### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any interference with the content of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the end - users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . given the sensitivity of the content of communications , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always consult the supervisory authority prior to the processing . such consultation should be in accordance with article 36 and of regulation 2016 / 679 . the presumption does not encompass the processing of content data to provide a service requested by the end - user where the end - user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service . after electronic communications content has been sent by the end - user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by a third party entrusted by them to record or store such data . any processing of such data must comply with regulation 2016 / 679 . ### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any processing of content data of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . given the sensitivity of electronic communications data , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always carry out an impact assessment as provided for in regulation 2016 / 679 and if necessary under that regulation , consult the supervisory authority prior to the processing . after electronic communications content has been sent by the user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by another party entrusted by them to record or store such data , which could be the electronic communications provider . any processing of such stored communications data where the data is stored on behalf of the end - user must comply with this regulation . the end - user may further process the data , and if it contains personal data , must comply with regulation 2016 / 679 .


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


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user’s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to make use of the input , output , processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the user or subscriber . this may include the storing of information for the duration of a single established session on a website to keep track of the user’s input when filling in online forms over several pages . information society service providers that engage in configuration checking to provide the service in compliance with the user’s settings and the mere logging of the fact that the user’s device is unable to receive content requested by the user should not constitute illegitimate access .


### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that end - users that are natural persons are asked for consent before their personal data are included in a directory . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory . ### publicly available directories of subscribers of electronic communications services are widely distributed . publicly available directories means any directory or service containing subscribers information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that subscribers that are natural persons are asked for consent before their personal data are included in a directory . the legitimate interest of legal entities requires that subscribers that are legal entities have the right to object to the data related to them being included in a directory .


### in this regulation , direct marketing refers to any form of advertising by which a natural or legal person sends direct marketing communications directly to one or more identified or identifiable end - users using electronic communications services . in addition to the offering of products and services for commercial purposes , this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties . the same should apply to messages sent by other non - profit organisations to support the purposes of the organisation . ### in this regulation , direct marketing refers to any form of advertising by which a natural or legal person sends or presents direct marketing communications directly to one or more identified or identifiable subscribers using electronic communications services . in addition to the offering of products and services for commercial purposes , this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties . the same should apply to messages sent by other non - profit organisations to support the purposes of the organisation .


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


### to ensure full consistency with regulation 2016 / 679 , the enforcement of the provisions of this regulation should be entrusted to the same authorities responsible for the enforcement of the provisions regulation 2016 / 679 and this regulation relies on the consistency mechanism of regulation 2016 / 679 . member states should be able to have more than one supervisory authority , to reflect their constitutional , organisational and administrative structure . the supervisory authorities should also be responsible for monitoring the application of this regulation regarding electronic communications data for legal entities . such additional tasks should not jeopardise the ability of the supervisory authority to perform its tasks regarding the protection of personal data under regulation 2016 / 679 and this regulation . each supervisory authority should be provided with the additional financial and human resources , premises and infrastructure necessary for the effective performance of the tasks under this regulation . ### the enforcement of the provisions of this regulation should be entrusted to the same authorities responsible for the enforcement of the provisions regulation 2016 / 679 , and this regulation relies on the consistency mechanism of regulation 2016 / 679 . member states should be able to have more than one supervisory authority , to reflect their constitutional , organisational and administrative structure . the supervisory authorities should also be responsible for monitoring the application of this regulation regarding electronic communications data for legal entities . such additional tasks should not jeopardise the ability of the supervisory authority to perform its tasks regarding the protection of personal data under regulation 2016 / 679 and this regulation . each supervisory authority should be provided with the additional financial and human resources , premises and infrastructure necessary for the effective performance of the tasks under this regulation .


### the representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation . ### the representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , users , and subscribers , on all issues related to the activities referred to in article 2 for the purposes of ensuring compliance with this regulation .


### the designation of a representative pursuant to paragraph 2 shall be without prejudice to legal actions , which could be initiated against a natural or legal person who processes electronic communications data in connection with the provision of electronic communications services from outside the union to end - users in the union . ### the designation of a representative pursuant to paragraph 2 shall be without prejudice to legal actions , which could be initiated against a natural or legal person who undertake the activities referred to in article 2 from outside the union .


### ‘ electronic communications content’ means the content exchanged by means of electronic communications services , such as text , voice , videos , images , and sound ; ### ' electronic communications content ' means the content transmitted , distributed or exchanged by means of electronic communications services , such as text , voice , videos , images , and sound , including electronic communications metadata of other electronic communications services or protocols that are transmitted by using the respective service ;


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ' direct marketing communications ' means any form of advertising , whether in written , audio , video , oral or any other format , sent , broadcast , served or presented to one or more identified or identifiable subscribers of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , fax , etc . ;


### ‘ direct marketing voice - to - voice calls’ means live calls , which do not entail the use of automated calling systems and communication systems ; ### ' direct marketing voice - to - voice calls ' means live calls , which do not entail the use of automated calling systems and communication systems , including calls made using automated calling and communication systems which connect the called person to an individual ;


### ‘ automated calling and communication systems’ means systems capable of automatically initiating calls to one or more recipients in accordance with instructions set for that system , and transmitting sounds which are not live speech , including calls made using automated calling and communication systems which connect the called person to an individual . ### ‘ automated calling and communication systems’ means systems capable of automatically initiating calls to one or more recipients in accordance with instructions set for that system , and transmitting sounds which are not live speech .


### providers of electronic communications networks and services may process electronic communications data if : ### notwithstanding article 6 of regulation 2016 / 679 , providers of electronic communications networks and services may process electronic communications data only if :


### it is necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or ### it is strictly technically necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications service ; or


### it is necessary for providing an information society service requested by the end - user ; or ### it is strictly technically necessary for providing an information society service specifically requested by the user , for the duration necessary for that provision of the service , provided that the provision of that specific service cannot be fulfilled without the processing of such information by the provider ; or


### regardless of whether the calling end - user has prevented the presentation of the calling line identification , where a call is made to emergency services , providers of publicly available number - based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of an end - user for the processing of metadata , on a per - line basis for organisations dealing with emergency communications , including public safety answering points , for the purpose of responding to such communications . ### regardless of whether the calling user or subscriber has prevented the presentation of the calling line identification , where a call is made to emergency services , providers of publicly available number - based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of a user for the processing of metadata , on a per - line basis for organisations dealing with emergency communications , including public safety answering points , for the purpose of responding to such communications .


### member states shall establish more specific provisions with regard to the establishment of procedures and the circumstances where providers of publicly available number - based interpersonal communication services shall override the elimination of the presentation of the calling line identification on a temporary basis , where end - users request the tracing of malicious or nuisance calls . ### the commission shall be empowered to adopt implementing measures in accordance with article 26 with regard to the establishment of procedures and the circumstances where providers of publicly available number - based interpersonal communication services shall override the elimination of the presentation of the calling line identification on a temporary basis , where users or subscribers request the tracing of malicious or nuisance calls .


### providers of publicly available number - based interpersonal communications services shall deploy state of the art measures to limit the reception of unwanted calls by end - users and shall also provide the called end - user with the following possibilities , free of charge : ### providers of publicly available number - based interpersonal communications services shall provide the called end - user with the following possibilities , free of charge :


### to block incoming calls from specific numbers or from anonymous sources ; ### to block incoming calls from specific numbers or numbers having a specific code or prefix identifying the fact that the call is a marketing call referred to in&#160 ; article 16 , or from anonymous sources ;


### to stop automatic call forwarding by a third party to the end - user ' s terminal equipment . ### to stop automatic call forwarding by a party to the subscriber ' s terminal equipment .


### the providers of publicly available directories shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct and delete such data . ### the providers of publicly available directories shall provide subscribers that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such subscribers that are legal persons the means to verify , correct and delete such data .


### the possibility for end - users not to be included in a publicly available directory , or to verify , correct and delete any data related to them shall be provided free of charge . ### without prejudice to article 12 of regulation 2016 / 679 , the information to the subscribers and the possibility for subscribers not to be included in a publicly available directory , or to verify , correct and delete any data related to them shall be provided free of charge .


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


### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent , in an easy manner , to receiving further marketing communications . ### any natural or legal person using electronic communications services to transmit direct marketing communications shall clearly and visibly inform subscribers of the marketing nature of the communication and the identity of the legal or natural person transmitting the communication and on behalf of whom the communication is transmitted and shall provide the necessary information and means for recipients to exercise their right to withdraw their consent or to object , in an easy manner , to receiving further marketing communications .


### without prejudice to any other administrative or judicial remedy , every end - user of electronic communications services shall have the same remedies provided for in articles 77 , 78 , and 79 of regulation 2016 / 679 . ### without prejudice to any other administrative or judicial remedy , every user and subscriber of electronic communications services and , where applicable , every body , organisation or association , shall have the same remedies provided for in articles 77 , 78 , 79 , and 80 of regulation 2016 / 679 .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute 30 % of the overall financial envelope of the investeu programme to climate objectives . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s climate related long - term objective and remaining carbon budget , the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to the achievement of an overall target of 40 % of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute at least 60% of the overall financial envelope to climate objectives . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes . infrastructure investment planning shall take full account of climate mainstreaming and climate proofing mechanisms .


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


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


### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure . ### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure , particularly missing interconnections joining up networks across borders are fundamental to meet the union ' s efficiency and sustainability targets , including the union’s commitments towards the sdgs , and the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined , climate - proof investment process enabling visibility of the project pipeline and consistency across relevant union programmes .


### the investeu advisory hub should support the development of a robust pipeline of investment projects in each policy window . in addition , a cross - sectoral component under the investeu programme should be foreseen to ensure a single - entry point and cross - policy project development assistance for centrally managed union programmes . ### the investeu advisory hub should support the development of a robust pipeline of investment projects in each policy window providing for effective implementation of geographic diversification contributing to the union objective of economic , social , and territorial cohesion and reducing regional disparities . the advisory hub should pay particular attention to smaller , cross - border and eu value - added projects . in addition , a cross - sectoral component under the investeu programme should be foreseen to ensure a single - entry point and cross - policy project development assistance for centrally managed union programmes .


### the sustainability of the union economy and its growth ; ### the sustainability of the union economy and its growth , including climate change mitigation and adaptation ;


### the investeu fund shall operate through the following four policy windows that shall address market failures or sub - optimal investment situations within their specific scope : ### the investeu fund shall operate through the following five policy windows that shall address market failures or sub - optimal investment situations within their specific scope :


### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ; ### sustainable infrastructure policy window : comprises sustainable investment in the areas of zero - emission sustainable transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and inland water , waste , nature and other environment infrastructure , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ;


### financing and investment operations under the sustainable infrastructure policy window referred to in point of paragraph shall be subject to climate , environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission . projects below a certain size defined in the guidance shall be excluded from the proofing . ### financing and investment operations under the above policy window referred to in point - of paragraph shall be subject to climate , environmental and social sustainability proofing through minimum sustainability thresholds in project scoreboards with a view to minimise detrimental impacts and maximise benefits on climate , environment and the social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission in form of a delegated act , taking fully into account the criteria established by the [ regulation on the establishment of a framework to facilitate sustainable investment com353 ] for determining whether an economic activity is environmentally sustainable and in line with eu climate objectives , avoiding any projects involving intensive fossil fuel use .


### as regards adaptation , ensure the resilience to the potential adverse impacts of climate change through a climate vulnerability and risk assessment , including relevant adaptation measures , and , as regards mitigation , integrate the cost of greenhouse gas emissions and the positive effects of climate mitigation measures in the cost - benefit analysis ; ### as regards adaptation , ensure the resilience to the potential adverse impacts of climate change through a climate vulnerability and risk assessment , including relevant adaptation measures , and , as regards mitigation , integrate the cost of greenhouse gas emissions and the positive effects of climate mitigation measures in the cost - benefit analysis and ensure compliance with the eu environmental objectives and standards ;


### implementing partners shall provide the information necessary to allow the tracking of investment that contributes to meeting the union objectives on climate and environment , based on guidance to be provided by the commission . ### implementing partners shall provide the information necessary to allow the tracking of investment that contributes to meeting the union objectives on climate and environment , based on guidance to be provided by the commission and assess compliance of operations with the regulation on the establishment of a framework to facilitate sustainable investment 353 ) and the eu environmental objectives and standards ; .


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


### 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 .


### 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 .


### member states may set guidelines for that specific authorisation procedure . national regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto . ### member states shall set guidelines for that specific authorisation procedure , which shall be publicly available . national regulatory authorities or other competent national authorities including planning authorities shall review those guidelines and may recommend amendments thereto .


### member states , through their national regulatory authorities , shall monitor and report annually , for at least a ten - year period after such contracts become available , on the main developments of such contracts including market offers , the impact on consumers ' bills and specifically the level of price volatility , and on consumers ' sensitivity to the level of financial risk . ### member states , through their national regulatory authorities , shall monitor and report annually , for at least a ten - year period after such contracts become available , on the main developments of such contracts including market offers , the impact on consumers ' bills and specifically the level of price volatility as well as the share of the energy component in the consumer bill , and on consumers ' sensitivity to the level of financial risk .


### by way of derogation from paragraph 2 , member states may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity . such fees may only be charged if customers receive a demonstrable advantage from these contracts . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract . ### by way of derogation from paragraph 2 , member states may choose to permit suppliers to charge reasonable contract termination fees to customers willingly terminating fixed term supply contracts before their maturity . such fees may only be charged if customers receive a demonstrable advantage from these contracts . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract , as verified by the national regulatory authority .


### member states shall ensure that a final customer wishing to terminate the contract with an aggregator , while respecting contractual conditions , is entitled to such termination within three weeks . ### member states shall ensure that a final customer wishing to terminate an ongoing contract with an aggregator , is entitled to such termination , while respecting committed flexibility and contractual conditions , which differ in nature to the supplier - customer relationship .


### are subject to cost reflective , transparent and non - discriminatory network charges , accounting separately for the electricity fed into the grid and the electricity consumed from the grid , in line with article 59 . ### are subject to cost reflective , transparent and non - discriminatory network charges , which reflect both the costs and benefits to the network based on a transparent cost benefit analysis developed by the national regulatory authority , in line with article 59 paragraph 8 .


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


### transparent rules clearly assigning roles and responsibilities to all market participants ; ### transparent rules clearly assigning roles and responsibilities to all market participants , including on operational security ;


### in order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants , member states may exceptionally allow compensation payments between aggregators and balance responsible parties . such compensation payments must be limited to situations where one market participant induces imbalances to another market participant resulting in a financial cost . ### in order to ensure that balancing costs and benefits induced by aggregators are fairly assigned to market participants , the aggregator should always be responsible for the balancing of the volumes he has committed and delivers during the activation of demand response activities . member states may exceptionally allow compensation payments between aggregators and balance responsible parties . such compensation payments must be limited to situations where one market participant induces imbalances to another market participant resulting in a financial cost .


### billing shall take place on the basis of actual consumption at least once a year . billing information shall be made available at least once every three months , upon request or where the final customers have opted to receive electronic billing or else twice a year . ### billing shall take place on the basis of actual consumption at least once a year . billing and consumption information shall be made available continuously online where a smart meter has been installed , or else at least once every month .


### member states shall ensure that . customers have access to simple , fair , transparent , independent , effective and efficient out - of - court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this directive . where the costumer is a consumer within the meaning of directive 2013 / 11 / eu of the european parliamend and of the council46 , such out - of - court mechanisms shall comply with the quality requirements established in directive 2013 / 11 / eu and provide , where warranted , for a system of reimbursement and / or compensation . _________________ 46 oj l 165 , 18 . 6 . 2013 , p . 63–79 ### member states shall ensure that customers have access to simple , fair , transparent , independent , effective and efficient out - of - court dispute resolution mechanisms for the settlement of disputes concerning rights and obligations established under this directive through an independent mechanism such as an energy ombudsman or a consumer body is in place to ensure efficient treatment of complaints and out of court dispute settlements . those mechanisms shall be able to address all consumer complaints in the energy market , including on bundled offers , new products and services providers such as aggregators and local energy communities . where the customer is an active consumer or a consumer within the meaning of directive 2013 / 11 / eu of the european parliament and of the council46 , such out - of - court mechanisms shall comply with the quality requirements established in directive 2013 / 11 / eu and provide , where warranted , for a system of reimbursement and / or compensation defined by the regulator and the ombudsman or consumer body . _________________ 46 oj l 165 , 18 . 6 . 2013 , p . 63–79


### member states shall take appropriate measures , such as formulating national energy action plans , providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers , or providing for support for energy efficiency improvements , to address energy poverty where identified , including in the broader context of poverty . such measures shall not impede the effective opening of the market set out in article 4 or market functioning and shall be notified to the commission , where relevant , in accordance with the provisions of article 9 . such notification may also include measures taken within the general social security system . ### member states shall take appropriate measures , such as formulating national energy action plans , providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers , or providing for support for energy efficiency improvements , for instance by local energy communities , taking into account the assessment undertaken pursuant to section a . 3 . 1 . 2 of annex i of [ governance regulation com759 ] , to address energy poverty where identified , including in the broader context of poverty . such measures shall not impede the effective opening of the market set out in article 4 or market functioning and shall be notified to the commission , where relevant , in accordance with the provisions of article 9 . such notification may also include measures taken within the general social security system .


### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid . ### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points according to the definition of article 8 , paragraph 2 of the energy performance of buildings directive [ revised ] to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid .


### helping to ensure , together with other relevant authorities , that the consumer protection measures are effective and enforced ; ### helping to ensure , together with other relevant authorities , that the new and existing consumer protection measures , including rights of active consumers , are effective and enforced ;


### 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 .


### clearly disclose their owners and the natural or legal person operating the tool ; ### clearly disclose their owners and the natural or legal person operating the tool , as well as information on how the tools are financed ;


### in addition , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers in , with or signposted to within , their bills and periodical settlement bills . ### in addition , comparisons with an average normalised or benchmarked customer in the same user category shall be made available to final customers , as well as an evaluation describing which of the provided tariffs would be most advantageous for the consumer , if the consumption pattern of the previous year is repeated in the coming year , with or signposted to within , their bills and periodical settlement bills .


### as a minimum the reference to existing reference sources , such as web pages , where information on the environmental impact , in terms of at least co2 emissions and the radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year is publicly available ; ### information on the environmental impact , in terms of at least co2 emissions and the radioactive waste resulting from the electricity produced by the overall fuel mix of the supplier over the preceding year ;


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . it is therefore necessary to lay down clear principles , criteria and conditions for the use of efsi support .


### 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 .


### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments . ### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments . the agreement shall be transmitted to the european parliament and the council and shall be made public .


### to meet that objective , the eiah shall use the expertise of the eib , the commission , national promotional banks and the managing authorities of the european structural and investment funds . ### to meet that objective , the eiah shall use the expertise of the eib , the commission , national promotional banks and the managing authorities and monitoring committees of the european structural and investment funds .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall , in accordance with article 2a , &#160 ; determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson .


### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which significantly contribute to achieving eu policy objectives . ### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , all information available on current and future investments which significantly contribute to achieving eu policy objectives .


### the conclusions of the european council of 23 and 24 october 2014 set an indicative target at union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption . this target will be reviewed by 2020 having in mind an union level of 30% . they also set a binding eu target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990 , including a 30% reduction of emissions in non - ets sectors . ### the conclusions of the european council of 23 and 24 october 2014 , adopted before the december 2015 paris agreement on climate change , set an indicative target at union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption . the european parliament reconfirmed its position on 15 december 2015 that the 2030 energy efficiency target should be binding and be set at union level at 40% .


### 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 , in particular in radio advertisements , potential customers should be provided at least with both the energy class and the energy consumption of the product .


### ‘ label’ means a graphic diagram including a classification using letters from a to g in seven different colours from dark green to red in order to show consumption of energy ; ### ‘ label’ means a graphic diagram including a closed scale classification using only letters from a to g in seven different colours from dark green to red in order to show both energy efficiency and consumption of energy ;


### where the market surveillance authorities of one member state have sufficient reason to believe that an energy - related product covered by a delegated act under this regulation presents a risk to aspects of public interest protection covered by this regulation , they shall carry out an evaluation in relation to the energy - related product concerned covering all the requirements laid down in this regulation and its relevant delegated acts . the supplier shall cooperate as necessary with the market surveillance authorities for that purpose . ### where the commission or the market surveillance authorities of one member state have sufficient reason to believe that an energy - related product covered by a delegated act under this regulation presents a risk to aspects of public interest protection covered by this regulation , they shall carry out an evaluation in relation to the energy - related product concerned covering all the requirements laid down in this regulation and its relevant delegated acts . the supplier shall cooperate as necessary with the market surveillance authorities for that purpose .


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### when cases of non - compliance are detected , market surveillance authorities shall always inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take .


### in the conduct of its activities under this regulation the commission shall ensure in respect of each delegated act , a balanced participation of member states’ representatives and interested parties concerned with the product group in question , such as industry , including smes and craft industry , trade unions , traders , retailers , importers , environmental protection groups and consumer organisations . for this purpose , the commission shall establish a consultation forum in which these parties shall met . this consultation forum may be combined with the consultation forum referred to in article 18 of directive 2009 / 125 / ec . ### in the conduct of its activities under this regulation the commission shall ensure in respect of labels and rescaling under article 7 and each delegated act , a balanced participation of member states’ representatives and interested parties concerned with the product group in question , such as industry , including smes and craft industry , trade unions , traders , retailers , importers , environmental protection groups and consumer organisations . for this purpose , the commission shall establish a consultation forum in which these parties shall met . this consultation forum may be combined with the consultation forum referred to in article 18 of directive 2009 / 125 / ec .


### 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 .


### manufacturer ' s or supplier ' s name or trademark ; ### name or trademark , address , contact details and other legal identification of the supplier ;


### the class and other parameters on the label ; ### the energy class and all other parameters on the label and on the product information sheet , documented in single individually retrievable fields ;


### 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 .


### the agency should encourage member states and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including cybersecurity , of their products and services . ### the agency should encourage member states and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal it security and refrain from allowing the sales or use of devices that do not meet minimum security conditions . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet it security standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of it security of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including it security , of their products and services .


### conformity assessment is the process demonstrating whether specified requirements relating to a product , process , service , system , person or body have been fulfilled . for the purposes of this regulation , certification should be considered as a type of conformity assessment regarding the cybersecurity features of a product , process , service , system , or a combination of those by an independent third party , other than the product manufacturer or service provider . certification cannot guarantee per se that certified ict products and services are cyber secure . it is rather a procedure and technical methodology to attest that ict products and services have been tested and that they comply with certain cybersecurity requirements laid down elsewhere , for example as specified in technical standards . ### conformity assessment is the process demonstrating whether specified requirements relating to a product , process , service , system , person or body have been fulfilled . for the purposes of this regulation , certification should be considered as a type of conformity assessment regarding the it security features of a product , process , service , system , or a combination of those by an independent third party , other than the product manufacturer or service provider . while certification for lower assurance levels than high may require merely conformity assessment , for assurance level high , a profound security assessment and neutral certification is needed . certificates on this assurance level therefore should be issued only by cybersecurity supervisory authorities . the issuing of those certificates should be subject to mutual peer reviews by other cybersecurity supervisory authorities . certification cannot guarantee per se that certified ict products and services are cyber secure . it is rather a procedure and technical methodology to attest that ict products and services have been tested and that they comply with certain it security requirements laid down elsewhere , for example as specified in technical standards .


### in view of the above , it is necessary to establish a european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard . ### in view of the above , it is necessary to establish a european it security certification framework laying down the main horizontal requirements for european it security certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national it security certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be guided by security - by - design and the principles referred in regulation 2016 / 679 . they should also be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard .


### raise awareness of the public about cybersecurity risks , and provide guidance on good practices for individual users aimed at citizens and organisations ; ### raise awareness of the public about cybersecurity risks , and provide guidance on good practices for users aimed at citizens and organisations ;


### advise the union and the member states on research needs and priorities in the area of cybersecurity , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ; ### advise the union and the member states on research needs and priorities in the areas of cybersecurity and data protection and privacy , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ;


### the management board shall be composed of one representative of each member state , and two representatives appointed by the commission . all representatives shall have voting rights . ### the management board shall be composed of one representative of each member state , three representatives of the permanent stakeholder group , one of which must represent the consumer interest , and two representatives appointed by the commission . all representatives shall have voting rights .


### the agency shall ensure that the public and any interested parties are given appropriate , objective , reliable and easily accessible information , in particular with regard to the results of its work . it shall also make public the declarations of interest made in accordance with article 22 . ### the agency shall ensure that the public and any interested parties are given appropriate , objective , reliable and easily accessible information , in particular with regard to the debates and the results of its work . it shall also make public the declarations of interest made in accordance with article 22 .


### 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 .


### it should be clarified that , where financial instruments are combined with other forms of support from the union budget , the rules on financial instruments should apply . such rules should be complemented , where applicable , by specific requirements stemming from the sector specific legislation . ### it should be clarified that , where financial instruments are combined with other forms of support from the union budget , the rules stemming from the sector specific legislation should apply . such rules should be complemented , where applicable , by specific requirements on financial instruments .


### in article 105 , in paragraph 2 , the second sentence is deleted ; ### in article 105 , in paragraph 2 , the second sentence is replaced by the following : “the outputs and results of a joint action plan may give rise to reimbursement only if attained after the date of the decision of approval of the joint action plan referred to in article 107 and before the end of the implementation period defined in that decision . ”


### a description of the projects or types of projects envisaged , together with the milestones , where relevant , and the targets for outputs and results linked to the common indicators by priority axis , where relevant . ; ### a description of the projects or types of projects envisaged , together with the milestones , where relevant , and the targets for outputs and results linked to the indicators used for their monitoring by priority axis , where relevant . ;


### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final . ### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be net zero by mid - century at the latest . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . accordingly , as of 2035 at the latest , only ultra - low emission vehicles should be placed on the market . however , greenhouse gas emissions in the transport sector already account for almost a quarter of total co2 emissions in the union and are continuing to rise . between 1990 and 2016 , emissions from transport in eu - 28 increased by 25% compared to 1990 levels . further estimates by the european environment agency had foreseen a continued increase by 2% between 2015 and 2016 making even more imperative the need for a drastic reduction of greenhouse gas emissions , in order to comply with the paris agreement , and for more ambitious policies and measures , including the use of public procurement of ultra - low emission vehicles . _________________ 21 com 501 final .


### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final . ### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health and the environment need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final .


### 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 .


### the impact assessment carried out underlines the benefits of changing the overall governance approach to clean vehicle procurement at union level . setting minimum procurement targets can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions , while noting the relevance to consider environmental aspects in all procurement decisions . the medium and long - term benefits for european citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities , entities and operators . ### the impact assessment carried out underlines the benefits of changing the overall governance approach to ultra - low emission vehicle procurement at union level . setting minimum procurement targets can effectively reach the objective of impacting market uptake of ultra - low emission vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions , while noting the relevance to consider environmental aspects in all procurement decisions . the medium and long - term benefits for european citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities , entities and operators .


### the maximum impact can be achieved if public procurement of clean vehicles is targeted in areas that have a relatively high degree of air pollution . public authorities in member states are encouraged to particularly focus on those areas when concluding the implementation of their domestic minimum targets and to reflect related action in their reporting under this amended directive . ### the maximum impact can be achieved if public procurement of ultra - low emission vehicles is targeted in areas that have a relatively high degree of air pollution . public authorities in member states are encouraged to particularly focus on those areas when concluding the implementation of their domestic minimum targets and to reflect related action in their reporting under this amended directive .


### reporting on public procurement under this amended directive should provide a clear market overview to enable effective monitoring of the implementation . it should start with an intermediate report in 2023 and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years . to minimise administrative burden on single public bodies and establish an effective market overview , simple reporting should be facilitated . the commission will ensure full reporting for low - and zero - emission and other alternative - fuel vehicles within the context of the common procurement vocabulary of the union . specific codes in the common procurement vocabulary will help the registration and monitoring under the tender electronic daily database . ### reporting on public procurement under this amended directive should provide a clear market overview to enable effective monitoring of the implementation . it should start with an intermediate report in 2023 and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years . to minimise administrative burden on single public bodies and establish an effective market overview , simple reporting should be facilitated . the commission will ensure full reporting for ultra - low emission and other alternative - fuel vehicles within the context of the common procurement vocabulary of the union . specific codes in the common procurement vocabulary will help the registration and monitoring under the tender electronic daily database .


### further support to market uptake of clean vehicles can be achieved by providing targeted public support measures at national and union level . this includes better exchange of knowledge and alignment of procurement to enable actions at a scale great enough for cost reductions and market impact . the possibility of public support in favour of promoting development of infrastructures necessary for the distribution of alternative fuels is recognised in the guidelines on state aid for environmental protection and energy 2014 - 202027 . however , the rules of the treaty , and in particular articles 107 and 108 thereof , will continue to apply to such public support . _________________ 27 oj c 200 , 28 . 6 . 2014 , p . 1 . ### further support to market uptake of ultra - low emission vehicles can be achieved by providing targeted public support measures at national and union level . this includes better exchange of knowledge and alignment of procurement to enable actions at a scale great enough for cost reductions and market impact . the possibility of public support in favour of promoting development of infrastructures necessary for the distribution of alternative fuels is recognised in the guidelines on state aid for environmental protection and energy 2014 - 202027 . however , the rules of the treaty , and in particular articles 107 and 108 thereof , will continue to apply to such public support . _________________ 27 oj c 200 , 28 . 6 . 2014 , p . 1 .


### 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


### ‘ clean vehicle’ means ### ‘ ultra - low emission vehicle’ means


### 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 hardware retrofitting to ultra - low emission vehicle standard 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 clean and zero - emission light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex .


### cpv code 60112000 - 6 60130000 - 8 60140000 - 1 60172000 - 3 90511000 - 2 60160000 - 7 60161000 - 4 cpv code 60112000 - 6 60130000 - 8 60140000 - 1 60172000 - 3 90511000 - 2 60160000 - 7 60161000 - 4 64121100 - 1 64121200 - 2 60120000 - 5 60170000 - 0 60171000 - 7 60181000 - 0 60180000 - 3 90511100 - 3 90511200 - 4 90511300 - 5 90511400 - 6 43211000 - 5 43260000 - 3 43262000 - 7 43300000 - 6 ### description public road transport services special - purpose road passenger - transport services non - scheduled passenger transport hire of buses and coaches with driver refuse collection services mail transport by road parcel transport services description public road transport services special - purpose road passenger - transport services non - scheduled passenger transport hire of buses and coaches with driver refuse collection services mail transport by road parcel transport services mail delivery services parcel delivery services taxi services hire of passenger transport vehicles with driver hire of passenger cars with driver hire of trucks with driver hire of goods - transport vehicles with driver urban solid - refuse collection services household - refuse collection services litter collection services paper collecting services bulldozers mechanical shovels , excavators and shovel loaders , and mining machinery excavating machinery construction machinery and equipment


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas in line with the 2030 agenda for sustainable development and the paris climate agreement , and to help reducing the union legislation - related administrative burden for beneficiaries .


### to enable producers to use vine varieties that are better adapted to changing climatic conditions and with higher resistance to diseases , provision should be made permitting products using designations of origin not only from vine varieties belonging to vitis vinifera but also from vine varieties stemming from a cross between vitis vinifera and other species of the genus vitis . ### to enable producers to use vine varieties that are better adapted to changing climatic conditions and with higher resistance to diseases , provision should be made permitting products using designations of origin not only from vine varieties belonging to vitis vinifera but also from other species of the genus vitis , as well as from vine varieties stemming from crosses between different species of the genus vitis .


### in respect of export credits , export credit guarantees and insurance programmes , agricultural exporting state trading enterprises and international food aid , member states may adopt national measures respecting union law . since the union and its member states are wto members , such national measures should also comply with the rules laid down in that wto ministerial decision of 19 december 2015 , as a matter of union law and international law . ### in respect of export credits , export credit guarantees and insurance programmes , agricultural exporting state trading enterprises and international food aid , member states may adopt national measures respecting union law , including policy coherence for development as per article 208 tfeu and the 2030 agenda for sustainable development . since the union and its member states are wto members , such national measures should also comply with the rules laid down in that wto ministerial decision of 19 december 2015 , as a matter of union law and international law .


### member states shall make available each year authorisations for new plantings corresponding to either : ### member states shall make available each year authorisations for new plantings for wine production corresponding to either :


### 1% of the total area actually planted with vines in their territory , as measured on 31 july of the previous year ; or ### 1% of the total area actually planted with vines for wine production in their territory , as measured on 31 july of the previous year ; or


### 1% of an area comprising the area actually planted with vines in their territory , as measured on 31 july 2015 , and the area covered by planting rights granted to producers in their territory in accordance with article 85h , article 85i or article 85k of regulation no 1234 / 2007 and available for conversion into authorisations on 1 january 2016 , as referred to in article 68 of this regulation . ; ### 1% of an area comprising the area actually planted with vines for wine production in their territory , as measured on 31 july 2015 , and the area covered by planting rights granted to producers in their territory in accordance with article 85h , article 85i or article 85k of regulation no 1234 / 2007 and available for conversion into authorisations on 1 january 2016 , as referred to in article 68 of this regulation . ;


### provided that , for a particular producer organisation , all of the following conditions are fulfilled : the volume of raw milk covered by such negotiations does not exceed 3 , 5 % of total union production the volume of raw milk covered by such negotiations which is produced in any particular member state does not exceed 33 % of the total national production of that member state , and the volume of raw milk covered by such negotiations which is delivered in any particular member state does not exceed 33 % of the total national production of that member state ; ### article 149 , paragraph 2 , point c is amended as follows : “provided that , for a particular producer organisation , all of the following conditions are fulfilled : the volume of raw milk covered by such negotiations does not exceed 7 , 5 % of total union production the volume of raw milk covered by such negotiations which is produced in any particular member state does not exceed 45 % of the total national production of that member state , and the volume of raw milk covered by such negotiations which is delivered in any particular member state does not exceed 45 % of the total national production of that member state ; ”


### areas to be newly planted in the framework of land consolidation projects ### article 64 , paragraph 2 , point c is deleted


### provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf ; however , member states may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas ### article 149 , paragraph 2 , point d is deleted


### provided that the raw milk is not covered by an obligation to deliver arising from the farmer ' s membership of a cooperative in accordance with the conditions set out in the cooperative ' s statutes or the rules and decisions provided for in or derived from these statutes ; and ### article 149 , paragraph 2 , point e is deleted