### terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . ### terminal rates are based on multilateral and bilateral agreements between parcel delivery service providers and ensure that the destination parcel delivery service provider is remunerated for the costs of the service provided to the originating parcel delivery service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . terminal rates are commercially sensitive business data .


### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the provider is established , broken down in parcel delivery services relating to national , incoming and outgoing cross - border postal items ; ### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the parcel delivery service provider is established , broken down in parcel delivery services relating to domestic , incoming and outgoing cross - border postal items ;


### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the provider is established , broken down in parcel delivery services relating to national , incoming and outgoing cross - border postal items ; ### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the provider is established , broken down in parcel delivery services relating to national , incoming and outgoing cross - border parcels ;


### the commission shall publish the non - confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30 april of each calendar year at the latest . ### the national regulatory authority shall submit its further assessment , including any justification provided in accordance with paragraph 3 to the commission . in addition , the national regulatory authority shall provide a non - confidential version of its assessment to the commission . the information required by this paragraph shall be provided by 31 july of the relevant calendar year at the latest , and the commission shall publish the non - confidential version of the assessment provided by the national regulatory authorities without delay and in any event within one month of receipt .


### significant differences between domestic and cross - border tariffs for parcel delivery services should be justified by objective criteria , such as additional costs for transport and a reasonable profit margin . universal service providers providing parcel delivery services should be required to provide such justification without delay . ### significant differences between domestic and cross - border tariffs for parcel delivery services should be justified by objective criteria , such as additional costs for transport and a reasonable profit margin . parcel delivery service providers should be required to provide such justification without delay .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to parcel delivery service providers and their subsidiaries , with less than 5% of the national market share , which employed on average fewer than 25 persons over the course of the previous calendar year . the number of persons shall be calculated on the basis of the average annual number of full - time , part - time , temporary employees and self - employed , as well as persons working for sub - contracting companies in parcel delivery services . a breakdown of the calculations shall be made available upon request .


### the nature of the services offered by the provider ; ### the detailed description of the parcel delivery services offered by the parcel delivery services provider , including precise information on options for users ;


### the commission shall , by means of an implementing act , establish a form for the submission of the information referred to in paragraph 1 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 9 . ### the commission shall adopt delegated acts in accordance with article 9a in order to supplement this directive by laying down a form for the submission of the information referred to in paragraph 1 of this article .


### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by universal service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services . parcel delivery service providers other than universal service providers may voluntarily provide , in a comparable form , their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee . ### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by parcel delivery service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services .


### since the objectives of this regulation , namely to establish the regulatory principles and rules necessary to improve regulatory oversight , to improve transparency of prices and establish certain principles as regards cross - border parcel delivery services that should support competition , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to foster better user accessibilty to efficient and affordable cross - border parcel delivery services , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### the national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 2 where they are necessary to ensure conformity with this regulation . ### the national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 3 provided that they are necessary and proportionate to ensure conformity with this regulation .


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all parcel delivery service providers shall provide the national regulatory authority of the member state where they are established with the public list of tariffs applicable on 1 january of each calendar year to postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest .


### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### parcel delivery service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . it is important that any practices in this respect that may be in breach of eu competition law principles and the provisions of directive 97 / 67 / ec are properly investigated and addressed by member states , national regulatory authorities and by the european commission in a timely and effective manner .


### ' terminal rates ' means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### ' terminal rates ' means payments from the originating parcel delivery service provider to the destination parcel delivery service provider and / or intermediaries where applicable for the costs of cross - border parcel delivery services in the destination member state ;


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons working both directly and indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the member state in which the provider is established over the previous calendar year ; this information shall include quarterly breakdowns by reference to employment status , including whether full - time , part - time , temporary , on a non - guaranteed hours basis or self - employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance , sorting , transport or distribution of parcels .


### before xx / xx / 2019 , and thereafter every four years , the commission shall submit to the european parliament , the council and the economic and social committee an evaluation report on the application of this regulation accompanied where appropriate by a proposal for its review . ### before 31 january 2019 , and thereafter every two years , the commission shall submit to the european parliament , the council and the economic and social committee an evaluation report on the application of this regulation accompanied where appropriate by a legislative proposal for its review .


### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers . ### when national regulatory authorities annually assess the affordability of tariffs , they should particularly take into account individual and small and medium - sized enterprise users living or situated in remote or sparsely populated areas , as well as such users that regularly use parcel delivery services and individual users with little disposable income .


### this regulation establishes specific rules , in addition to the rules set out in directive 97 / 67 / ec , concerning : ### in order to foster better user accessibility to efficient and affordable cross - border parcel delivery services , this regulation establishes specific provisions , in addition to the provisions set out in directive 97 / 67 / ec , concerning :


### where the national regulatory authority concludes that cross - border tariffs referred to in paragraph 1 are not affordable , it shall request further necessary information and / or justification in relation to the level of those tariffs from the universal service provider . ### in carrying out that assessment , in particular the likely impact on the following shall be taken into account : individual users with little disposable income ; individual and small and medium - sized enterprise users living or situated in remote or sparsely populated areas ; individual and small and medium - sized enterprise users that regularly use parcel delivery services .


### universal service providers providing parcel delivery services shall provide the national regulatory authority with the terminal rates applicable on 1 january of each calendar year to postal items originating from other member states . that information shall be provided by 31 january of each calendar year at the latest . ### all parcel delivery service providers shall provide the national regulatory authority of the member state where they are established with the terminal rates applicable on 1 january of each calendar year to postal items originating from other member states . that information shall be provided by 31 january of each calendar year at the latest .


### the national regulatory authority shall submit its assessment , including any information and / or justification provided in accordance with paragraph 3 , to the commission , the national regulatory authorities of the other member states and the national authorities within the member state of the submitting national regulatory authority entrusted with the implementation of competition law . a non - confidential version of that assessment shall also be provided to the commission . that information shall be provided by 31 march of each calendar year at the latest . ### the national regulatory authority shall submit its assessment , including any information and / or justification provided in accordance with paragraph 3 , to the commission and the national regulatory authorities of the member states concerned . the national regulatory authority and the commission shall ensure that the assessments and any information and / or justifications provided are treated with the strictest confidentiality .


### the universal service provider shall provide the national regulatory authority with the information and / or justification referred to in paragraph 2 within 15 working days of receipt of the request . ### all parcel delivery service providers shall provide the national regulatory authority with the information and / or justification referred to in paragraph 2 within 15 working days of receipt of the request .


### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by universal service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services . parcel delivery service providers other than universal service providers may voluntarily provide , in a comparable form , their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee . ### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by parcel delivery service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage .


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established , broken down into domestic , incoming and outgoing cross - border postal items .


### the universal service provider shall provide the national regulatory authority with the information and / or justification referred to in paragraph 2 within 15 working days of receipt of the request . ### following the assessment referred to in paragraph 1 , the national regulatory authority may request from the parcel delivery service provider evidence such as a justification containing any relevant information in relation to the level of those tariffs such as the specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers .


### the national regulatory authority shall submit its assessment , including any information and / or justification provided in accordance with paragraph 3 , to the commission , the national regulatory authorities of the other member states and the national authorities within the member state of the submitting national regulatory authority entrusted with the implementation of competition law . a non - confidential version of that assessment shall also be provided to the commission . that information shall be provided by 31 march of each calendar year at the latest . ### the parcel delivery service provider shall provide the national regulatory authority with the justification referred to in paragraph 3 within one month of receipt of the request .


### terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . ### terminal rates are based on multilateral and bilateral agreements between parcel delivery service providers and ensure that the destination parcel delivery service provider is remunerated for the costs of the service provided to the originating parcel delivery service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . terminal rates are commercially sensitive business data .


### the market for cross - border parcel delivery services is diverse and complex , with different providers offering different services and prices depending on weight , size and format of the items sent as well as destination , added value features , such as traceability solutions , and the number of items sent . that diversity makes parcel delivery services hard to compare between different providers , both in terms of quality and price . furthermore , low volume senders , such as small and medium - sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered . ### the market for cross - border parcel delivery services is diverse and complex , with different providers offering different services and prices depending on weight , size and format of the items sent as well as destination , added value features , such as traceability solutions , and the number of items sent . that diversity makes parcel delivery services hard to compare between different service providers , both in terms of quality and price . furthermore , low volume senders , such as small and medium - sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered . in addition , the costs of switching are discouraging . moreover , small and medium sized e - retailers identify delivery concerns as an obstacle when selling cross - border .


### the nature of the services offered by the provider ; ### a description of the parcel delivery services offered by the provider , including delivery options and information provided to the consumer ;


### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers . ### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating parcel delivery service providers and the destination parcel delivery service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by those definitions . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to any parcel delivery service provider which , together with any subsidiaries and linked undertakings , employs fewer than 20 persons , unless that provider is established in more than one member state . the number of persons shall include all those working on a full - time , part - time , temporary , non - guaranteed hours and self - employed basis .


### the name of the provider , its legal status and form , registration number in a trade or similar register , vat number , the address of the establishment and a contact person ; ### the name of the parcel delivery service provider , its legal status and form , registration number in a trade or similar register , vat identification number , the address of the establishment and a contact person ;


### the national regulatory authorities shall submit the terminal rates obtained in accordance with paragraph 3 to the commission and the national regulatory authorities of the originating member states by 28 of february of each calendar year at the latest . ### the national regulatory authorities shall submit the terminal rates obtained in accordance with paragraph 3 to the commission and the national regulatory authorities of the originating member states by 28 of february of each calendar year at the latest . the national regulatory authorities and the commission shall ensure that the terminal rates obtained are dealt with in the strictest confidentiality .


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . that directive establishes common rules governing the provision of postal services and the universal postal service in the union . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . however , the provisions of this regulation are without prejudice to the rights and guarantees set out in that directive including in particular the continued provision of a universal postal service to users . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


### since the objectives of this regulation , namely to establish the regulatory principles and rules necessary to improve regulatory oversight , to improve transparency of prices and establish certain principles as regards cross - border parcel delivery services that should support competition , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to foster better user accessibilty to efficient and affordable cross - border parcel delivery services , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by universal service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services . parcel delivery service providers other than universal service providers may voluntarily provide , in a comparable form , their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee . ### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by parcel delivery service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services .


### significant differences between domestic and cross - border tariffs for parcel delivery services should be justified by objective criteria , such as additional costs for transport and a reasonable profit margin . universal service providers providing parcel delivery services should be required to provide such justification without delay . ### significant differences between domestic and cross - border tariffs for parcel delivery services should be justified by objective criteria , such as additional costs for transport and a reasonable profit margin .


### assessing affordability of tariffs ### assessing affordability of cross - border tariffs


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all parcel delivery service providers shall provide the national regulatory authority of the member state where they are established with the public list of tariffs applicable on 1 january of each calendar year to postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest .


### this regulation establishes specific rules , in addition to the rules set out in directive 97 / 67 / ec , concerning : ### in order to foster better user accessibility to efficient and affordable cross - border parcel delivery services , this regulation establishes specific provisions , in addition to the provisions set out in directive 97 / 67 / ec , concerning :


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services , but also allowing for the proper inclusion in the threshold of those working in the sector other than on a full - time , permanent basis .


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established over the previous calendar year , which is to be calculated on the basis of the average annual number of full - time , part - time , temporary employees and self - employed , as well as persons working for sub - contracting companies in clearance , sorting , transport or distribution of parcels ;


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of tariffs and terminal rates , for a limited set of cross - border parcel delivery services offered by parcel service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between domestic and cross - border parcel delivery services .


### the provider ' s general conditions of sale , including a detailed description of the complaints procedure . ### the parcel delivery service provider ' s general terms and conditions for parcel delivery services , including a detailed description of the complaints procedure for users .


### the market for cross - border parcel delivery services is diverse and complex , with different providers offering different services and prices depending on weight , size and format of the items sent as well as destination , added value features , such as traceability solutions , and the number of items sent . that diversity makes parcel delivery services hard to compare between different providers , both in terms of quality and price . furthermore , low volume senders , such as small and medium - sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered . ### the market for cross - border parcel delivery services is diverse and complex , with different providers offering different services and prices depending on weight , size and format of the items sent as well as destination , added value features , such as traceability solutions , and the number of items sent . in most member states , universal service providers do not have a majority share of the parcel delivery market . that diversity makes parcel delivery services hard to compare between different providers , both in terms of quality and price . furthermore , low volume senders , such as small and medium - sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered .


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established , broken down into domestic , incoming and outgoing cross - border postal items .


### before xx / xx / 2019 , and thereafter every four years , the commission shall submit to the european parliament , the council and the economic and social committee an evaluation report on the application of this regulation accompanied where appropriate by a proposal for its review . ### before 31 january 2019 , and thereafter every two years , the commission shall submit to the european parliament , the council and the economic and social committee an evaluation report on the application of this regulation accompanied where appropriate by a legislative proposal for its review .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . however , established freight or transport logistics providers , in contrast with individual independent subcontractors of the parcel delivery service provider , should not be covered by the scope of this regulation .


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . __________ oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . __________ oj l 304 , 22 . 11 . 2011 , p . 64 .


### this directive shall not apply to digital content provided against counter - performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose . it shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements , and the supplier does not use that data for commercial purposes . ### this directive shall not apply to contracts for the supply of digital content or a digital facility where the supplier neither charges a price for the digital content nor uses data which the consumer has provided in the context of the conclusion or performance of the contract , including data generated by the consumer ' s use of the digital content or digital service , for purposes that are in the supplier ' s commercial interest . the burden of proof that data provided by the consumer are not used for purposes in the supplier ' s commercial interest shall rest on the supplier .


### ' damages ' means a sum of money to which consumers may be entitled as compensation for economic damage to their digital environment ; ### ' damages ' means a sum of money to which consumers may be entitled as compensation for material and non - material damage ;


### this directive is without prejudice to the protection of individuals with regard to the processing of personal data . ### no provision in this directive , or in national contract law including rules on damages and unjustified enrichment , shall in any way reduce or undermine the protection of individuals with regard to the processing of personal data as granted by or in compliance with regulation 2016 / 679 .


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should also apply to contracts where the consumer provides personal data that may be used directly or indirectly by the supplier , for example on the basis of a contract which allows access to and use of consumers ' personal data , such as personal preferences or location data . this directive should not apply to situations where the supplier collects data absolutely necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws .


### the supplier shall be liable to the consumer for any economic damage to the digital environment of the consumer caused by a lack of conformity with the contract or a failure to supply the digital content . damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . ### the supplier shall be liable to the consumer for any material and non - material damage to the consumer caused by a lack of conformity with the contract or a failure to supply the digital content . damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract .


### this directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and , in exchange , a price is to be paid or the consumer actively provides counter - performance other than money in the form of personal data or any other data . ### this directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and , in exchange , a price is to be paid . 1a . it shall also apply to contracts as referred to in paragraph 1 where personal data , as defined in article 4 of regulation 2016 / 679 , are provided by the consumer .


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### the supplier shall take all necessary measures in order to refrain from the use of the personal data of the consumer collected in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content . where personal data of the consumer have been transferred to third parties , the supplier shall inform those third parties of the termination of the contract ;


### the protection of individuals with regard to the processing of personal data is governed by directive 95 / 46 / ec of the european parliament and of the council1 and by directive 2002 / 58 / ec of the european parliament and of the council2 which are fully applicable in the context of contracts for the supply of digital content . those directives already establish a legal framework in the field of personal data in the union . the implementation and application of this directive should be made in full compliance with that legal framework . __________ oj l 281 , 23 / 11 / 1995 , p . 31 - 50 ) [ to be replaced by the general data protection regulation , once adopted ] . 2 . oj l 201 , 31 . 7 . 2002 , p . 37–47 . ### the pursuit of activities falling within the scope of this directive involves the processing of personal data . this directive is without prejudice to the rules of union law applicable to the processing of personal data within the union , in particular regulation 2016 / 679 of the european parliament and of the council1 and directive 2002 / 58 / ec of the european parliament and of the council2 , which govern the processing of personal data carried out in the member states under the supervision of the member states ' competent authorities , in particular the public independent authorities designated by the member states . those legal acts already establish a legal framework in the field of personal data in the union and are fully applicable in the context of contracts for the supply of digital content . the implementation and application of this directive should be made in full compliance with that legal framework . __________ regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 2 . oj l 201 , 31 . 7 . 2002 , p . 37–47 .


### data which is produced and supplied in digital form , for example video , audio , applications , digital games and any other software , ### data which is produced and supplied in digital form , including video , audio , applications , digital games and any other software ,


### the principle of the supplier ' s liability for damages is an essential element of the contracts for supply of digital content . in order to increase consumers ' trust in digital content this principle should thus be regulated at union level to ensure that consumers do not suffer a detriment if their hardware or software is damaged by digital content which is not in conformity with the contract . therefore , consumers should be entitled to a compensation for damages caused to the consumer ' s digital environment by a lack of conformity with the contract or a failure to supply the digital content . however , it should be for member states to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content , especially when offered by suppliers as an exclusive compensation for losses , do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . ### the principle of the supplier ' s liability for damages is an essential element of the contracts for supply of digital content . in order to increase consumers ' trust in digital content this principle should thus be regulated at union level to ensure that consumers do not suffer a detriment if they sustain damage by digital content which is not in conformity with the contract . therefore , consumers should be entitled to a compensation for damages caused to the consumer by a lack of conformity with the contract or a failure to supply the digital content . however , it should be for member states to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content , especially when offered by suppliers as an exclusive compensation for losses , do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . it should be possible for member states , when laying down the rules in that regard , to provide for a reduced or increased degree of liability for damages in order to differentiate between suppliers that have done everything in their power to limit the possibility of damage , for example by observing industry codes of best practice , security baselines or international standards , and those that have been negligent in this respect .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , or where it cannot be assumed that consumers could sufficiently comprehend and assess those benchmarks , it is necessary to set conformity criteria to ensure that consumers are not deprived of their rights . in such cases , the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used , as well as consumers ' legitimate expectations .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union conducive to competitive and sustainable growth with a view to overcoming the investment gap among the member states and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises as well as innovative enterprises and start - ups , through the supply of risk bearing capacity to the eib .


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


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts . independent experts shall have a high level of relevant market experience in project finance and be selected by the steering board . they shall be appointed by the european parliament , after an appropriate hearing by the competent committees of the european parliament , for a renewable fixed term of three years .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic and social value added contributing to achieving union policy objectives . the efsi should improve access to finance and the competitiveness of enterprises , in particular for small and medium - sized enterprises as defined in recommendation 2003 / 361 / ec , and invest in projects which aim to strengthen the single market . the efsi should be complementary to existing eu programmes . in this context , the projects financed by the efsi should have a higher risk than projects financed by other eu programmes or by other eib operations .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in education and training , digital skills , training and literacy , culture , health , research and development , information and communications technology and innovation ;


### the cumulative effect of restrictions to both access to and pursuit of the profession , and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective . ### the effect of new or amended provisions , when combined with other provisions restricting access to or pursuit of the profession , and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective .


### the reasons for considering that a provision is justified , necessary and proportionate shall be substantiated by qualitative and , wherever possible , quantitative evidence . ### the reasons for considering that a provision is justified , necessary and proportionate shall be substantiated by qualitative and necessary evidence .


### member states should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions . where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties , the objective could be attained by less restrictive means than reserving activities to professionals , such as protection of the professional title or enrolment on a professional register . regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives . ### member states should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions .


### the burden of proof of justification and proportionality lies on the member states . the reasons for regulation invoked by a member state by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that state and by specific evidence substantiating its arguments . ### member states should ensure that any measure introducing new , or amending existing , essential legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions is accompanied by an explanation making it possible to appraise compliance with the principles of non - discrimination , justification and proportionality , which should include specific elements substantiating its arguments .


### this directive shall apply to requirements under the legal systems of the member states restricting access to a regulated profession or its pursuit , or one of its modes of pursuit , including the use of professional titles and the professional activities allowed under such title , falling within the scope of directive 2005 / 36 / ec . ### this directive shall apply to requirements under the legal systems of the member states restricting access to a regulated profession or its pursuit , or one of its modes of pursuit , including the use of professional titles and the professional activities allowed under such title , falling within the scope of directive 2005 / 36 / ec , without prejudice to paragraph 2 .


### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , with a view to ensuring the proper functioning of the internal market . ### this directive lays down rules on a common framework for conducting proportionality assessments before introducing new , or amending existing , legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions with a view to ensuring the proper functioning of the internal market . it does not affect member states’ prerogative and margin of discretion to decide , in the absence of harmonisation at eu level , whether and how to regulate a profession while respecting the principles of non - discrimination , justification and proportionality .


### the relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . ### member states shall consider in particular whether those provisions are justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as , for example , preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , ensuring safe , healthy and secure working conditions , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud , prevention of tax evasion and avoidance and effectiveness of fiscal supervision , transport safety , guaranteeing the quality of products and services , promotion of research and development , ensuring high standards of education , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives , including the encouragement of employment and recruitment and the maintenance of employment , and cultural policy objectives .


### the relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . ### member states shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , guaranteeing the quality of craft work , research and development , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives .


### member states shall monitor the proportionality of legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned , having due regard to any developments that have occurred since the measure concerned was adopted . ### member states shall monitor the compliance of essential legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions with the principles of non - discrimination , justification and proportionality after adoption , having due regard to any significant developments that have occurred since the measure concerned was adopted .


### member states shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies . ### member states shall take the necessary measures to ensure that the assessment referred to in paragraph 1 is carried out in an objective and independent manner .


### before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , member states shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective . ### before introducing new , or amending existing , legislative , regulatory or administrative provisions restricting access to or pursuit of service activities , including the activities of regulated professions , member states shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective . where those provisions introduce substantive changes to the regulation of a services activity or the profession concerned , member states shall also assess the proportionality of the existing regulation .


### the scope of the professional activities reserved to holders of a particular professional qualification , namely whether and why the activities reserved to certain professions can or cannot be shared with other professions ; ### whether and why the activities reserved to certain professions can or cannot be shared with other professions ;


### member states shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies . ### member states shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective manner .


### when assessing the necessity and the proportionality of the provisions , the relevant competent authorities shall consider in particular : ### when assessing the proportionality of the provisions , member states shall consider in particular :


### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities . based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of regulated professions within the union is proportionate to the importance of the objectives pursued and the expected gains . ### the impact of the measure on the quality of the service provided and on the free movement of persons and services within the union and on the freedom to choose an occupation should be duly taken into account , where relevant , by the member states ;


### the link between the complexity of the tasks and the necessary possession of specific professional qualifications , in particular as regards the level , the nature and the duration of the training or experience required , as well as the existence of different routes to obtain the professional qualification ; ### the correlation between the complexity of the tasks and the necessary possession of specific professional qualifications , in particular as regards the level , the nature and the duration of the training or experience required , as well as the existence of different routes to obtain the professional qualification ;


### requirements concerning insurance cover or other means of personal or collective with regard to professional liability ; ### requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability ;


### ex ante assessment of new measures ### ex ante assessment of new measures and monitoring


### it is essential for the proper functioning of the internal market to ensure that member states provide information to citizens , representative associations or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views . ### it is essential for the proper functioning of the internal market to ensure that member states , before introducing new , or amending existing , measures restricting access to or pursuit of regulated professions , publicly disclose the relevant information on the provisions , adequately consult citizens , service recipients , including consumers , representative associations , social partners and other relevant stakeholders , including those who are not members of the profession , and give them the opportunity to make known their views .


### for the purposes of paragraph 2 , the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements : ### for the purposes of paragraph 2 , member states shall assess all regulation in place and in particular the effect of the new or amended requirement in combination with the following requirements , it being understood that there might be positive as well as negative effects :


### any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise compliance with the principle of proportionality . ### any provision referred to in paragraph 1 shall be accompanied by a statement making it possible to appraise compliance with the principle of proportionality .


### before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , member states shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective . ### when introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , member states shall ensure that those provisions are suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective . the extent of the assessment shall be proportionate to the nature , the content and the impact of the provision being introduced , in view of all regulation in place , taking into account the reasonable margin of appreciation of the member states .


### it is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned . a review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption , but also on the effects of the legislation , assessed after its adoption . the assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted . ### it is appropriate to monitor the non - discrimination , justification and proportionality of the essential provisions restricting access to or pursuit of regulated professions after adoption . a review of the non - discrimination , justification and proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption , but also on the effects of the legislation , assessed after its adoption . such assessment of the national legislation should be based on significant developments found to have occurred in the area since the legislation was adopted .


### the national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification . the taking - up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession , compulsory membership of a professional body , professional ethics , supervision and liability . therefore , when assessing the cumulative effect of the measures , the competent authorities should also take into account other existing requirements , such as continuous professional development , compulsory chamber membership , registration or authorisation schemes , quantitative restrictions , specific legal form requirements and shareholding requirements , territorial restrictions , multidisciplinary restrictions and incompatibility rules , requirements concerning insurance cover as well as language knowledge requirements , to the extent necessary to practise the profession . a measure introduced by a member state cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures . ### member states should carry out a comprehensive assessment of the circumstances in which the requirement is adopted and implemented and examine in particular the combined effect of imposing several requirements in addition to the specific professional qualification . the taking - up and pursuit of certain activities may be conditional on complying with several requirements such as rules relating to the organisation of the profession , compulsory membership of a professional body , professional ethics , supervision and liability . therefore , when assessing the effect of the measures , member states should take into account all existing requirements , including continuous professional development , compulsory chamber membership , registration or authorisation schemes , quantitative restrictions , specific legal form requirements and shareholding requirements , territorial restrictions , multidisciplinary restrictions and incompatibility rules , requirements concerning insurance cover as well as language knowledge requirements , to the extent necessary to practise the profession .


### to facilitate the exchange of best practices , each member state should encourage the relevant competent authorities to share adequate and regularly updated information with other member states on the regulation of professions . ### to promote the exchange of best practices , the commission should encourage member states to share adequate and regularly updated information with other member states on the regulation of professions and facilitate such exchange .


### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available by the commission . ### the reasons for considering that provisions , assessed in accordance with this directive , are non - discriminatory , justified and proportionate , and which are communicated to the commission pursuant to paragraphs 5 of article 59 of directive 2005 / 36 / ec , shall be recorded by the member states in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter , unless the member state concerned objects , made publicly available by the commission .


### the national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification . the taking - up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession , compulsory membership of a professional body , professional ethics , supervision and liability . therefore , when assessing the cumulative effect of the measures , the competent authorities should also take into account other existing requirements , such as continuous professional development , compulsory chamber membership , registration or authorisation schemes , quantitative restrictions , specific legal form requirements and shareholding requirements , territorial restrictions , multidisciplinary restrictions and incompatibility rules , requirements concerning insurance cover as well as language knowledge requirements , to the extent necessary to practise the profession . a measure introduced by a member state cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures . ### where relevant , member states should carry out an assessment of the circumstances in which the measure is adopted and implemented and examine in particular the effect of the new or amended provisions when combined with other requirements restricting access to or pursuit of the profession . the taking - up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession , compulsory membership of a professional body , professional supervision and liability . therefore , when assessing the effect of the new or amended measures , member states should also take into account , where relevant , the effects of those measures combined with other existing requirements , such as compulsory chamber membership , registration or authorisation schemes , quantitative restrictions , specific legal form requirements and shareholding requirements , territorial restrictions , multidisciplinary restrictions and incompatibility rules , requirements concerning insurance cover as well as language knowledge requirements , to the extent necessary to practise the profession . in carrying out this assessment , existing requirements which are not being amended should not be subject to the proportionality assessment .


### the relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud and prevention of tax evasion and avoidance , road safety , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . ### member states shall consider in particular whether those provisions are justified on the basis of public policy , public security or public health , or by overriding reasons in the public interest , such as , for example , preserving the financial equilibrium of the social security system , the protection of consumers , recipients of services and workers , ensuring safe , healthy and secure working conditions , the safeguarding of the proper administration of justice , fairness of trade transactions , combating fraud , prevention of tax evasion and avoidance and effectiveness of fiscal supervision , transport safety , guaranteeing the quality of products and services , promotion of research and development , ensuring high standards of education , the protection of the environment and the urban environment , the health of animals , intellectual property , the safeguarding and conservation of the national historic and artistic heritage , social policy objectives , including the encouragement of employment and recruitment and the maintenance of employment , and cultural policy objectives .


### where a member state regulates a profession , account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals . in view of the speed of technological change and scientific progress , up - dates in access requirements may be of particular importance for a number of professions . ### where a member state regulates a profession , account should be taken , where relevant , of the fact that developments may reduce or increase the asymmetry of information between consumers and professionals . in view of the speed of technological change and scientific progress , up - dates in access requirements may be of particular importance for a number of professions . where developments , including technological changes , carry a risk for the public interest objectives , it is for the member states to provide for stricter regulation ensuring that professionals keep up with those developments .


### in order to increase transparency and promote proportionality assessments based on comparable criteria , it is important that the information submitted by member states be easily accessible in the database of regulated professions to allow all interested parties to submit comments . ### in order to increase transparency and promote proportionality assessments based on comparable criteria , it is important that the information submitted by member states be easily accessible in the database of regulated professions to allow all interested parties to submit comments and forward suggested proportionality assessments in a transparent manner .


### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities ; based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of regulated professions within the union is proportionate to the importance of the objectives pursued and the expected gains . ### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be taken into consideration by the competent authorities ; this analysis should not be the sole evaluation criterion for the proportionality of a measure aimed at protecting an objective of general interest .


### the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers ; ### the scientific and technological developments which may reduce or increase the asymmetry of information between professionals and consumers ;


### member states shall , by appropriate means , inform citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views . ### before introducing new , or amending existing , legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , member states shall , by appropriate means , publicly disclose the relevant information on the provisions , adequately consult citizens , service recipients , including consumers , representative associations , social partners and other relevant stakeholders , including those who are not members of the profession , and give them the opportunity to make known their views .


### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities . based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of regulated professions within the union is proportionate to the importance of the objectives pursued and the expected gains . ### the impact of the measure on the quality of the service provided and on the free movement of persons and services within the union and on the freedom to choose an occupation should be duly taken into account , where relevant , by the member states ;


### the reasons for considering that a provision is justified , necessary and proportionate shall be substantiated by qualitative and , wherever possible , quantitative evidence . ### does not affect the english


### the burden of proof of justification and proportionality lies on the member states . the reasons for regulation invoked by a member state by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that state and by specific evidence substantiating its arguments . ### the burden of proof of justification and proportionality lies on the member states . the reasons for regulation invoked by a member state by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that state and by specific evidence substantiating its arguments in order to avoid overregulation and additional costs to the institutions and to the beneficiaries of such regulation .


### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . ### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , such as those recognised in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved .