### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should prevent the use of so - called ' cookie walls ' and ' cookie banners ' that do not help users to maintain control over their personal information and privacy or become informed about their rights . this regulation should provide for the possibility to express consent by technical specifications , for instance by using the appropriate settings of a browser or other application . those settings should include choices concerning the storage of information on the user ' s terminal equipment as well as a signal sent by the browser or other application indicating the user ' s preferences to other parties . the choices made by users when establishing the general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the user and the website . from this perspective , they are in a privileged position to play an active role to help the user to control the flow of information to and from the terminal equipment . more particularly , web browsers , applications or mobile operating systems may be used as the executor of a user ' s choices , thus helping users to prevent information from their terminal equipment from being accessed or stored .


### the methods used for providing information and obtaining end - user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , users are overloaded with requests to provide consent . this regulation should prevent the use of so - called “cookie walls” and “cookie banners” that do not help users to maintain control over their personal information and privacy or become informed about their rights . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express or withdraw consent and to object by technical specifications using automated means , such as the appropriate settings of a hardware or software permitting the retrieval and presentation of information on the internet . those settings should include choices concerning the use of processing and storage capabilities of the user’s terminal equipment as well as a signal sent by the hardware or software indicating the user’s preferences to other parties . the choices made by users when establishing its general privacy settings should be binding on , and enforceable against , any third parties . web browsers , applications or mobile operating systems may be used as a user’s personal privacy assistant communicating the user’s choices , thus helping users to prevent information related to or processed by their terminal equipment from being accessed , processed or stored .


### the methods used for providing information and obtaining end - user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , users are overloaded with requests to provide consent . this regulation should prevent the use of so - called “cookie walls” and “cookie banners” that do not help users to maintain control over their personal information and privacy or become informed about their rights . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express or withdraw consent and to object by technical specifications using automated means , such as the appropriate settings of a hardware or software permitting the retrieval and presentation of information on the internet . those settings should include choices concerning the use of processing and storage capabilities of the user’s terminal equipment as well as a signal sent by the hardware or software indicating the user’s preferences to other parties . the choices made by users when establishing its general privacy settings of a hardware of software should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . more particularly web browsers , applications or mobile operating systems may be used as a user’s personal privacy assistant communicating the user’s choices , thus helping users to prevent information related to or processed by their terminal equipment from being accessed , processed or stored . they should therefore not abuse their position as gate - keepers and still allow for possibilities for the user to individually give consent with regard to a certain specific service or service provider .


### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; ### ' electronic communications metadata ' means all data processed for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , electronic identifiers and any other data broadcasted or emitted by the terminal equipment , data on the location of the terminal equipment processed in the context of providing electronic communications services , and the date , time , duration and the type of communication ; where metadata of other electronic communications services or protocols are transmitted , distributed or exchanged by using the respective service , they shall be considered electronic communications content for the respective service ;


### in order to ensure a wide geographic outreach of the advisory services across the union and to successfully leverage local knowledge about the investeu fund , a local presence of the investeu advisory hub should be ensured , where needed , taking into account existing support schemes , with a view to provide tangible , proactive , tailor - made assistance on the ground . ### in order to ensure a wide geographic outreach of the advisory services across the union and to successfully leverage local knowledge about the investeu fund , a local presence of the investeu advisory hub should be ensured in every member state , taking into account existing support schemes , with a view to provide tangible , proactive , tailor - made assistance on the ground .


### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 . ### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 and the eu framework on the eu convention on the rights of persons with disabilities , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to gender equality , equal opportunities , intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human resources , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 .


### member states that have chosen to include managed wetland in the scope of their commitments in accordance with article 2 shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and / or from 2026 to 2030 minus the value obtained by multiplying by five the member state’s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 . ### member states shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and / or from 2026 to 2030 minus the value obtained by multiplying by five the member state ' s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 .


### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five its forest reference level . a forest reference level is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the periods from 2021 to 2025 and from 2026 to 2030 . ### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five annual average emissions and removals in the forest reference period . a forest reference period is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the periods from 1990 to 2009 .


### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five its forest reference level . a forest reference level is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the periods from 2021 to 2025 and from 2026 to 2030 . ### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five annual average emissions and removals in the forest reference period . a forest reference period is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the period from 1990 to 2009 .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 to take stock of the collective efforts of parties in relation to progress towards the global long - term goal , as well as within six months of the global stocktake in 2023 and subsequent global stocktakes thereafter , the commission shall submit reports to the european parliament and to the council assessing the need to update and enhance the combined ambition of this regulation , regulation . . . / . . . of the european parliament and of the council1a and directive . . . / . . . of the european parliament and of the council1b . those reports shall assess the need to enhance the union ' s 2030 and 2050 greenhouse gas emissions targets , including lulucf , to ensure coherence with achieving the paris agreement ' s long - term goals , i . e . to hold the increase in global average temperature to well below 2˚c above pre - industrial levels and pursue efforts to limit the temperature increase to 1 . 5 °c , and to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century . those reports shall be accompanied by legislative proposals , as appropriate . ________________ 1a regulation . . . / . . . of the european parliament and of the council of . . . on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and to meet commitments under the paris agreement and amending regulation no 525 / 2013 of the european parliament and the council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change . 1b directive . . . / . . . of the european parliament and of the council of . . . amending directive 2003 / 87 / ec to enhance cost - effective emission reductions and low - carbon investments .


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include the annual average emissions and removals in the forest reference period between 1990 - 2009 , expressed in tonnes of co2 equivalent per year . member states shall maintain or increase the ratio of biomass used for long lived wood products against energy purposes .


### natural disturbances , such as wildfires , insect and disease infestations , extreme weather events and geological disturbances that are beyond the control of , and not materially influenced by , a member state , may result in greenhouse gas emissions of a temporary nature in the lulucf sector , or may cause the reversal of previous removals . as reversal can also be the result of management decisions , such as decisions to harvest or plant trees , this regulation should ensure that human - induced reversals of removals are always accurately reflected in lulucf accounts . moreover , this regulation should provide member states with a limited possibility to exclude emissions resulting from disturbances that are beyond their control from their lulucf accounts . however , the manner in which member states apply those provisions should not lead to undue under - accounting . ### avoiding negative impacts on the forest carbon sink from natural disturbances , such as wildfires , insect and disease infestations , extreme weather events and geological disturbances should be part of sustainable forest management practices by member states . such reasons should not be used as an excuse for clear cutting or measures with undue negative impacts on biodiversity .


### depending on national preferences , member states should be able to choose adequate national policies for achieving their commitments in lulucf , including the possibility of compensating emissions from one land category by removals from another land category . they should also be able to cumulate net removals over the period 2021 - 2030 . trading among member states should continue as an additional option to help compliance . following the practice in the second commitment period of the kyoto protocol , there should also be a possibility for a member state to use its overachievement under regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and to meet commitments under the paris agreement and amending regulation no 525 / 2013 of the european parliament and the council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change in order to ensure its compliance with its commitment under this regulation . ### depending on national preferences , member states should be able to choose adequate national policies for achieving their commitments in lulucf , including the possibility of compensating emissions from one land category by removals from another land category . they should also be able to cumulate net removals over the period 2021 - 2030 . trading among member states should continue as an additional option to help compliance .


### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , regulatory authorities shall make available to market parties the detailed methodology and underlying costs used for the calculation of the relevant network tariffs . ### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , regulatory authorities shall make available to market parties the detailed methodology and underlying assumptions used for the calculation of the relevant network tariffs , which shall include a cost benefit analysis for distributed energy resources , including an assessment of their potential value to the grid and the contribution to other energy policy objectives , in particular those provided by active customers and local energy communities .


### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated competitive , consumer - centered and flexible electricity markets in the union . using the advantages of an integrated market , the directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators . . ### this directive establishes common rules for the generation , transmission , distribution , storage and supply of electricity , together with consumer protection provisions , with a view to creating truly integrated competitive , consumer - centered and flexible electricity markets in the union . using the advantages of an integrated market , the directive aims at ensuring affordable energy prices for consumers , a high degree of security of supply and a smooth transition towards a decarbonised energy system . it lays down key rules relating to the organisation and functioning of the european electricity sector , in particular rules on consumer empowerment and protection , on open access to the integrated market , on third party access to transmission and distribution infrastructure , unbundling rules , and on independent national energy regulators . consumer interests shall be at the heart of this directive and quality of service shall be a central responsibility of electricity undertakings . existing rights of consumers need to be strengthened and guaranteed , and shall include greater transparency . consumer protection shall ensure that all consumers in the wider remit of the community benefit from a competitive market . consumer rights shall be enforced by member states or , where a member state has so provided , the regulatory authorities .


### such facilities are necessary for the distribution system operators to fulfil their obligations under this directive for the efficient , reliable and secure operation of the distribution system ; and ### such facilities are used by the distribution system operator exclusively for the purpose of fulfilling its obligations under this directive for the efficient , reliable and secure operation of the distribution system ; and


### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , regulatory authorities shall make available to market parties the detailed methodology and underlying costs used for the calculation of the relevant network tariffs . ### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , national regulatory authorities shall make available to market parties the detailed methodology and underlying assumptions used for the calculation of the relevant network tariffs , which shall include a cost benefit analysis for distributed energy resources , including an assessment of their potential value to the grid and the contribution to other energy policy objectives , in particular those provided by active customers and local energy communities .


### are entitled to generate , store , consume and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective ; ### are entitled to generate , store , consume , sell self - generated electricity in all organised markets either individually or through aggregators , as well as to participate in the ancillary services of the system and in the mechanisms of response to the demand , without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective ;


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


### member states have also begun work at national level on establishing and promoting project pipelines for projects of national significance . the information prepared by the commission and the eib should provide links to the accompanying national project pipelines . ### member states and their national , regional and local authorities should work on establishing and promoting project pipelines for projects of european significance . the information prepared by the commission and the eib should provide links to the accompanying project pipelines .


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the environmental , natural resources , urban development , social fields and public services ;


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high european added value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness and contribute to achieving the targets of the union strategy for smart , sustainable and inclusive growth . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 , irrespective of their geographic location . ### the efsi agreement shall provide that the efsi shall have an investment committee , which shall be responsible for examining potential operations in line with the efsi investment policies and approving the support of the eu guarantee for operations in line with article 5 .


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , irrespective of the retransmission technology or network used providing that the retransmission takes place in a controlled environment , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any unaltered and retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any unaltered retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### through the principle of contractual freedom and in order to support existing licensing models , such as exclusive territorial licensing which enables the financing mechanisms which are vital to audiovisual production , optimal distribution and the promotion of cultural diversity it shall be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission , such as geo - blocking and geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### this regulation stipulates that certain online services provided by broadcasters are subject only to the law of the member state in which the broadcaster is established . this provision is without prejudice to the rights enshrined in directive 2001 / 29 / ec and the acquisition of rights under the principle of freedom of contract . through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission , such as geo - blocking and geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### they shall ensure that products placed on the market are provided , free of charge , with accurate labels and product information sheets in accordance with this regulation and the relevant delegated acts ; ### ensure that products placed on the market are supplied , free of charge , with accurate labels and product information sheets for each unit in accordance with this regulation and the relevant implementing acts adopted under article 12 of this regulation . as an alternative to supplying the product information sheet with the product , implementing acts may provide that entering the parameters of such product information sheets into the product database established under article 8 is sufficient .


### in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels and information sheets , suppliers should provide their product compliance information electronically in a database established by the commission . the information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels . market surveillance authorities should have access to the information in the database . ### without prejudice to the member states ' market surveillance obligations , in order to facilitate the monitoring of compliance and to provide up - to - date market data for the regulatory process on revisions of product - specific labels and information sheets , suppliers should provide the required product compliance information electronically in a database established and maintained by the commission . the information should be made publicly available , including through the use of apps and other information technology , in order to provide the required information to customers and to allow for alternative ways for dealers to receive labels . market surveillance authorities should have access to the information in the database .


### they shall make reference to the energy efficiency class of the product in any advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act ; ### they shall display the full energy label , including the energy consumption , of the product in any written , including on - line advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act .


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


### advances in digital technology allow for alternative ways of delivering and displaying labels electronically , such as on the internet , but also on electronic displays in shops . in order to take advantage of such advances , this regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label . in cases where it is not feasible to display the energy label , such as certain forms of distance selling and in advertisements and technical promotional material , potential customers should be provided at least with the energy class of the product . ### advances in digital technology allow for alternative ways of delivering and displaying labels electronically , such as on the internet , but also on electronic displays in shops . in order to take advantage of such advances , this regulation should allow the use of electronic labels complementary to the physical energy label . in cases where it is not feasible to display the energy label , such as certain forms of distance selling and in advertisements and technical promotional material , potential customers should be provided at least with the energy class of the product .


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use throughout their life time , and supplementary environmental and performance information concerning energy - related products in order to allow customers to choose more efficient and sustainable products .


### the commission may , by means of delegated acts adopted pursuant to articles 12 and 13 , introduce labels or rescale existing labels . ### the commission may , by means of delegated acts adopted pursuant to articles 12 and 13 , introduce or rescale labels . the labels shall be designed in a way that both the absolute product performance and the relative performance are reflected in the calculation to define the energy class . in addition to the energy class , the energy consumption shall be displayed per cycle , per year , per life time or any period of time most relevant to the product category . the labels shall be technology neutral , enabling a comparison between all appliances delivering similar services ; independent of energy carrier or technology employed . there shall be only one label for functionally equivalent products , and there shall be no exemptions of labelling duties . when comparing different energy carriers for the purpose of the energy label , primary energy should be referred to , based on the eu average of energy conversion efficiency , to assess the performances and the energy class of the products .


### where , in the course of that evaluation , the market surveillance authorities find that the energy - related product does not comply with the requirements laid down in this this regulation and its relevant delegated acts , they shall without delay require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , to withdraw the energy - related product from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as they may prescribe . article 21 of regulation no 765 / 2008 shall apply to the measures referred to in this paragraph . ### where , in the course of that evaluation , it is found that an energy - related product model does not comply with the requirements laid down in this regulation and its relevant delegated acts , the market surveillance authorities shall : require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , without delay ; ensure that the corrective action prescribed is proportionate to the nature of the risk ; establish a reasonable deadline by which the supplier is obliged to implement the corrective action ; decide at their discretion whether the corrective action can be accompanied by , or consist entirely of , restrictive measures aiming to withdraw the energy - related product from the market , or to recall it , in accordance article 21 of regulation no 765 / 2008 ; address both corrective actions and restrictive measures also to the equivalent models available on the market ; use the product database established in accordance with article 8 to determine any other national markets where the product model or its equivalents are available ; immediately notify the commission and the other member states of the results of the evaluation , the corrective actions or restrictive measures which they have required the supplier to take .


### whether for larger appliances a higher level of energy efficiency is required to reach a given energy class ; ### the modalities for requiring for larger appliances a higher level of energy efficiency in order to reach a given energy class ;


### they shall display in a visible manner the label provided by the supplier or otherwise made available for a product covered by a delegated act ; ### they shall display in a visible manner , directly on the appliance or in its immediate proximity , the label provided by the supplier for a product covered by a delegated act ;


### they shall deliver labels promptly and free of charge on request from dealers ; ### they shall deliver labels and product information sheets promptly and free of charge on request from dealers . this applies to all models , existing and new ones ;


### no later than eight years after the entry into force , the commission shall assess the application of this regulation and transmit a report to the european parliament and the council . that report shall assess how effectively this regulation has allowed customers to choose more efficient products , taking into account its impacts on business . ### no later than 30 june 2022 , the commission shall assess the application of this regulation and submit a report to the european parliament and the council . this report shall assess how effectively this regulation and its delegated acts has allowed customers to choose more energy efficient products , taking into account its impacts on business , on energy consumption and on greenhouse gases emissions .


### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for an indeterminate period of time from the date of application of this regulation . ### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for a period of six years from the date of application of this regulation . it can be renewed for an additional maximum of eight years following the assessment and evaluation exercise referred to in article 14 .


### that when verifying compliance with the requirements , only those verification tolerances that are set out in the delegated act shall apply ; ### that when verifying compliance with the requirements , no verification tolerances or at the utmost tolerance reflecting only measurement uncertainty shall apply ;


### they shall , for products not covered by this regulation , not supply or display labels which mimic the label as defined in this regulation . ### they shall , for products not covered by this regulation and for products not covered by any delegated acts under this regulation , not supply or display labels which mimic the label as defined in this regulation .


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


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use , and supplementary environmental and performance information concerning energy - related products in order to allow customers to choose more efficient and sustainable products .


### where , in the course of that evaluation , the market surveillance authorities find that the energy - related product does not comply with the requirements laid down in this this regulation and its relevant delegated acts , they shall without delay require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , to withdraw the energy - related product from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as they may prescribe . article 21 of regulation no 765 / 2008 shall apply to the measures referred to in this paragraph . ### where , in the course of that evaluation , it is found that an energy - related product model does not comply with the requirements laid down in this regulation and its relevant delegated acts , the market surveillance authorities shall : require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , without delay but not longer than 21 calendar days ; ensure that the corrective action prescribed is proportionate to the nature of the risk ; decide at their discretion whether the corrective action can be accompanied by , or consist entirely of , restrictive measures aiming to withdraw the energy - related product from the market , or to recall it , in accordance article 21 of regulation no 765 / 2008 ; address both corrective actions and restrictive measures also to the equivalent models available on the market .


### the commission shall , having consulted the consultation forum referred to in article 10 , establish a working plan which shall be made publicly available . the working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts . the working plan shall also set out plans for the revision and rescaling of labels of products or product groups . the working plan may be amended periodically by the commission after consultation with the consultation forum . the working plan may be combined with the working plan required by article 16 of directive 2009 / 125 / ec . ### the commission shall , having consulted the consultation forum referred to in article 10 , establish a working plan which shall be made publicly available . the working plan shall set out an indicative list of product groups , including it and office equipment , which are considered as priorities for the adoption of delegated acts . the working plan shall also set out plans for the revision and rescaling of labels of products or product groups . the working plan may be amended periodically by the commission after consultation with the consultation forum . the working plan may be combined with the working plan required by article 16 of directive 2009 / 125 / ec .


### they shall display in a visible manner the label provided by the supplier or otherwise made available for a product covered by a delegated act ; ### they shall display in a visible and prominent manner the label , printed or electronic , provided by the supplier or otherwise made available for a product model covered by a delegated act ;


### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information ; ### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information on the basis of the actual conditions of use ;


### energy consumption and other information concerning the products covered by product - specific requirements under this regulation should be measured by using reliable , accurate and reproducible methods that take into account the generally recognised state - of - the - art measurements and calculation methods . it is in the interests of the functioning of the internal market to have standards which have been harmonised at union level . in the absence of published standards at the time of application of product - specific requirements the commission should publish in the official journal of the european union transitional measurement and calculation methods in relation to those product - specific requirements . once a reference to such a standard has been published in the official journal of the european union compliance with it should provide a presumption of conformity with measurement methods for those product - specific requirements adopted on the basis of this regulation . ### energy consumption and other information concerning the products covered by product - specific requirements under this regulation should be measured in accordance with harmonized standards and methods and by using reliable , accurate and reproducible methods that take into account the generally recognised state - of - the - art measurements and calculation methods . these methods should be as close as possible to real life conditions and robust in order to deter intentional and unintentional circumvention . it is in the interests of the functioning of the internal market to have standards which have been harmonised at union level . in the absence of published standards at the time of application of product - specific requirements the commission should publish in the official journal of the european union transitional measurement and calculation methods in relation to those product - specific requirements . once a reference to such a standard has been published in the official journal of the european union compliance with it should provide a presumption of conformity with measurement methods for those product - specific requirements adopted on the basis of this regulation .


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should contribute towards raising the awareness of the public about risks related to it security and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling and publishing reports and guides with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting authentication , encryption , anonymisation and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices and popularising at eu level security - by - design , privacy - by - design and the incidents and their solutions .


### following a request from the commission , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states or the european cybersecurity certification group established under article 53 may propose the preparation of a candidate european cybersecurity certification scheme to the commission . ### following a request from the commission , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states , the european cybersecurity certification group established under article 53 or the permanent stakeholders ' group may propose the preparation of a candidate european cybersecurity certification scheme to the commission .


### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency . ### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations , academia and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency , providing input on which ict products and services to cover in future european it security certification schemes . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure efficient and equitable representation of stakeholders in the work of the agency .


### following a request from the commission , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states or the european cybersecurity certification group established under article 53 may propose the preparation of a candidate european cybersecurity certification scheme to the commission . ### following a request from the commission , enisa shall prepare a candidate european it security certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states , the european cybersecurity certification group established under article 53 or the permanent stakeholders group established under article 20 may propose the preparation of a candidate european cybersecurity certification scheme to the commission .


### where financial instruments are implemented under shared implementation with member states , sector specific rules apply , without prejudice to subparagraph 2 of article 208 . ### where esi funds financial instruments are implemented sector specific rules apply .


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


### light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . the impact assessment illustrated the added value of adopting an approach based on alternative fuels until technology - neutral requirements for co2 emissions from heavy - duty vehicles have been set at union level , which the commission intends to propose in the future . the impact assessment further recognised that markets for low - and zero - emission urban buses are characterised by increased market maturity , whereas markets for low - and zero - emission trucks are at an earlier stage of market development . ### two and three wheelers , light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . until now co2 standards for light commercial vehicles have been less ambitious than for passenger cars resulting in less efficient and innovative technologies than the state of the art . similarly , given the longer lifetime of heavy - duty vehicles and in order to meet the requirements of the paris agreement , their transition to ultra - low emission technologies needs to be accelerated and ambitious targets to decarbonise those fleets should be set . the impact assessment further recognised that markets for ultra - low emission urban buses are characterised by increased market maturity , whereas markets for ultra - low emission trucks are at an earlier stage of market development .


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


### directive 2009 / 33 / eu on the promotion of clean road transport vehicles in support of low - emission mobility ### directive 2009 / 33 / eu on the promotion of ultra - low emission and energy - efficient road transport vehicles


### setting minimum targets for clean vehicle procurement by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union . ### setting minimum targets for new procurement contracts of clean vehicles by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in ultra - low emission mobility are warranted . targets should be met by the dates indicated in table 4 and table 5 of the annex . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union .


### innovation of new technologies helps to lower vehicle emissions , supporting the decarbonisation of the transport sector . an increased uptake of low - and zero - emission road vehicles is likely to reduce emissions of co2 and certain pollutant emissions and to promote competitiveness and growth of the european industry in the increasing global markets for low - and zero - emission vehicles . ### innovation of new technologies helps to lower vehicle emissions , supporting the decarbonisation of the transport sector . an increased uptake of ultra - low emission road vehicles is likely to reduce emissions of co2 and certain pollutant emissions . such pollutants have been linked to numerous lung diseases and more than 400 . 000 premature deaths in europe and generate health costs of between eur 330 billion and eur 940 billion , equivalent to 3 % to 9 % of the union’s gdp . in order to reduce air and noise pollution and meet the eu air quality standards in urban and rural areas , concrete and ambitious policies and measures , including the use of public procurement of ultra - low emission vehicles , are needed .


### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice . a competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned , including individual consumers . individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement . ### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for individuals affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice . a competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned . each of the individuals concerned shall be given the possibility to accept or to refuse to be bound by such a settlement .


### when deciding about the allocation of revenues from fines member states shall take into account the collective interests of consumers . ### when deciding about the allocation of revenues from fines member states shall take into account the collective interests . member states may decide for such revenues to be allocated to a fund created for the purpose of financing representative actions .


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


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


### member states shall ensure that in particular consumer organisations and independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities consumer organisations that represent members from more than one member state . ### member states shall ensure that consumer organisations and , where applicable , independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities consumer organisations that represent members from more than one member state .


### the information referred to in paragraph 1 shall include in intelligible language an explanation of the subject - matter of the representative action , its legal consequences and , if relevant , the subsequent steps to be taken by the consumers concerned . ### the information referred to in paragraph 1 shall include in intelligible language an explanation of the subject - matter of the representative action , its legal consequences and , if relevant , the subsequent steps to be taken by the consumers concerned . the modalities and timeframe of the information shall be designed in agreement with the court or administrative authority .


### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued . ### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for material or non - material damage , which obligates the trader to provide for , as appropriate , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid in case of consumers , compensation or reinstatement after unlawful dismissals in case of workers , or compensation or repair of the damage causes in case of environmental damage or violation of fundamental rights .


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected individuals , in particular consumers and workers , and the general public , at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all individuals concerned individually .


### the purpose of this directive is to enable qualified entities , which represent the collective interest of consumers , to seek remedy through representative actions against infringements of provisions of union law . the qualified entities should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress , such as compensation , repair or price reduction as available under national laws . ### the purpose of this directive is to enable qualified entities , which represent a collective interest , to seek remedy through representative actions against infringements of provisions of union law . the qualified entities should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress as available under national laws , such as compensation , repair or price reduction in case of consumers , compensation or reinstatement after unlawful dismissals in case of workers , or compensation or repair of the damage causes in case of environmental damage or violation of fundamental rights .


### ‘ collective interests of consumers’ means the interests of a number of consumers ; ### ‘ collective interests’ means the interests of a number of individuals ;


### member states shall ensure that in particular consumer organisations and independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities consumer organisations that represent members from more than one member state . ### member states shall ensure that established or ad - hoc organisations defending a public interest , in particular consumer organisations and independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities organisations that represent members from more than one member state .


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


### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order obligating the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws . ### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order for a material or non - material damage obligating the trader to provide for , inter alia , compensation , repair , replacement , removal , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws .


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


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


### this directive shall not prevent member states from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level . ### this directive shall not prevent member states from adopting or maintaining in force provisions designed to ensure a higher level of protection or to grant qualified entities or any other persons concerned more favourable procedural means to bring actions aimed at the protection of the collective interests of individuals at national level .


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


### directive 2009 / 22 / ec of the european parliament and of the council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of consumer law . to improve the deterrence of unlawful practices and to reduce consumer detriment , it is necessary to strengthen the mechanism for protection of collective interests of consumers . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec . _________________ 29 oj l 110 / 30 , 1 . 5 . 2009 . ### directive 2009 / 22 / ec of the european parliament and of the council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of consumer law . to improve the deterrence of all unlawful practices by traders and to reduce detriment , it is necessary to strengthen the mechanism for protection of collective interests of all individuals . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec . _________________ 29 oj l 110 / 30 , 1 . 5 . 2009 .


### individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1 , 2 and 3 . the redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . ### individuals concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1 , 2 and 3 . the redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the individuals concerned may have under union or national law .


### in order to seek injunction orders , qualified entities shall not have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader . ### in order to seek injunction orders , qualified entities shall not have to obtain the mandate of the individuals concerned or provide proof of actual loss or damage on the part of the individuals concerned or of intention or negligence on the part of the trader .


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state maintaining a screening mechanism in which the foreign direct investment is planned . the commission may issue an opinion irrespective of whether other member states have provided comments .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states maintaining screening mechanisms to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to the commission on investments undergoing screening in other member states . the commission should then forward all comments to the member state where the investment is planned . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned . based on the comments received , the commission may request to discuss planned investments in the framework of the investment screening coordination group .