt interim measures to prevent the risk of serious and irreparable harm to consumers , in particular requesting hosting service providers to suspend a website , service or account , or requesting domain registries and registrars to put a fully qualified domain name on hold for a limited period of time , provided that any measure taken , to restrict the online distribution , or otherwise making available , of content to the public is in line with the charter of fundamental rights , is limited to what is necessary and proportionate and executed on the basis of a prior judicial authorisation ;


### each competent authority shall have the investigation and enforcement powers necessary for the application of this regulation and shall exercise them in accordance with this regulation and national law . ### each competent authority shall have the investigation and enforcement powers and resources necessary for the application of this regulation and shall exercise them in accordance with this regulation and national law .


### the competent authorities may investigate infringements referred to in article 2 and prohibit traders from engaging in such infringements in the future . the competent authorities may impose penalties for those infringements within five years from the cessation of the infringement . ### the competent authorities may investigate infringements referred to in article 2 and prohibit traders from engaging in such infringements in the future . the competent authorities may use the following powers within five years from the cessation of the infringement :


### competent authorities should have access to all necessary evidence , data and information to determine whether an intra - union infringement or widespread infringement has occurred , and in particular to identify the trader responsible , irrespective of who possesses this evidence , information or data , of where it is located and of its format . competent authorities should be able to directly request that third parties in the digital value chain provide all the evidence , data and information necessary , ### competent authorities should have access to all necessary evidence , data and information to determine whether an intra - union infringement or widespread infringement has occurred , and in particular to identify the trader responsible , irrespective of who possesses this evidence , information or data , of where it is located and of its format . competent authorities should be able to directly request that third parties in the digital value chain , including those located in non - eu countries , provide all the evidence , data and information necessary ; in the digital environment , particular attention should be brought to traders and services causing a widespread infringement of directive 95 / 46 / ec of the european parliament and of the council1a , directive 2002 / 58 / ec of the european parliament and of the council1b and of regulation 2016 / 679 of the european parliament and of the council1c , which could justify common action under article 21 , _________________ 1a directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 1b directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector . 1c regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### a board chaired by the commission shall be established for each union trust fund to ensure the fair representation of the donors , and of the non - contributing member states as observers , and to decide upon the use of the funds . the rules for composition of the board and its internal rules shall be laid down in the constitutive act of the trust fund adopted by the commission and adhered to by the donors . those rules shall include the requirement to have the positive vote of the commission for the final decision on the use of the funds . ### a board chaired by the commission shall be established for each union trust fund to ensure the fair representation of the donors , and of the non - contributing member states and the european parliament as observers , and to decide upon the use of the funds . the rules for composition of the board and its internal rules shall be laid down in the constitutive act of the trust fund adopted by the commission and adhered to by the donors . those rules shall include the requirement to have the positive vote of the commission for the final decision on the use of the funds .


### to achieve this objective , actions should be taken at union level to protect people and goods from increasingly transnational threats and to support the work carried out by member states’ competent authorities . terrorism , serious and organised crime , itinerant crime , drug trafficking , corruption , cybercrime , trafficking in human beings and arms , among others , continue to challenge the internal security of the union . ### to achieve this objective , actions should be taken at union level to protect people , public spaces and critical infrastructure from increasingly transnational threats and to support the work carried out by member states’ competent authorities . terrorism , serious and organised crime , itinerant crime , drug trafficking , corruption , cybercrime , hybrid threats , trafficking in human beings and arms , among others , continue to challenge the internal security and the internal market of the union .


### to increase the exchange of information among and within the union law enforcement and other competent authorities and other relevant union bodies as well as with third countries and international organisations ; ### to increase the exchange of relevant information among and within the union law enforcement and other competent authorities and other relevant union bodies as well as with third countries that are members of the european free trade area , and international organisations ;


### ‘ exchange of and access to information’ means the secure collection , storage , processing , analysis and exchange of information relevant to the authorities referred to in article 87 tfeu as well as to europol in relation to the prevention , detection , investigation , and prosecution of criminal offences , in particular cross - border organised crime ; ### ‘ exchange of and access to information’ means the secure collection , storage , processing , analysis and exchange of information relevant to the authorities referred to in article 87 tfeu as well as to europol , eurojust and the european public prosecutor’s office in relation to the prevention , detection , investigation , and prosecution of criminal offences , in particular cross - border organised crime ;


### ‘ eu policy cycle’ refers to an intelligence - led and multidisciplinary initiative with the aim to fight the most important serious and organised crime threats to the union by encouraging cooperation between the member states , the union institutions , the agencies and where relevant third countries and organisations ; ### ‘ eu policy cycle’ refers to an intelligence - led and multidisciplinary initiative with the aim to fight the most important serious and organised crime threats to the union by encouraging cooperation between the member states , the union institutions , the agencies and where relevant third countries that are members of the european free trade area , and organisations ;


### to support effort at strengthening the capabilities in relation to combatting and preventing crime including terrorism in particular through increased cooperation between public authorities , civil society and private partners across the member states . ### to support effort at strengthening the capabilities in relation to preventing crime in particular through increased cooperation between public authorities , civil society and private partners across the member states .


### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states or in third countries , are eligible . ### legal entities participating in consortia of at least two independent entities , established in different member states or overseas countries or territories linked to those states , or in third countries that are members of the european free trade area , are eligible .


### third country listed in the work programme under the conditions specified therein . ### a third country that is a member of the european free trade area , listed in the work programme under the conditions specified therein .


### there is a need to maximise the impact of union funding by mobilising , pooling and leveraging public and private financial resources . the fund should promote and encourage the active and meaningful participation and involvement of civil society , including non - governmental organisations , as well as the industrial sector in the development and implementation of security policy , including where relevant with involvement of other relevant actors , union agencies and other union bodies , third countries and international organisations in relation to the objective of the fund . ### there is a need to maximise the impact of union funding by mobilising , pooling and leveraging public and private financial resources . the fund should promote and encourage the active and meaningful participation and involvement of civil society , including non - governmental organisations , as well as the european industrial sector in the development and implementation of security policy , including where relevant with involvement of other relevant actors , union agencies and other union bodies , third countries that are members of the european free trade area , and international organisations in relation to the objective of the fund .


### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , exchange of and access to information , terrorism , trafficking in human beings , exploitation of illegal immigration , child sexual exploitation , distribution of child abuse images and child pornography , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation . ### within the comprehensive framework of the fund , the financial assistance provided through the fund should in particular support police and judicial cooperation and prevention in the fields of serious and organised crime , illicit arms trafficking , corruption , money laundering , drug trafficking , environmental crime , terrorism , trafficking in human beings , exploitation of irregular immigration , child sexual exploitation and abuse , distribution of child abuse images , and cybercrime . the fund should also support the protection of people , public spaces and critical infrastructure against security - related incidents and the effective management of security - related risks and crises , including through the development of common policies , legislation and practical cooperation .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier to a buyer , including transactions between producer organisations or cooperatives and their members .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against unfair trading practices should be introduced to reduce the occurrence of such practices , to contribute to ensuring a fair standard of living for agricultural producers inside and outside the union , to prevent unsafe and unsustainable practices , precarious working conditions , and to reduce food safety risks and food waste along the food supply chain . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations and associations of producer organisations , without raising their administrative burden . micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers inside and outside the union should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the agricultural and food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain , both inside and outside of the union . agricultural producers , who supply primary agricultural products , are often small and medium - sized actors in the agricultural and food supply chain .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include premises of the municipal administrations and other local public authorities and their immediate vicinity as well as libraries , culture , sport , youth and leisure establishments , municipal squares and parks as well as health care facilities .


### where a basic act is adopted under the ordinary legislative procedure , either the european parliament or the council may at any time indicate to the commission that , in its view , a draft implementing act exceeds the implementing powers provided for in the basic act . in such a case , the commission shall review the draft implementing act , taking account of the positions expressed , and shall inform the european parliament and the council whether it intends to maintain , amend or withdraw the draft implementing act . ### in article 11 , paragraph 1 is replaced by the following : ' where a basic act is adopted under the ordinary legislative procedure , either the european parliament or the council may at any time indicate to the commission that , in its view , a draft implementing act exceeds the implementing powers provided for in the basic act , or is not consistent with union law in other respects . in such a case , the commission shall review the draft implementing act , taking account of the positions expressed , and shall inform the european parliament and the council whether it intends to amend or withdraw the draft implementing act . ”


### while the commission is empowered to decide in such cases , due to the particular sensitivity of the issues at stake , member states should also fully assume their responsibility in the decision - making process . this , however , is not the case when member states are not able to reach a qualified majority , due to , amongst others , a significant number of abstentions or non - appearances at the moment of the vote . ### while the commission is currently empowered to decide in such cases , due to the particular sensitivity of the issues at stake , member states should assume greater responsibility in the decision - making process . where the act concerns the protection of the health or safety of humans , animals or plants , greater weight should be given to political accountability . when in such cases member states are not able to reach a qualified majority in favour of proposals to grant authorisation for a product or substance , that authorisation should be deemed to have been refused .


### implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment . ### at least 60% of the investment under investeu policy windows and in both eu and member state compartments shall contribute to meeting the union objectives on climate .


### financing and investment operations under the sustainable infrastructure policy window referred to in point of paragraph shall be subject to climate , environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission . projects below a certain size defined in the guidance shall be excluded from the proofing . ### financing and investment operations under the above policy windows referred to in points , , , of paragraph shall be subject to climate , environmental and social sustainability proofing through minimum sustainability thresholds in project scoreboards with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission .


### investment projects receiving substantial union support , notably in the area of infrastructure , should be subject to sustainability proofing in accordance with guidance that should be developed by the commission in cooperation with implementing partners under the investeu programme and , using in an appropriate way the criteria established by [ regulation on establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable and coherently with the guidance developed for other programmes of the union . such guidance should include adequate provisions to avoid undue administrative burden . ### investment projects receiving union support should be subject to sustainability proofing in accordance with guidance appropriate for the size and type of investment that should be developed by the commission in cooperation with implementing partners under the investeu programme and , using in an appropriate way the criteria established by [ regulation on establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable and coherently with the guidance developed for other programmes of the union . such guidance should include adequate provisions to avoid undue administrative burden .


### financing and investment operations under the sustainable infrastructure policy window referred to in point of paragraph shall be subject to climate , environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission . projects below a certain size defined in the guidance shall be excluded from the proofing . ### financing and investment operations under the policy windows referred to in points to of paragraph shall be subject to climate , environmental and social sustainability proofing through minimum sustainability thresholds in project scoreboards with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information according to guidance to be developed by the commission based on the regulation on the establishment of a framework to facilitate sustainable investment 353 ) . the guidance may differentiate between investments according to their type and size .


### implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment . ### at least 45 % of the investment under the investeu programme shall contribute to meeting the union objectives on climate objectives and 10 % on environment objectives ;


### the contribution of the investeu fund to the achievement of the climate target will be tracked through an eu climate tracking system developed by the commission in cooperation with implementing partners and using in an appropriate way the criteria established by [ regulation on the establishment of a framework to facilitate sustainable investment14 ] for determining whether an economic activity is environmentally sustainable . _________________ 14 com353 . ### the contribution of the investeu fund to the achievement of the climate target will be tracked through an eu climate tracking system developed by the commission in cooperation with implementing partners and using in an appropriate way the criteria established by [ regulation on the establishment of a framework to facilitate sustainable investment14 ] for determining whether an economic activity is environmentally sustainable . the investeu fund will also contribute to the implementation of the sustainable development goals into eu policies and initiatives . _________________ 14 com353 .


### in paragraph 3 , point is replaced by the following : ### in paragraph 3 , point is deleted .


### applicants who have been refused a visa shall have the right to appeal which shall , at a certain stage of the proceedings , guarantee an effective judicial appeal . appeals shall be instituted against the member state that has taken the final decision on the application and in accordance with the national law of that member state . member states shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal , as specified in annex vi . ; ### applicants who have been refused a visa shall have the right to appeal which shall , at a certain stage of the proceedings , guarantee an effective judicial appeal . appeals shall be instituted against the member state that has taken the final decision on the application and in accordance with the national law of that member state . the deadline for appeal shall be at least 30 calendar days . member states shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal , as specified in annex vi , in a language the applicants understand or are reasonably supposed to understand . ;


### applications may be lodged no more than six months , and for seafarers in the performance of their duties , no more than nine months before the start of the intended visit and , as a rule , no later than 15 calendar days before that start . ; ### applications may be lodged no more than nine months before the start of the intended visit and , as a rule , no later than 15 calendar days before that start . in justified individual cases of urgency , including when it is necessary on professional grounds , on humanitarian grounds , for reasons of national interest or because of international obligations , the consulate may waive the latter time limit . ;


### applicants shall pay a visa fee of eur 80 . ### applicants shall pay a visa fee of eur 35 .


### in article 3 points and are replaced by the following : ### article 3 is amended as follows :


### without prejudice to paragraph 2 , a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and / or regularly provided that they prove their integrity and reliability , in particular the lawful use of previous visas , their economic situation in the country of origin and their genuine intention to leave the territory of the member states before the expiry of the visa for which they have applied . ### without prejudice to paragraph 2 , a multiple entry visa valid for up to five years shall be issued to applicants who prove the need or justify their intention to travel frequently and / or regularly , such as seafarers , provided that they prove their integrity and reliability , in particular the lawful use of previous visas , their economic situation in the country of origin and their genuine intention to leave the territory of the member states before the expiry of the visa for which they have applied .


### without prejudice to paragraph 2 , a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and / or regularly provided that they prove their integrity and reliability , in particular the lawful use of previous visas , their economic situation in the country of origin and their genuine intention to leave the territory of the member states before the expiry of the visa for which they have applied . ### without prejudice to paragraph 2 , a multiple entry visa valid for up to five years shall be issued to applicants who prove the need or justify their intention to travel frequently and / or regularly , in particular due to their occupational or family status , such as business persons , civil servants engaged in regular official contacts with member states and eu institutions , representatives of civil society organisations travelling for the purpose of educational training , seminars and conferences , family members of citizens of the union , family members of third - country nationals legally residing in member states and seafarers , provided that they prove their integrity and reliability , in particular the lawful use of previous visas , their economic situation in the country of origin and their genuine intention to leave the territory of the member states before the expiry of the visa for which they have applied .


### applications shall be decided within 10 calendar days of the date of the lodging of an application which is admissible in accordance with article 19 . ### applications shall be decided within 7 calendar days of the date of the lodging of an application which is admissible in accordance with article 19 .


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


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


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles used in public services , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles and for heavy - duty vehicles .


### member states shall , by appropriate means , inform citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views . ### member states shall , by appropriate means and in addition to members of the profession , inform all relevant stakeholders including citizens , service recipients and representative associations before proposing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , giving them the opportunity to make known their views which shall then be given due consideration . this process may take place , for example , by means of a public consultation whose results inform the content of the adopted provisions .


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


### when assessing the necessity and the proportionality of the provisions , the relevant competent authorities shall consider in particular : ### when assessing the necessity and the proportionality of the provisions , the competent authorities shall apply the criteria listed in this paragraph having regard to the particular circumstances of the profession concerned , the nature of the provision and the pursued public interest objective . the relevance of any individual criterion may therefore depend upon the importance of the pursued public interest objectives . the relevant competent authorities shall consider in particular :


### if the authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision , or where there are otherwise reasonable grounds to believe , that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . __________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , . ### if the authority becomes aware of a final decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council adopted pursuant to article 58 of regulation 2016 / 679 or of a final decision of the european data protection supervisor established in accordance with article [ 52 ] of regulation [ 2018 / xxxx ] of the european parliament and of the council adopted pursuant to [ article 58 ] of regulation [ 2018 / xxxx ] finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that final decision that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . __________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , .


### if the authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision , or where there are otherwise reasonable grounds to believe , that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . _________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , . ### if the authority becomes aware of a final decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17adopted pursuant to article 58 of regulation 2016 / 679 or of a final decision of the european data protection supervisor established in accordance with article [ 52 ] of regulation [ 2018 / xxxx ] of the european parliament and of the council adopted pursuant to [ article 58 ] of regulation [ 2018 / xxxx ] finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that final decision , or where there are otherwise factual grounds indicating that the infringement was committed on behalf of , under instructions from , or with the support of a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has intentionally influenced or attempted to influence the outcome of elections to the european parliament by infringing the applicable rules on the protection of personal data , or by authorising , instructing or supporting an entity that has infringed the applicable rules . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . _________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , .


### to that end , a verification procedure should be established whereby the authority must , in certain circumstances , ask the committee of independent eminent persons to assess whether a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on protection of personal data . where the committee finds that to be the case , the authority should impose sanctions in line with the effective , proportionate and dissuasive sanctioning system established by the regulation no 1141 / 2014 . ### to that end , a verification procedure should be established whereby the authority must , following a final decision by the supervisory authority or european data protection supervisor , ask the committee of independent eminent persons to assess whether a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on protection of personal data . where the committee finds that to be the case , the authority should impose sanctions in line with the effective , proportionate and dissuasive sanctioning system established by the regulation no 1141 / 2014 .


### tourism . ### sustainable tourism .


### railway infrastructure , other rail projects , and maritime ports ; ### railway infrastructure , including regional cross - border missing links that were dismantled or abandoned in the past and sustainable maritime ports ;


### financing and investment operations under the sustainable infrastructure policy window referred to in point of paragraph shall be subject to climate , environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission . projects below a certain size defined in the guidance shall be excluded from the proofing . ### financing and investment operations in all four policy windows referred to in point , , , of paragraph shall be subject to climate , environmental and social sustainability proofing and tracking , with a view to minimise detrimental impacts and maximise benefits on climate , environment and the social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission in form of a delegated act that the latter is empowered to adopt in accordance with article 26 , taking fully into account the criteria established by the [ regulation on the establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable , and in line with eu climate objectives .