### the natural persons within the management of creditors and credit intermediaries who are responsible for or have a role in the intermediation , advice or approval of the credit agreement , possess appropriate knowledge and competence in relation to credit agreements . ### the natural persons within the management of creditors and credit intermediaries who are responsible for or have a role in the intermediation , advice or approval of the credit agreement , possess appropriate knowledge and competence in relation to credit agreements . they shall be subject to prescribed continuous professional development to validate their knowledge and competence .


### member states shall ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract . ### member states shall ensure that the consumer has a statutory right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract .


### member states shall ensure that , before the conclusion of the credit agreement , a thorough assessment of the consumer ' s creditworthiness is conducted by the creditor , based on criteria including the consumer ' s income , savings , debts and other financial commitments . that assessment shall be carried out on the basis of the necessary information , obtained by the creditor or , where applicable , credit intermediary from the consumer and from relevant internal or external sources and shall respect the requirements with regard to necessity and proportionality set out in article 6 of directive 95 / 46 / ec . member states shall ensure that creditors establish appropriate processes to assess the creditworthiness of the consumer . these processes shall be reviewed at regular intervals and up - to - date records of those processes shall be maintained . ### member states shall ensure that , before the conclusion of the credit agreement , a thorough assessment of the consumer ' s creditworthiness and the affordability of the credit agreement and its conditions to the consumer are conducted by the creditor , based on criteria that should be made public including the consumer ' s income , savings , debts and other financial commitments . that assessment shall be carried out on the basis of the necessary information , obtained by the creditor or , where applicable , credit intermediary from the consumer and from relevant internal or external sources and shall respect the requirements with regard to necessity and proportionality set out in article 6 of directive 95 / 46 / ec . member states shall ensure that creditors establish appropriate processes to assess the consumer ' s creditworthiness and affordability of the credit agreement and its conditions to the consumer in the interest of consumers . these processes shall be reviewed at regular intervals and up - to - date records of those processes shall be maintained .


### member states shall designate the competent authorities empowered to ensure implementation of this directive and shall ensure that they are granted all the powers necessary for the performance of their duties . ### member states shall designate the competent authorities empowered to ensure implementation of this directive and enactment of all its provisions in the interest of the market and all market participants . they shall ensure that they are granted sufficient resources and all the investigating and sanctioning powers necessary for the performance of their duties . member states shall make it possible for the inquirers to access all premises , request the notification of mortgage contracts , esis , books , invoices and all other professional documents and obtain or take copies of these by any means and on all media and collect information and proof by means of summons or in situ . in case of activity in a host member state , supervision of the ongoing activities of creditors and credit intermediaries shall be performed by the competent authority of the host member state . the competent authority of the home member state shall be required to provide the competent authority of the host member state with all relevant information . competent authorities of the host member state shall have the power to intervene if credit intermediaries fail to comply with their duties and responsibilities defined in this directive . in addition , competent authorities of the host member state shall be granted the right to refuse authorisations .


### member states shall ensure that the creditor or credit intermediary , upon request of the consumer , provides the consumer with a copy of the draft credit agreement free of charge . this provision shall not apply in cases where the creditor is unwilling , at the time of the request , to proceed to the conclusion of the credit agreement with the consumer . ### member states shall ensure that the creditor or credit intermediary , upon request of the consumer , provides the consumer with a copy of the draft credit agreement free of charge . this provision shall not apply in cases where the creditor is unwilling , at the time of the request , to proceed to the conclusion of the credit agreement with the consumer . moreover , it is understood that all pre - contractual information should be given by the creditor or , where applicable , by credit intermediaries free of charge to the consumer .


### member states shall ensure that the authorities designated as competent for ensuring the implementation of articles 18 , 19 , 20 and 21 of this directive are one of those competent authorities included in article 4 of regulation no 1093 / 2010 establishing a european supervisory authority . ### member states shall ensure that the authorities designated as competent for ensuring the implementation of articles 18 , 19 , 20 , 21 , 22 and 23 of this directive are one of those competent authorities included in article 4 of regulation no 1093 / 2010 establishing a european supervisory authority .


### ‘ credit intermediary’ means a natural or legal person who is not acting as a creditor and who , in the course of his trade , business or profession , for a fee , which may take a pecuniary form or any other agreed form of financial consideration : ### ‘ credit intermediary’ means a natural or legal person who is not acting as a creditor and who , in the course of his trade , business or profession , for remuneration , which may take a pecuniary form or any other agreed form of financial consideration :


### member states may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions . such conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , or restrictions with regard to the circumstances under which the right may be exercised . member states may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit . in any event , if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a special interest on the part of the consumer . ### member states shall guarantee that creditors do not penalise consumers who exercise the right referred to in paragraph 1 and preserve the creditor’s indemnity whilst ensuring market efficiency .


### ‘ ancillary service’ means a financial service offered to the consumer by the creditor or credit intermediary in conjunction with the credit agreement . ### ' ancillary service ' means a financial service , required by the creditor - de jure or de facto - or by law and offered to the consumer by the creditor , or a credit intermediary or a third party in conjunction with the credit agreement


### to address specific global and trans - regional threats having a destabilising effect , including climate change . ### to address specific global and trans - regional threats having a destabilising effect , and to ensure preparedness to address pre - and post - crisis situations , including climate change .


### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting authorities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions . ### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting authorities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions , in partcular in relation to provisions contained in articles 54 , 55 and 71 .


### material assets , cultural heritage and the landscape ### material assets , cultural and historical heritage and the landscape ;


### the cumulation of effects with other projects and activities ; ### the cumulation of effects with other projects ;


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ date ] at the latest . they shall forthwith communicate to the commission the text of those provisions and a document explaining the relationship between them and this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ publications office , please insert date : 24 months from the entry into force of this directive ] at the latest . they shall forthwith communicate to the commission the text of those provisions and a document explaining the relationship between them and this directive .


### over the last decade , environmental issues , such as resource efficiency , biodiversity , climate change , and disaster risks , have become more important in policy making and should therefore also constitute critical elements in assessment and decision - making processes , especially for infrastructure projects . ### over the last decade , environmental issues , such as resource efficiency , biodiversity , climate change , and disaster risks , have become more important in policy making and should therefore also constitute critical elements in assessment and decision - making processes , especially for infrastructure projects . the commission should propose a list of criteria and indications including visual impact with a view to a better implementation of directive 2011 / 92 / eu with regard to the conservation of historical and cultural heritage , as there are currently no guidelines in that respect .


### a description of the relevant aspects of the existing state of the environment and the likely evolution thereof without implementation of the project . this description should cover any existing environmental problems relevant to the project , including , in particular , those relating to any areas of a particular environmental importance and the use of natural resources . ### a description of the relevant aspects of the existing state of the environment .


### - the execution of construction or demolition works , or of other installations or schemes , ### - the execution of construction including demolition works , or of other installations or schemes ,


### the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and / or committees of national experts . ### the competent authority shall ensure that the environmental report is verified by independent and technically competent experts and / or committees of known national experts .


### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes . ### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence , if they deem that such application would have an adverse effect on those purposes .


### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes . ### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence , the response to civil emergencies or protection of historical heritage as classified by the competent autorities of the member state if they deem that such application would have an adverse effect on those purposes .


### nature reserves and parks , permanent pastures , agriculture areas with a high nature value ; ### nature reserves and parks , permanent pastures and environmentally valuable pastures , agriculture areas with a high nature value ;


### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact and alternatives to the proposed project . the detailed list of information to be provided in the environmental report is specified in annex iv .


### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in articles 3 to 11 of directive 2011 / 92 / eu as amended by this directive . ### projects for which the request for development consent was introduced before the date referred to in the first subparagraph of article 2 shall be subject to the arrangements previously laid down in articles 3 to 11 of directive 2011 / 92 / eu .


### the description of the forecasting methods used to assess the effects on the environment referred to in point 5 , as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative . ### the description of the forecasting methods used to assess the effects on the environment referred to in point 5 , as well as an account of the main uncertainties involved . this description shall also contain an indication of any difficulties encountered by the developer in compiling the required information and of the sources used for the descriptions and assessments made .


### the developer shall ensure that the environmental report is prepared by accredited and technically competent experts or ### the developer shall ensure that the environmental report is prepared by technically competent experts and


### depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its decision is expected . ### depending on the nature , complexity , location and size of the proposed project , the competent authority may , exceptionally , extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer , in writing , of the reasons justifying the extension and of the date when its decision is expected .


### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project .


### the detailed arrangements for the use and selection of accredited and technically competent experts , shall be determined by the member states . ### the detailed arrangements for the use and selection of technically competent experts , shall be determined by the member states . in any case , the technically competent experts and committees of national experts must provide appropriate guarantees of competence and impartiality when verifying environmental reports or other environmental information in accordance with this directive , ensuring that their assessment is scientifically objective and independent , without any interference or influence from the competent authority , the developer or the national authorities .


### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . ' ### ' environmental impact assessment ' shall mean the process of preparing an environmental report by the developer , carrying out the consultations referred to in article 6 , the assessment by the competent authority and / or by the authorities referred to in article 6 , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 .


### member states may also decide to make available to the public the information referred to in paragraph 1 , when the competent authority concludes its environmental impact assessment of the project . ### member states may also decide to make available to the public the information referred to in paragraph 1 before any decision has been taken as to the granting or refusal of development consent , when the competent authority concludes its environmental impact assessment of the project .


### experience has shown that in cases of civil emergency compliance with the provisions of directive 2011 / 92 / eu may have adverse effects , and provision should therefore be made to authorise member states not to apply that directive in appropriate cases . ### experience has shown that , as regards the response given to cases of civil emergency , compliance with the provisions of directive 2011 / 92 / eu may have adverse effects , and provision should therefore be made , in specific cases , to authorise member states not to apply that directive to projects the sole aim of which is to respond to such emergencies , in order to protect human life and the environment from damage caused by natural or man - made disasters .


### a description , of the technical , locational or other aspects of the alternatives considered , including the identification of the least environmentally impacting one , and an indication of the main reasons for the choice made , taking into account the environmental effects . ### an outline of the main alternatives studied and the reasons why the project presented was selected , taking into account its impact on the environment or human health .


### the environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project , including the likely evolution of the existing state of the environment without implementation of the project , as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design . ### the environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project , including the likely evolution of the existing state of the environment without implementation of the project , as a means to improve quality of the comparative assessment process and to allow integrating environmental considerations at an early stage in the project’s design , in order to enable the most sustainable choice , with the least environmental impact , to be made .


### the environmental impact assessment shall identify , describe and assess in an appropriate manner , in the light of each individual case and in accordance with articles 4 to 11 , the direct and indirect significant effects of a project on the following factors : ### the environmental impact assessment shall identify , describe in detail and assess in an appropriate manner , in the light of each individual case and in accordance with articles 4 to 11 , the direct and indirect significant effects of a project , considered in its entirety , on the following factors :


### a description of the physical characteristics of the whole project , including , where relevant , its subsurface , during the construction and operational phases ; ### a description of the physical characteristics of the whole project , including , where relevant , its subsurface and underground , during the construction and operational phases , including demolition ;


### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer , taking into account any comments made by the public and the local authorities concerned and , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall :


### under the coordinated procedure , the competent authority shall coordinate the various individual assessments required by the union legislation concerned and issued by several authorities , without prejudice to any provisions to the contrary contained in other relevant union legislation . ### under the coordinated procedure , the competent authority shall coordinate the various individual assessments required by the union legislation concerned and issued by various authorities , without prejudice to any provisions to the contrary contained in other relevant union legislation .


### the competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected . ### the competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information . depending on the nature , complexity , location and size of the proposed project , the competent authority may further extend that deadline for which member states shall set a reasonable time - frame which shall not be longer than three months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected .


### the supply of goods made to the consumer ' s specifications or clearly personalized or which are liable to deteriorate or expire rapidly ; ### the supply of goods made to the consumer ' s specifications or clearly personalized or in the case of which withdrawal is incompatible with the nature of the goods , product or service ;


### member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this directive , including more or less stringent provisions to ensure a different level of consumer protection . ### member states may maintain or introduce , in their national laws , provisions diverging from those laid down in this directive as long as they guarantee a higher degree of consumer protection . 1a . the rights resulting from this directive shall be exercised without prejudice to the provisions of another community act governing consumer protection .


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in good time before the consumer is bound by any distance or off - premises contract or any corresponding offer , the trader or any person acting in his name or on his behalf shall provide the consumer with the following information in a clear and intelligible manner :


### the consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in annex i . ### the consumer shall inform the trader of his decision to withdraw on a durable medium either using the standard withdrawal form as set out in annex i or in a clearly worded statement addressed to the trader .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer in time for the conclusion of the contract , before the consumer is bound by the distance contract or offer . the information shall be provided in plain and intelligible language , including the language of the consumer , and be legible and clear , in a way appropriate to the means of communication used .


### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are primarily outside his trade , business , craft or profession ;


### contract terms which are unfair shall not be binding on the consumer . the contract shall continue to bind the parties if it can remain in force without the unfair terms . ### contract terms , which are unfair and are not compatible with the transparency requirements laid down in article 31 , paragraphs 1 and 2 , of the present directive , shall not be binding on the consumer . the contract shall continue to bind the parties if it can remain in force without the unfair and non - transparent terms .


### in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . ### in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer acquires the material possession of each of the goods ordered . where the order relates to a good made up of several parts or pieces , the withdrawal period shall begin from the day on which the consumer acquires the material possession of the final part or piece .


### for distance contracts concluded on the internet , the trader may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website . in that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay . ### for distance contracts concluded on the internet , if the trader gives the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website , the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay .


### the consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods . he shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with article 9 . for service contracts subject to a right of withdrawal , the consumer shall bear no cost for services performed , in full or in part , during the withdrawal period . ### the consumer is not required to pay for : any dinimution in the value of anything received under the contract caused by inspection and testing ; b ) any destruction , or loss of , or damage to , anything received under the contract , provided that the consumer used reasonable care to prevent such destruction , loss or damage .


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if , in conformity with the national law applicable , the trader makes a telephone call to the consumer with a view to concluding a distance contract by telephone , the trader shall disclose his identity and , where applicable , the identity of the person on whose behalf he makes the call , and the commercial purpose of the call at the beginning of the conversation with the consumer .


### for the sale of immovable property or relating to other immovable property rights , except for rental and works relating to immovable property ; ### for or in connection with the sale or acquisition of immovable property or the formation or transfer of rights in rem or contracts in the context of a sale of immovable property or the formation or transfer of rights in rem . this includes , in particular agreements connected with such legal acts , such as sales of immovable property still to be developed or hire - purchase . this directive shall however apply to contracts for mere rental of immovable property or mere works on immovable property ;


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 5 and 10 , the withdrawal period shall expire one year after the time specified in article 12 .


### consumers should be entitled to receive information before the conclusion of the contract . however traders should not have to provide the information when already apparent from the context . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context . ### consumers should be entitled to receive information before the conclusion of the contract in a language they understand . however traders should not have to provide the information when already apparent from the context , but should be required to draw the attention of consumers to such information and answer any queries or provide explanations . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context .


### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession and anyone acting in the name of or on behalf of a trader ; ### ' trader ' means any natural or legal person and anyone acting in the name or on behalf of the trader , irrespective of whether privately or publicly owned who , in contracts covered by this directive , is acting for purposes relating to this person ' s trade , business , craft or profession , irrespective of whether or not this person intends to make profit in the course of this activity ;


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 5 , 10 and 11 , the withdrawal period shall expire one year after the trader has fully performed his other contractual obligations .


### the arrangements for payment , delivery , performance and the complaint handling policy , if they depart from the requirements of professional diligence ; ### the arrangements for payment , delivery , performance and the complaint handling policy ;


### they are fit for the purposes for which goods of the same type are normally used or ### they are fit for the purposes for which goods of the same type are normally used and ;


### an off - premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper , receives a copy of the order form on another durable medium . ### an off - premises contract shall be valid only if the consumer signs the order form .


### contracts concluded at an auction . ### contracts concluded at a public auction .


### the information referred to in articles 5 and 7 and , by way of derogation from article 5 , the arrangements for payment , delivery and performance in all cases ; ### the information referred to in articles 5 and 7 ;


### the consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in annex i . ### the consumer shall inform the trader of his decision to withdraw either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in annex i . returning the subject matter of the contract before the expiration of the withdrawal period is considered a notice of withdrawal .


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if the trader contacts the consumer with a view to concluding a distance contract by telephone , the trader shall disclose at the beginning of the conversation with the consumer his identity and where applicable the identity of the person on whose behalf he makes the call and the commercial purpose of the call .


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to all written and oral contracts concluded between a trader or a third party and a consumer , irrespective of whether they have been individually or collectively negotiated .


### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive . this directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former directives under which member states could maintain or adopt stricter national rules . ### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive . this directive should accordingly lay down standard rules for the common aspects whilst allowing member states to maintain or adopt stricter national rules providing for a higher level of consumer protection .


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### if the good is not in conformity with the contract , the consumer should always have the possibility to choose between different remedies granted by this directive . the consumer should be entitled to require the trader to repair the goods or to replace them , have the price reduced or the contract rescinded .


### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession and anyone acting in the name of or on behalf of a trader ; ### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession and anyone acting in the name of or on behalf of a trader , irrespective of whether privately or publicly owned .


### business premises should include premises in whatever form which serve as a permanent place of business for the trader . market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises . ### the definition of ' business premises ' means any immovable or movable retail premises , including seasonal retail premises , where the trader undertakes his activity on a permanent basis . market stalls and fair stands should not be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises .


### an off - premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper , receives a copy of the order form on another durable medium . ### the order form shall be provided to the consumer prior to the conclusion of the contract . in cases where the order form is not on paper , the coonsumer receives a copy of the order form on another durable medium . an off - premises contract shall only be valid if the consumer signs the order form .


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### where the trader has failed to fulfil his obligations to deliver on time as provided for in paragraph 1 and where responsibility for this clearly lies with the trader , the consumer shall be entitled under national law to rescind the contract and seek a refund of any sums paid within a reasonable period of time and in no case later than seven days from the date on which the trader was informed of the consumer ' s decision to rescind the contract . +


### consumers should be entitled to receive information before the conclusion of the contract . however traders should not have to provide the information when already apparent from the context . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context . ### consumers should be entitled to receive information before the conclusion of the contract in a language they understand . however traders should not have to provide the information when already apparent from the context , but should be required to draw the attention of consumers to such information and answer any queries or provide explanations . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . ### the trader shall reimburse any payment , including , if applicable , the costs of delivery , received from the consumer without undue delay , and in any case not later than thirty days from the day on which he receives the communication of withdrawal .


### for the sale of immovable property or relating to other immovable property rights , except for rental and works relating to immovable property ; ### for or in connection with the sale or acquisition of immovable property or the formation or transfer of rights in rem or contracts in the context of a sale of immovable property or the formation or transfer of rights in rem . this includes , in particular agreements connected with such legal acts , such as sales of immovable property still to be developed or hire - purchase . this directive shall however apply to contracts for mere rental of immovable property or mere works on immovable property ;


### consumer contracts should be drafted in plain , intelligible language and be legible . traders should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited . ### consumer contracts should be drafted in plain , intelligible language , in a single font size , and should be legible . traders should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . . ### the trader shall reimburse all payments received from the consumer without delay and at the latest fourteen days from the day on which he receives the communication of withdrawal .


### the supply of sealed audio or video recordings or computer software which were unsealed by the consumer ; ### the supply of sealed audio or video recordings or computer software which were unsealed by the consumer , unless the product received by the consumer differs from the product that had been ordered ;


### legal rights of the consumer , as provided for in article 26 and a clear statement that those rights are not affected by the commercial guarantee , ### legal rights of the consumer , as provided for in articles 26 and 28 , and by any additional provisions of current national legislation , and a clear statement that those rights are not affected by the commercial guarantee ,


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in articles 7 and 9 shall be given or made available to the consumer prior to the contractual statement , in plain and intelligible language , in a way appropriate to the means of distance communication used . the information shall be easily , directly and permanently accessible .


### consumer contracts should be drafted in plain , intelligible language and be legible . traders should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited . ### consumer contracts should be drafted in plain , intelligible language , be legible and at all events be available at least in the language of the consumer . traders should be free to choose the font type or size in which the contract terms are drafted , providing they meet the above conditions and comply with any requirements of member states . furthermore , terms of contracts should also appear prominently in the contract and be available in the language in which the contract has been drawn up . member states may maintain or introduce in their national law additional requirements concerning better presentation of the terms . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited .


### general information requirements ### information requirements for distance and off - premises contracts


### member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this directive , including more or less stringent provisions to ensure a different level of consumer protection . ### except where provided for in paragraph 2 , member states may adopt or maintain in force more stringent provisions , in the field covered by this directive , in order to ensure a higher level of consumer protection . 1a . member states may not maintain or introduce in their national law provisions diverging from those laid down in articles 12 to 17 , including more or less stringent provisions to ensure a different level of consumer protection .


### member states shall ensure that contract terms , as set out in the list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure that contract terms , as set out in the non - exhaustive list in annex ii , are considered unfair in all circumstances . that list of contract terms shall apply in all member states . member states may adopt , or maintain in force , contract terms in addition to that list .


### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . ### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide the information regarding the main characteristics of the product , the final price , the duration of the contract and if the contract is open - ended , the conditions for terminanting the contract referred to in articles 5 and on that particular medium in time and prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 and the consumer shall be informed thereof on a durable medium prior to the conclusion of such a contract .


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### where the trader has failed to fulfil his obligations in meeting the agreed delivery date , the consumer shall be entitled to cancel the contract or set a new final deadline , up until which the good has to be delivered to him / her by the trader .


### there shall be no lack of conformity for the purposes of this article if , at the time the contract was concluded , the consumer was aware , or should reasonably have been aware of , the lack of conformity , or if the lack of conformity has its origin in materials supplied by the consumer . ### there shall be no lack of conformity for the purposes of this article if , at the time the contract was concluded , the consumer was aware , or could not reasonably have been unaware of , the lack of conformity , or if the lack of conformity has its origin in materials supplied by the consumer .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . ### the trader shall reimburse any payment received from the consumer without delay and not later than fifteen days from the day on which he receives the notification of withdrawal . reimbursement shall be made by any means of payment . however , at the proposal of the trader , consumers who have exercised their right of withdrawal may opt for a different method of reimbursement .


### full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business . both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the community . the effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area . these barriers can only be eliminated by establishing uniform rules at community level . furthermore consumers will enjoy a high common level of protection across the community . ### unless otherwise specified and respective of article 159 eu - treaty , the provisions of this directive shall not hinder the member states in introducing or maintaining further regulations , that improve consumer protection . however , the full harmonisation of some key regulatory aspects is justified in order to secure a single regulatory framework for consumer protection and in order to considerably increase legal certainty for both consumers and business in cross - border business . in this case , both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business - to - consumer contracts across the community . thus , the consumer will enjoy a high common level of protection across the union . furthermore , by establishing uniform rules at unionlevel , this shall eliminate the barriers stemming from the improportionate fragmentation of the rules and shall complete the internal market in this area .


### business premises should include premises in whatever form which serve as a permanent place of business for the trader . market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises . ### the definition of ' business premises ' means any immovable or movable retail premises , including seasonal retail premises , where the trader undertakes his activity on a permanent basis . market stalls and fair stands should not be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises .


### without prejudice to the provisions of this chapter , the consumer may claim damages for any loss not remedied in accordance with article 26 . ### the consumer may claim damages for any loss not remedied in accordance with article 26 , including any non - pecuniary loss caused by the non - conformity in so far as the consumer is entitled to the compensation of such non - pecuniary loss under the law applicable to the contract .


### for distance contracts concluded on the internet , the trader may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website . in that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay . ### for distance contracts concluded on the internet , if the trader gives the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website , the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay .


### consumers should be entitled to receive information before the conclusion of the contract . however traders should not have to provide the information when already apparent from the context . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context . ### consumers should be entitled to receive information before the conclusion of the contract to allow them to give a valid and contractual statement .


### they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect , given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling . ### they show the quality and performance which are normal in goods of the same type including the consideration of the designated use of the good , the appearance and the completion of it , the non - existence of minor defects and life expectancy of the good , the availability of after - sales service and of replacement equipment , the conformity to legal requirements regarding the safety of goods , and which the consumer can reasonably expect , given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling .


### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . ### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information referred to in articles 5 , , , and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . the consumer shall be informed of the medium in question before the conclusion of the contract .


### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural or legal person for whom the products or services offered on the market are intended or who uses such products or services in so far as he or she is the final recipient . ' consumer ' also means any recipient of the advertising message . member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this article , including more or less stringent provisions intended to ensure a different level of consumer protection .


### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , at the time of the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 . ### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , to all the circumstances occurring before , during and after the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 .


### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be deemed unfair unless the trader proves otherwise . these same lists should apply in all member states . ### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two non - exhaustive lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be presumed to be unfair unless the trader proves otherwise .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . in the case of a distance contract for the provision of services , the withdrawal period shall begin from the day of the conclusion of the contract . ### in the case of a distance or off - premises contract for the supply of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered . in the case of the supply of goods in several parts or pieces , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece .


### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession and anyone acting in the name of or on behalf of a trader ; ### ' trader ' means any natural or legal person and anyone acting in the name or on behalf of the trader , irrespective of whether privately or publicly owned who , in contracts covered by this directive , is acting for purposes relating to this person ' s trade , business , craft or profession , irrespective of whether or not this person intends to make profit in the course of this activity ;


### without prejudice to articles 32 and 35 and annex iii , set out , where applicable , that the commercial guarantee cannot be transferred to a subsequent buyer . ### include the information that the commercial guarantee can be transferred to a subsequent buyer .


### ' sales contract ' means any contract for the sale of goods by the trader to the consumer including any mixed - purpose contract having as its object both goods and services ; ### ' sales contract ' means any contract for the sale of goods and services by the trader to the consumer including any mixed - purpose contract having as its object both goods and services ;


### in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . ### in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer acquires the material possession of each of the goods ordered . where the order relates to a good made up of several parts or pieces , the withdrawal period shall begin from the day on which the consumer acquires the material possession of the final part or piece .


### unless the parties have agreed otherwise , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , within a maximum of thirty days from the day of the conclusion of the contract . ### the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , on the day agreed between the trader and the consumer , within a maximum of thirty days from the day of the conclusion of the contract .


### consumer contracts should be drafted in plain , intelligible language and be legible . traders should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited . ### consumer contracts should be drafted in plain , intelligible language , be legible and easily and permanently accessible in the language in which the contract is concluded . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available where the consumer reasonably expects to find them or attaching standard terms to the order form . the trader should seek the consumer ' s prior and express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited .


### the guarantee statement shall be drafted in plain intelligible language and be legible . it shall include the following : ### the guarantee statement shall be drafted in plain intelligible language and be legible . the guarantee shall be drafted in the language of the contract . it shall include the following :


### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . the consumer shall only be charged for the direct cost of returning the goods unless the trader has agreed to bear that cost . ### for distance or off - premises contracts for the supply of goods for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . the consumer shall only be charged for the direct cost of returning the goods . he shall not be charged for that cost if the trader has agreed to bear it or the price of the goods to be returned is more than eur 50 .


### the arrangements for payment , delivery , performance and the complaint handling policy , if they depart from the requirements of professional diligence ; ### the arrangements for payment , delivery and performance ;


### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive . this directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former directives under which member states could maintain or adopt stricter national rules . ### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive . this directive should accordingly lay down standard rules for the common aspects whilst allowing member states to maintain or adopt stricter national rules providing for a higher level of consumer protection .


### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive . this directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former directives under which member states could maintain or adopt stricter national rules . ### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive . this directive should accordingly lay down standard rules for the common aspects while allowing member states to maintain or adopt stricter national rules providing for a higher level of consumer protection .


### member states shall ensure that contract terms , as set out in the list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 . that list of contract terms shall apply in all member states and may only be amended in accordance with articles 39 and 40 . ### member states shall ensure that contract terms , as set out in the non - exhaustive list in point 1 of annex iii , are considered unfair , unless the trader has proved that such contract terms are fair in accordance with article 32 . member states may adopt , or maintain in force , contracts terms in addition to that list .


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the price inclusive of taxes , or where the nature of the good or service means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges and any other cost or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ;


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the final price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; if applicable the percentage of the price that is due to private copying levy on equipment or blank media . in case of an open - ended contract , the final price shall mean the total monthly costs .


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 5 . 1 , and 10 , the withdrawal period shall expire one year after the time specified in article 12 . 2


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 5 , 10 and 11 , the withdrawal period shall expire one year after the trader has fully performed his other contractual obligations .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in articles 7 and 9 shall be given or made available to the consumer prior to the contractual statement , in plain and intelligible language , in a way appropriate to the means of distance communication used . the information shall be easily , directly and permanently accessible .


### furthermore , in case of distance contracts for the provision of services , for which the performance begins during the withdrawal period , it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part . therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement . ### furthermore , in case of distance contracts for the provision of services , for which the performance begins during the withdrawal period , it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full .


### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , at the time of the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 . ### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , before , at the time of and after the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 .


### for distance contracts concluded on the internet , the trader may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website . in that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay . ### if the trader gives in case of distance contracts concluded on the internet the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website , he shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay .


### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , at the time of the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 . ### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , to all the circumstances occurring before , during and after the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 .


### the consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods . he shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with article 9 . for service contracts subject to a right of withdrawal , the consumer shall bear no cost for services performed , in full or in part , during the withdrawal period . ### the consumer shall not be liable for : any diminished value of the subject - matter resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods ; any destruction , or loss of , or damage to the subject - matter , provided that the consumer used reasonable care to prevent such destruction , loss or damage .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer in time for the conclusion of the contract , before the consumer is bound by the distance contract or offer . the information shall be provided in plain and intelligible language , including the language of the consumer , and be legible and clear , in a way appropriate to the means of communication used .


### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be deemed unfair unless the trader proves otherwise . these same lists should apply in all member states . ### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two non - exhaustive lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be presumed to be unfair unless the trader proves otherwise .


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . if the trader has not complied with any other information requirement as referred to in paragraph 1 , the consumer may avoid the contract , unless this is unreasonable in the circumstances ; or claim damages for any loss resulting from the failure to comply with the information requirement .


### consumer contracts should be drafted in plain , intelligible language and be legible . traders should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited . ### consumer contracts should be drafted in plain , intelligible language , be legible and easily and permanently accessible in the language in which the contract is concluded . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available where a consumer reasonably expects to find them or attaching standard terms to the order form . the trader should seek the consumer ' s prior and express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited .


### supporting energy efficiency and renewable energy use in public infrastructures ; ### supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ;


### housing . ### housing except for promoting energy efficiency and renewable energy use .


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon strategies for all types of territories , in particular urban areas , including the promotion of sustainable urban mobility , clean public transport and mitigation relevant adaptation measures ;


### other greenhouse gases , climate forcers or air pollutants should not be covered by the union mrv system at this stage to avoid requirements to install not sufficiently reliable and commercially available measurement equipment , which could impede the implementation of the union mrv system . ### the union mrv system is an opportunity to ensure coherent regulation of the shipping sector with regard to all air emissions . thus the mrv will require the monitoring of all gases contained in marpol annex vi . this is a necessary measure to ensure that the legislation enacted to reduce the growing adverse health effects from shipping air pollution is complied with .


### this regulation shall enter into force on 1 july 2015 . ### this regulation shall enter into force on 1 july 2014 .


### this regulation lays down rules for the accurate monitoring , reporting and verification of carbon dioxide emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of co2 emissions from maritime transport in a cost effective manner . ### this regulation lays down rules for the accurate monitoring , reporting and verification of air emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of air emissions from maritime transport in a cost effective manner .


### other greenhouse gases , climate forcers or air pollutants should not be covered by the union mrv system at this stage to avoid requirements to install not sufficiently reliable and commercially available measurement equipment , which could impede the implementation of the union mrv system . ### other greenhouse gases , climate forcers or air pollutants should not be covered by the union mrv system at this stage to avoid requirements to install not sufficiently reliable and commercially available measurement equipment , which could impede the implementation of the union mrv system . should future technological progress make it possible to measure other climate - relevant substances without incurring major additional burdens for shipowners , such substances should be included in the mrv system . the commission should inform the european parliament of technological developments at regular two - year intervals .


### the rules should take into account existing requirements and data already available on board of ships ; therefore , ship owners should be given the opportunity to select one out of the following four monitoring methods : the use of bunker fuel delivery notes , bunker fuel tank monitoring , flow meters for applicable combustion processes or direct emission measurements . a ship specific monitoring plan should document the choice made and provide further details on the application of the selected method . ### ship owners should be given the opportunity to select one out of the following two monitoring methods to ensure accuracy : flow meters for applicable combustion processes or direct emission measurements . a ship specific monitoring plan should document the choice made and provide further details on the application of the selected method .


### to minimise the administrative burden for ship owners and operators , reporting and publication of reported information should be organised on an annual basis . by restricting the publication of emissions , fuel consumption and efficiency - related information to annual averages and aggregated figures , confidentiality issues should be addressed . the data reported to the commission should be integrated with statistics to the extent that these data are relevant for the development , production and dissemination of european statistics in accordance with commission decision 2012 / 504 / eu of 17 september 2012 on eurostat18 . __________________ 18 oj l 251 , 18 . 9 . 2012 , p . 49 ### to minimise the administrative burden for ship owners and operators , reporting and publication of reported information should be organised on an annual basis . by restricting the publication of emissions , fuel consumption and efficiency - related information to annual averages and aggregated figures , confidentiality issues should be addressed . on the other hand it is important to provide charterers and other industry stakeholders with route specific data to ensure market barriers are removed and the most efficient ships are rewarded . the data reported to the commission should be integrated with statistics to the extent that these data are relevant for the development , production and dissemination of european statistics in accordance with commission decision 2012 / 504 / eu of 17 september 2012 on eurostat18 . __________________ 18 oj l 251 , 18 . 9 . 2012 , p . 49


### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains setting up a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment . ### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains implementing a market - based measure where setting up a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships is a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment .


### annual co2 emissions ; ### annual co2 , sox and nox emissions ;


### from 1 january 2018 , companies shall , based on the monitoring plan approved in accordance with article 13 , monitor emissions for each ship on a per - voyage and an annual basis by applying the appropriate method among those set out in part b of annex i and by calculating emissions in accordance with part a of annex i ### from 1 january 2018 , companies shall , based on the monitoring plan approved in accordance with article 13 , monitor emissions for each ship on a per - voyage basis , or on a monthly basis for very short scheduled voyages , and on an annual basis by applying the appropriate method among those set out in part b of annex i and by calculating emissions in accordance with part a of annex i


### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . ### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests , promoting shared values and interest and the principle of mutual accountability . the partnership instrument shall support measures that respond in an effective , transparent and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern .


### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementing measures . ### in implementing this regulation , the union shall aim to ensure coherence for development , complementarity , more effectiveness and impact , and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementing measures .


### the name of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials ; ### the name of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials , if significant , and of the active principles intended for release by the article or material treated , under normal and foreseeable conditions of use ;


### where relevant , the biocidal property attributed to treated articles or materials ; ### where relevant , the biocidal property attributed to treated articles ;


### the authorisation holder or his representative shall submit an application for renewal of a community authorisation to the agency at least 18 months before the expiry date of the authorisation . ### the authorisation holder or his representative shall submit an application for renewal of a community authorisation to the agency at least 12 months before the expiry date of the authorisation .


### a biocidal product shall be considered as substantially identical to the reference product if one of the following conditions is met : the source of the active substances it contains is the same in terms of manufacturer and location of the production plant ; b ) it is either the same or similar with regard to the non - active substances present and the type of formulation ; c ) it is either the same or equivalent in terms of the potential adverse impact on the safety of the product with regard to human or animal health or the environment . ### a biocidal product shall be considered as identical to the reference product if all the following conditions are met : it has been manufactured by the same company or one of its associate companies or under licence , following the same production process ; b ) it is the same with regard to the specifications , the active substances present and the type of formulation ; c ) it is either the same or equivalent , as regards the co - formulants it contains and the format , materials and form of its packaging , in terms of the potential adverse impact on the safety of the product with regard to human or animal health or the environment .