### on 7 october 2010 , the european parliament passed a resolution calling for the union to legislate along the lines of the us ' conflict minerals ' law alias section 1502 of the dodd - frank wall street reform and consumer protection act ; and the commission announced in its communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain , including aspects of due diligence . in the latter communication and in line with the commitment it had made at the may 2011 oecd ministerial council , the commission also advocated greater support for and use of the oecd guidelines for multinational enterprises , and of the oecd due diligence guidance – even outside the oecd membership . __________________ 9 commodity markets and raw materials , com 25 final . 10 trade , growth and development , com 22 final . ### in its resolutions of 7 october 20108a , of 8 march 20118b , of 5 july 20118c and of 26 february 20148d , the european parliament called for the union to legislate along the lines of the us ' conflict minerals ' law alias section 1502 of the dodd - frank wall street reform and consumer protection act ; and the commission announced in its communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain , including aspects of due diligence . in the latter communication and in line with the commitment it had made at the may 2011 oecd ministerial council , the commission also advocated greater support for and use of the oecd guidelines for multinational enterprises , and of the oecd due diligence guidance – even outside the oecd membership . __________________ 8a european parliament resolution of 7 october 2010 on failures in protection of human rights and justice in the democratic republic of congo . 8b european parliament resolution of 8 march 2011 on tax and development – cooperating with developing countries on promoting good governance in tax matters . 8c european parliament resolution of 5 july 2011 on increasing the impact of eu development policy . 8d european parliament resolution of 26 february 2014 on promoting development through responsible business practices , including the role of extractive industries in developing countries . 9 commodity markets and raw materials , com 25 final . 10 trade , growth and development , com 22 final .


### union citizens and civil society actors have raised awareness with respect to companies operating under the union ' s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of minerals from conflict regions . the consequence is that such minerals , potentially present in consumer products , link consumers to conflicts outside the union . to this end , citizens have requested , notably through petitions , that legislation be proposed to the european parliament and the council holding companies accountable under the guidelines as established by the un and oecd . ### union citizens and civil society actors have raised awareness with respect to companies operating under the union ' s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of natural resources from conflict regions . the consequence is that such natural resources , potentially present in consumer products , link consumers to conflicts outside the union . as such , consumers are indirectly linked to conflicts that have severe impacts on human rights , notably the rights of women as armed groups often use mass rape as a deliberate strategy to intimidate and control local populations in order to protect their interests . to this end , citizens have requested , notably through petitions , that legislation be proposed to the european parliament and the council holding companies accountable under the guidelines as established by the un and oecd .


### union citizens and civil society actors have raised awareness with respect to companies operating under the union ' s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of minerals from conflict regions . the consequence is that such minerals , potentially present in consumer products , link consumers to conflicts outside the union . to this end , citizens have requested , notably through petitions , that legislation be proposed to the european parliament and the council holding companies accountable under the guidelines as established by the un and oecd . ### union citizens and civil society actors have raised awareness with respect to companies operating under the union ' s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of minerals from conflict regions . the consequence is that such minerals , potentially present in consumer products , link consumers to conflicts outside the union . as such , consumers are indirectly linked to conflicts that have severe impacts on human rights , notably the rights of women as armed groups often use mass rape as a deliberate strategy to intimidate and control local populations in order to protect their interests . to this end , citizens have requested , notably through petitions , that legislation be proposed to the european parliament and the council holding companies accountable under the guidelines as established by the un and oecd .


### adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metals potentially originating from conflict - affected and high - risk areas , ### adopt and clearly and systematically communicate to suppliers and the public its supply chain policy for the covered resources potentially originating from conflict - affected and high - risk areas ,


### the issue concerns resource - rich regions where the challenge posed by the desire to minimise the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations . ### the issue concerns resource - rich regions where the challenge posed by the desire to minimise the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations , including women ' s organisations that are at the forefront of drawing attention to the exploitative conditions imposed by these groups as well as to rape and violence used to control local populations .


### on 7 october 2010 , the european parliament passed a resolution calling for the union to legislate along the lines of the us ' conflict minerals ' law alias section 1502 of the dodd - frank wall street reform and consumer protection act ; and the commission announced in its communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain , including aspects of due diligence . in the latter communication and in line with the commitment it had made at the may 2011 oecd ministerial council , the commission also advocated greater support for and use of the oecd guidelines for multinational enterprises , and of the oecd due diligence guidance – even outside the oecd membership . __________________ 9 commodity markets and raw materials , com 25 final . 10 trade , growth and development , com 22 final . ### on 26 february 2014 , the european parliament passed a resolution on promoting development through responsible business practices which drew attention to the role of extractive industries in developing countries . in that resolution , parliament called on the commission to bring forward binding legislation designed to ensure that purchases of minerals do not fuel conflicts ; )


### - when available , a signature or seal of the relevant rail or port authorities in the relevant terminals concerned along the non - road leg operation confirming that the relevant part of the non - road leg has been completed . ### - when available , a signature or seal of the relevant rail authority or the responsible body in the relevant terminals concerned along the non - road leg operation confirming that the relevant part of the non - road leg has been completed .


### the evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the member state where the check is carried out . in case of road side checks , it shall be presented within the duration of such check . it shall be in an official language of that member state or in english . during a roadside check , the driver shall be allowed to contact the head office , the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2 . ### the evidence referred to in paragraph 1 shall be presented or transmitted , including electronically , upon the request of the authorised inspecting officer of the member state where the check is carried out . in case of road side checks , it shall be presented within the duration of such check . it shall be in an official language of that member state or in english . during a roadside check , the driver shall be allowed to contact the head office , the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2 .


### member states may establish additional conditions for the eligibility for the support . ### member states may establish additional conditions for the eligibility for the support provided that they have been made known to interested parties .


### the road leg distance limit may be exceeded for combined road / rail transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . ### exceeding the road leg distance limit specified in this paragraph for combined road / rail transport operations shall be allowed by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transhipment terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity , terminal opening times and appropriate rail freight services , in the absence of a transhipment terminal fulfilling all of these conditions within the distance limit .


### member states may take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations . ### member states shall take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations .


### member states may take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations . ### member states shall take additional measures of an economic and legislative nature , to improve - also through the use of technologies - the competitiveness of combined transport operations as compared to equivalent alternative road transport operations .


### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation , including the transport of empty load units before and after the transport of goods . ### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation .


### the volume in twenty - foot equivalent unit and in tonne kilometres of combined transport operations by type of operation and by geographic coverage ; ### the total and yearly volume in twenty - foot equivalent unit and in tonne kilometres of combined transport operations by type of operation and by geographic coverage ;


### the evidence referred to in paragraph 1 shall comprise the following details for each combined transport operation : ### in order to be considered to be clear evidence , the information referred to in paragraph 1 shall comprise the following details for each combined transport operation :


### each road leg referred to in paragraph 2 shall not exceed the longest of the following distances in the territory of the union : ### each road leg referred to in paragraph 2 shall not exceed 150 km in distance in the territory of the union :


### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation , including the transport of empty load units before and after the transport of goods . ### member states shall ensure that road transport is considered forming part of a combined transport operation covered by this directive only if the transport undertaking can produce clear evidence that such road transport constitutes a road leg of a combined transport operation , including the transport of empty load units before and after the transport of goods .


### the road leg distance limit may be exceeded for combined road / rail transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . ### the road leg distance limit may be exceeded for combined transport operations , in order to reach the geographically nearest transhipment terminal – including in cases when that is in another member state – which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity , terminal opening hours and appropriate rail freight services . with a view to avoiding differences in interpretation between member states , the commission shall adopt a delegated act in accordance with article 10 , supplementing this directive , laying down the criteria under which combined transport operators may exceed the road leg distance limit for combined transport operations . the member states shall be responsible for ensuring compliance with these rules by operators and shall forward to the commission the necessary information concerning authorisations , including the justification for granting derogations and the duration thereof .


### the scope of the current economic support measures defined in directive 92 / 106 / eec is very limited , consisting of fiscal measures which concern only combined rail / road transport operations . such measures should be extended to combined transport operations covering inland waterways and maritime transport . other relevant types of measures , such as infrastructure investment support measures or different economic support measures , should also be supported . ### the scope of the current economic support measures defined in directive 92 / 106 / eec is very limited , consisting of fiscal measures which concern only combined rail / road transport operations . such measures should be extended to combined transport operations covering inland waterways and maritime transport . other relevant types of measures , such as infrastructure and digital - technology investment support measures or different economic support measures , should also be supported . with regard to digital technologies , a transitional period should be provided for the dematerialisation of documents that must certify that combined transport has occurred , including through the technological upgrading of inspecting authorities’ instruments . member states should prioritise investment in transhipment terminals to reduce congestion on the roads , to alleviate the isolation of industrial areas which lack such infrastructure and to improve the accessibility and physical and digital connectivity of freight handling facilities .


### the evidence may be provided through a transport document fulfilling the requirements laid down in article 6 of council regulation no 11 , or through other existing transport documents such as the convention on the contract for the international carriage of goods by road transport document or the uniform rules concerning the contract of international carriage of goods by rail transport document . ### the evidence may be provided through a transport document fulfilling the requirements laid down in article 6 of council regulation no 11 , or through other existing transport documents such as the convention on the contract for the international carriage of goods by road transport document , the convention on the contract for the carriage of goods by inland waterways or the uniform rules concerning the contract of international carriage of goods by rail transport document .


### member states shall submit to the commission in the first instance by [ xx / xx / xxxx - 18 months after transposition of the directive ] and every two years thereafter a report providing the following information related to the combined transport operations covered by this directive on their territory : ### member states shall submit to the commission in the first instance by [ xx / xx / xxxx - 12 months after transposition of the directive ] and every two years thereafter a report providing the following information related to the combined transport operations covered by this directive on their territory :


### the goal of reaching 30% of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030 , and more than 50% by 2050 , in order to optimise the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes , has been slower than expected and according to the current projections , will not be reached . ### the goal of reaching 30% of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030 , and more than 50% by 2050 , in order to optimise the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes , has been slower than expected and according to the current projections , will not be reached . given the still untapped potential of combined transport , the implications of improving this directive are significant in terms of the contribution the sector makes to realising the targets set in the paris climate agreement .


### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal . ### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km as the crow flies from such terminal . in addition , member states shall take due account of the need to : reduce congestion , in particular near urban and sub - urban areas or in areas with natural constraints ; improve cross - border connections ; improve accessibility and connectivity in particular as regards the access infrastructure to transhipment terminals ; and accelerate the shift to digitalisation ;


### where necessary for the achievement of the aim referred to in paragraph 8 , member states shall take the necessary measures to support investment in transhipment terminals as regards : ### where necessary for the achievement of the aim referred to in paragraph 8 , member states may take the necessary measures to support investment in transhipment terminals as regards :


### member states may take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations . ### by 31 december 2021 , member states shall take at least one additional measure of an economic and legislative nature , to improve - also through the use of technologies - the competitiveness of combined transport operations as compared to equivalent alternative road transport operations , in particular with a view to reducing the time and costs involved in transhipment operations .


### information on the prevalence and patterns of the use of the new psychoactive substance , its availability and potential for diffusion within the union ; ### information on the prevalence and patterns of the use of the new psychoactive substance , its availability and potential for diffusion within the union , considering all possible distribution channels ;


### each member state shall ensure that its reitox national focal points and the europol national unit provide timely and without any undue delay to the centre and europol the available information on new psychoactive substances . the information shall be related to the detection and identification , use and patterns of use , potential and identified risks , manufacture , extraction , distribution , trafficking , commercial , as well as medical and scientific use of these substances . ### if a member state has information relating to what appears to be a new psychoactive substance or mixture , its national focal points within the european information network on drugs and drug addiction and europol national units shall collect and provide in a timely manner to the emcdda and europol the available information on the detection and identification , consumption and consumption patterns , serious intoxication or deaths as a result of , possible risks as well as the toxicity level , data concerning manufacture , extraction , importation , trade , distribution and distribution channels , trafficking and commercial and scientific use of substances that appear to be new psychoactive substances or mixtures .


### “member states shall determine the use of revenues generated by this directive . to enable the transport network to be developed as a whole , revenues generated from infrastructure and external costs charges , or the equivalent in financial value of these revenues , should be used to benefit the transport sector , and optimise the entire transport system . in particular , revenues generated from external cost charges , or the equivalent in financial value of these revenues , should be used to make transport more sustainable , including one or more of the following : facilitating efficient pricing ; reducing road transport pollution at source ; mitigating the effects of road transport pollution at source ; improving the co2 and energy performance of vehicles ; developing alternative infrastructure for transport users and / or expanding current capacity ; supporting the trans - european transport network ; optimising logistics ; improving road safety ; and providing secure parking places . ### in paragraph 2 , the first subparagraph is replaced by the following : “to enable the transport network to be developed as a whole , revenues generated from infrastructure and external costs charges , or the equivalent in financial value of these revenues , shall be used to benefit the transport sector , and optimise the entire transport system . in particular , revenues generated from external cost charges , or the equivalent in financial value of these revenues , shall be used to make transport more sustainable , including one or more of the following : facilitating efficient pricing ; reducing road transport pollution at source ; mitigating the effects of road transport pollution at source ; improving the co2 and energy performance of vehicles ; developing alternative infrastructure for transport users and / or expanding current capacity ; supporting and enhancing the development of electro - mobility including infrastructure to transfer electricity to vehicles ; supporting collective modes of transport . ”


### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1% of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem . ### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1% - 2% of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem .


### where a member state intends to apply higher external - cost charges than the reference values specified in annex iiib , the member state or , where appropriate , an independent authority shall calculate the chargeable cost of traffic–based noise pollution by applying the following formulae : ### where a member state intends to apply higher external - cost charges than the minimum values specified in annex iiib , the member state or , where appropriate , an independent authority shall calculate the chargeable cost of traffic–based noise pollution by applying the following formulae :


### it is necessary to ensure that external - cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex , to incentivise the use of the most fuel - efficient vehicles , and to keep the incentives effective and the differentiation of road charges up - to - date . therefore , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission for the purpose of adapting the reference values for external cost charging to scientific progress , defining the modalities for the revenue - neutral variation of infrastructure charges according to the co2 emissions from heavy duty vehicles , and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201621 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 21 oj l 123 , 12 . 5 . 2016 , p . 1 . ### it is necessary to ensure that external - cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex , to incentivise the use of the most fuel - efficient vehicles , and to keep the incentives effective and the differentiation of road charges up - to - date . therefore , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission for the purpose of adapting the minimum values for external cost charging to scientific progress , defining the modalities for the revenue - neutral variation of infrastructure charges according to the co2 emissions from heavy duty vehicles , and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201621 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 21 oj l 123 , 12 . 5 . 2016 , p . 1 .


### - costs shall be apportioned to heavy duty vehicles on an objective and transparent basis taking account of the proportion of heavy duty vehicle traffic to be carried on the network and the associated costs . the vehicle kilometres travelled by heavy duty vehicles may for this purpose be adjusted by objectively justified ‘ equivalence factors’ such as those set out in point 4 . ### - costs shall be apportioned to heavy duty and light duty vehicles on an objective and transparent basis taking account of the proportion of different vehicle traffic to be carried on the network and the associated costs . the vehicle kilometres travelled by heavy duty vehicles may for this purpose be adjusted by objectively justified ‘ equivalence factors’ such as those set out in point 4 .


### without prejudice to paragraph 9 , from 1 january 2018 , member states shall not introduce user charges for heavy duty vehicles . user charges introduced before that date may be maintained until 31 december 2023 . ### without prejudice to paragraph 9 , from 1 january 2018 , member states shall not introduce user charges for heavy duty vehicles . user charges introduced before that date may be maintained until 31 december 2021 .


### minimum requirements for levying an external - cost charge ### minimum requirements for levying a higher external - cost charge


### vehicle category light duty vehicles rigid heavy goods vehicles buses and coaches articulated heavy goods vehicles vehicle category light duty vehicles rigid heavy goods vehicles buses and coaches articulated heavy goods vehicles ### equivalence factor 1 1 . 9 2 . 5 2 . 9 equivalence factor 1 1 , 9 1 , 5 2 , 9


### road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure . it is therefore appropriate to incentivise member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of road charging . ### road charges mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure , reducing road transport pollution at source and facilitating the production and taking up of zero - emission vehicles . it is therefore appropriate for member states to use revenues from road charges accordingly and , to this end , to require that they adequately report on the use of such revenues . that should in particular help identifying possible financing gaps , and raising the public acceptance of distance - based road charging .


### this section shall apply where a member state intends to apply higher external cost charges than the reference values specified in annex iiib . ### this section shall apply where a member state intends to apply higher external cost charges than the minimum values specified in annex iiib .


### where a member state intends to apply higher external - cost charges than the reference values specified in annex iiib , it shall notify the commission of the classification of vehicles according to which the external - cost charge shall vary . it shall also notify the commission of the location of roads subject to higher external - cost charges ’ ) , and of roads subject to lower external - cost charges ’ ) . ### where a member state intends to apply higher external - cost charges than the minimum values specified in annex iiib , it shall notify the commission of the classification of vehicles according to which the external - cost charge shall vary . it shall also notify the commission of the location of roads subject to higher external - cost charges ’ ) , and of roads subject to minimum external - cost charges ’ ) .


### - such costs shall be apportioned between heavy duty vehicles and other traffic on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4 . ### - such costs shall be apportioned between heavy duty vehicles and other light duty vehicles on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4 .


### to this effect , the maximum weighted average external - cost charges should be replaced by readily applicable reference values updated in light of inflation , the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition . ### to this effect , the maximum weighted average external - cost charges should be replaced by readily applicable minimum values updated in light of inflation , the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition .


### ‘ light duty vehicle’ means a passenger car , a minibus or van ; ### ‘ light duty vehicle’ means a passenger car , a minibus , a van , or a van intended for the carriage of goods ;


### the variation of infrastructure charges according to euro emission class has contributed to the use of cleaner vehicles . however , with the renewal of vehicle fleets , the variation of charges on this basis on the inter - urban network is expected to become obsolete by the end of 2020 and should therefore be phased out by that time . from the same point in time , external - cost charging should be applied more systematically , as a targeted means to recover external cost in respect of situations in which it matters most . ### external - cost charging should be applied more systematically , as a targeted means to recover external costs in respect of situations in which it matters most .


### member states shall determine the use of revenues generated by this directive . to enable the transport network to be developed as a whole , revenues generated from infrastructure and external costs charges , or the equivalent in financial value of these revenues , should be used to benefit the transport sector , and optimise the entire transport system . in particular , revenues generated from external cost charges , or the equivalent in financial value of these revenues , should be used to make transport more sustainable , including one or more of the following : facilitating efficient pricing ; reducing road transport pollution at source ; mitigating the effects of road transport pollution at source ; improving the co 2 and energy performance of vehicles ; developing alternative infrastructure for transport users and / or expanding current capacity ; supporting the trans - european transport network ; optimising logistics ; improving road safety ; and providing secure parking places . ### in paragraph 2 , the first subparagraph is replaced by the following : “to enable the transport network to be developed as a whole , revenues generated from infrastructure and external costs charges , or the equivalent in financial value of these revenues , shall be used to benefit the transport sector , and optimise the entire transport system . in particular , revenues generated from external cost charges , or the equivalent in financial value of these revenues , shall be used to make transport more sustainable , including one or more of the following : facilitating efficient pricing ; reducing road transport pollution at source ; mitigating the effects of road transport pollution at source ; improving the co 2 and energy performance of vehicles ; developing alternative infrastructure for transport users and / or expanding current capacity ; supporting the trans - european transport network ; optimising logistics ; improving road safety ; providing secure parking places ; supporting and enhancing the development of electro - mobility including infrastructure to transfer electricity to vehicles ; supporting collective modes of transport . ”


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . ### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . from the entry into force of this directive , zero - emission vehicles shall benefit from infrastructure charges reduced by 75 % compared to the highest rate .


### for heavy duty vehicles , the external - cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall respect the reference values set out in annex iiib . ### the external - cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in annex iiia and shall comply with at least the minimum values set out in annex iiib .


### this annex sets out reference values of the external - cost charge , including the cost of air pollution and noise . ### this annex sets out minimum values of the external - cost charge , including the cost of air pollution and noise .


### reference values of the external - cost charge ### minimum values of the external - cost charge


### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . ### within one year from the entry into force of the delegated act , member states shall vary the infrastructure charge taking into account the reference co2 emission values and the relevant vehicle categorisation . charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest , but not zero , co2 emissions . zero - emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate . likewise , zero - emission operation shall benefit from the same reduction , provided that such operation can be proven .


### in order to promote the use of the cleanest and most efficient vehicles , member states should apply significantly reduced road tolls and user charges to those vehicles . ### in order to promote the use of the cleanest and most efficient vehicles , member states should apply reduced road tolls and user charges to those vehicles . in order to accelerate the transition towards the cleanest and most efficient vehicles , it is necessary to apply these reductions independently of the entry into force of implementing regulation no 595 / 2009 of the european parliament and of the council . __________________ 1a regulation no 595 / 2009 of the european parliament and of the council of 18 june 2009 on type - approval of motor vehicles and engines with respect to emissions from heavy duty vehicles and on access to vehicle repair and maintenance information and amending regulation no 715 / 2007 and directive 2007 / 46 / ec and repealing directives 80 / 1269 / eec , 2005 / 55 / ec and 2005 / 78 / ec .


### as of 1 january 2020 , tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles . ### as of 1 january 2020 , tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles , as well as to all vans intended for the carriage of goods fitted with a tachograph regulated by regulation no 165 / 2014 .


### table 1 : reference values of the external - cost charge for heavy goods vehicles ### table 1 : minimum values of the external - cost charge for heavy goods vehicles


### making for the exclusive purpose of export to third countries ; or ### an act of making for the exclusive purpose of export to third countries where protection for the product or medicinal product does not exist or has expired ; or


### an indicative list of the intended third country or third countries to which the product is to be exported . ### list of the third countries to which the product is to be exported . if , after this list is provided , the maker intends to export to further countries , it shall provide a further notification within the time period specified in art 4 .


### an indicative list of the intended third country or third countries to which the product is to be exported . ### a list of the third country or third countries to which the product is to be exported . if , after this list is provided , the maker intends to export to further countries , it shall provide a further notification within the time period specified in art 4 .


### the address , or addresses , of the premises where the making is to take place in the relevant member state ; ### the address , or addresses , of the premises where the making and any related acts strictly necessary for that making are to take place in the relevant member state ;


### the absence of any exception in regulation no 469 / 2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the union from manufacturing , even for the exclusive purpose of exporting to third country markets in which such protection does not exist or has expired . a further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the union market immediately after expiry of the certificate , given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed , by contrast with manufacturers located in third countries where protection does not exist or has expired . ### the absence of any exception in regulation no 469 / 2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the union from manufacturing , even for the exclusive purpose of exporting to country markets outside the union in which such protection does not exist or has expired . a further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the union market immediately after expiry of the certificate , given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed , by contrast with manufacturers located in third countries where protection does not exist or has expired .


### the absence of any exception in regulation no 469 / 2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the union from manufacturing , even for the exclusive purpose of exporting to third country markets in which such protection does not exist or has expired . a further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the union market immediately after expiry of the certificate , given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed , by contrast with manufacturers located in third countries where protection does not exist or has expired . ### the absence of any exception in regulation no 469 / 2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the union from manufacturing , even for the exclusive purpose of exporting to country markets in which such protection does not exist or has expired . a further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the union market immediately after expiry of the certificate , given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed , by contrast with manufacturers located in third countries where protection does not exist or has expired .


### the authority referred to in article 9 of the member state where that making is to take place is notified by the person doing the making of the information listed in paragraph 3 no later than 28 days before the intended start date of making in that member state ; ### the authority referred to in article 9 of the member state where that making is to take place and the certificate - holder at its address for service in the relevant member state are notified by the person doing the making of the information listed in paragraph 3 no later than 60 days before the earliest start date of making or any related act that is strictly necessary for that making in that member state ;


### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate . ### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where protection does not exist or has expired . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate .


### by providing for a period of supplementary protection of up to five years , regulation no 469 / 2009 seeks to promote , within the union , the research and innovation that is necessary to develop medicinal products , and to contribute to preventing the relocation of pharmaceutical research outside the union to countries that may offer greater protection . ### regulation no 469 / 2009 provided a uniform solution at community level to prevent a heterogeneous evolution of national legislation creating new disparities , which could hinder the free movement of medicines within the community and thus directly affect the functioning of the internal market . however , the medicines system in the eu has evolved in recent decades with the introduction of generic and biosimilar medicines which improve competitiveness , the sustainability of health systems and european citizens’ access to medicines , while the exception intended by the proposed amendment of this regulation provides an opportunity to improve the parameters referred to above , which are now under threat .


### the authority referred to in article 9 of the member state where that making is to take place is notified by the person doing the making of the information listed in paragraph 3 no later than 28 days before the intended start date of making in that member state ; ### the authority referred to in article 9 of the member state where each making is to take place and the certificate - holder at its address for service in the relevant member state are notified by each person doing the making of the information listed in paragraph 3 no later than 3 months before the earliest start date of making or any related act that is strictly necessary for that making in that member state ;


### the absence of any exception in regulation no 469 / 2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the union from manufacturing , even for the exclusive purpose of exporting to third country markets in which such protection does not exist or has expired . a further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the union market immediately after expiry of the certificate , given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed , by contrast with manufacturers located in third countries where protection does not exist or has expired . ### the absence of any exception in regulation no 469 / 2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the union from manufacturing , even for the exclusive purpose of exporting to third country markets in which protection does not exist or has expired . a further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the union market immediately after expiry of the certificate , given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed , by contrast with manufacturers located in third countries where protection does not exist or has expired .


### the intended start date of making in the relevant member state ; ### the earliest start date of making in the relevant member state or any related acts strictly necessary for making ;


### in the case of a lack of conformity with the contract , the consumer shall be entitled to have the goods brought into conformity by the seller , free of charge , by repair or replacement in accordance with article 11 . ### in the case of a lack of conformity with the contract , the consumer shall be entitled to choose between the following remedies : having the goods brought into conformity with the contract , in accordance with article 11 ; being granted&#160 ; a price reduction , in accordance with article 12 ; terminating the contract , in accordance with article 13 .


### be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of the conclusion of the contract and which the seller has accepted ; and ### be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of conclusion of the contract ; and


### in cases where the goods were installed by the seller or under the seller’s responsibility , the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods . in a case where the goods were intended to be installed by the consumer , the time when the consumer had reasonable time for the installation but in any case not later than 30 days after the time indicated in paragraph 1 shall be considered as the time when the consumer has acquired the physical possession of the goods . ### in cases where the goods were installed by the seller or under the seller ' s responsibility , the time when the installation is complete shall be considered as the time when the consumer has acquired physical possession of the goods . in a case where the goods were intended to be installed by the consumer , the time when the consumer had reasonable time for the installation , being not later than 30 days after the time indicated in paragraph 1 , shall be considered as the time when the consumer has acquired physical possession of the goods , save where the complexity of the installation requires a longer time .


### existing disparities may adversely affect businesses and consumers . pursuant to regulation no 593 / 2008 of the european parliament and of the council40 , businesses directing activities to consumers in other member states need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence . as these rules differ among member states , businesses may be faced with additional costs . consequently many businesses may prefer to continue trading domestically or only export to one or two member states . that choice of minimising exposure to costs and risks associated with cross - border e - commerce results in lost opportunities of commercial expansion and economies of scale . small and medium enterprises are in particular affected . _________________ 40 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations oj l177 , 4 . 7 . 2008 , p . 6 . ### existing disparities in relation to contract law in different member states may adversely affect businesses and consumers , in addition to other key regulatory and non - regulatory issues such as tax laws , delivery network issues , payment systems and language barriers . however , the main difficulties encountered by consumers and the main source of disputes with sellers concern the non - conformity of goods with the contract . it is therefore necessary to improve consumer confidence in the internal market by providing for a high level of consumer protection and a modernised legal regime for the sale of consumer goods and associated guarantees . those rules may provide an appropriate legal framework whilst still allowing member states flexibility in implementation to improve protection for consumers .


### any contractual agreement which , to the detriment of the consumer , excludes the application of national measures transposing this directive , derogates from them or varies their effect before the lack of conformity with the contract of the goods is brought to the seller ' s attention by the consumer shall not be binding on the consumer unless parties to the contract exclude , derogate from or vary the effects of the requirements of articles 5 and 6 in accordance with article 4 . ### any contractual agreement which , to the detriment of the consumer , excludes the application of national measures transposing this directive , derogates from them or varies their effect before the lack of conformity with the contract of the goods is brought to the seller ' s attention by the consumer shall not be binding on the consumer .


### where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to article 9 , the consumer may terminate the contract only in relation to those goods and any other goods , which the consumer acquired as an accessory to the non - conforming goods . ### where the lack of conformity with the contract relates to only some of the goods delivered under the contract which are separable from the other goods and there is a ground for termination of a contract pursuant to article 9 in relation to those non - conforming goods , the consumer may terminate the contract only in relation to those separable goods and any other goods which the consumer acquired as an accessory to the non - conforming goods , unless the consumer cannot be expected to accept performance of the part of the contract in relation to the goods which are in conformity .


### ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy . similarly , keeping non - compliant products out of the union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market . for these purposes , product specific union legislation is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products , using for this purpose adapted criteria . this directive should therefore be complementary to the objectives followed in this union sector specific legislation . in so far as specific durability information is indicated in any pre - contractual statement which forms part of the sales contract , the consumer should be able to rely on them as a part of the criteria for conformity . ### ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy . similarly , keeping non - compliant products out of the union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market . for those purposes , product specific union legislation , such as council directive 85 / 374 / eec1a , is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products , using for this purpose adapted criteria . this directive should therefore be complementary to the objectives followed in union product liability legislation . specific durability information should be indicated in any pre - contractual statement which forms part of the sales contract , which should be part of the criteria for conformity . furthermore , sellers should inform consumers about the availability of spare parts which are necessary for the use of the product . _________________ 1a council directive 85 / 374 / eec of 25 july 1985 on the approximation of the laws , regulations and administrative provisions of the member states concerning liability for defective products .


### member states shall not maintain or introduce provisions diverging from those laid down in this directive including more or less stringent provisions to ensure a different level of consumer protection . ### member states may adopt or maintain in force more stringent provisions than those laid down in this directive for the protection of consumers , and the implementation of this directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of union law .


### at the time relevant for establishing the conformity with the contract as determined by article 8 , the goods must be free from any right of a third party , including based on intellectual property , so that the goods can be used in accordance with the contract . ### the goods shall be free from any restriction resulting from any right of a third party , including any restriction based on intellectual property rights , that may prevent the consumer using the goods in accordance with the contract .


### e - commerce is the main driver for growth within the digital single market . however its growth potential is far from being fully exploited . in order to strengthen union competiveness and to boost growth , the union needs to act swiftly and encourage economic actors to unleash the full potential offered by the digital single market . the full potential of the digital single market can only be unleashed if all market participants enjoy smooth access to the online sales of goods and are able to confidently engage in e - commerce transactions . the contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods online cross - border . those rules also influence consumers’ willingness to embrace and trust this type of purchase . ### e - commerce is a key driver for growth within the digital single market . however its growth potential is far from being fully exploited . the full potential of the digital single market can only be unleashed if all market participants enjoy smooth access to the online sales of goods and are able confidently to engage in e - commerce transactions . contracts are an indispensable legal tool for most economic transactions . the contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods online cross - border . those rules also influence consumers’ willingness to embrace and trust this type of purchase .


### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than two years from the relevant time for establishing conformity with the contract . ### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years from the relevant time for establishing conformity . where the consumer can reasonably expect that the lifespan of a product is longer than two years , and the lack of conformity becomes apparent within that lifespan , the consumer shall also be entitled to a remedy for that lack of conformity . in order to determine the lifespan of a product which is reasonable for the consumer to expect , all circumstances shall be taken into account , including in particular : durability requirements laid down by product - specific legislation , or durability information indicated in any pre - contractual or public statement made by the seller , or , where relevant , by other persons in earlier links of the chain of transactions , including the producer . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than the time limit specified in the first subparagraph of this paragraph .


### be of the quantity , quality and description required by the contract , which includes that where the seller shows a sample or a model to the consumer , the goods shall possess the quality of and correspond to the description of this sample or model ; ### possess the quality of and correspond to the description of the sample or model thereof ; where a contract is concluded by reference to a sample or model of the goods that is seen or examined by the consumer before the contract is concluded , the goods shall : match the sample or model except to the extent that any differences between the sample or model and the goods are brought to the consumer ' s attention before the contract is concluded ; and be free from any defect that renders their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample or model ;


### the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the notice and shall bear the cost of the reimbursement ; ### the seller shall reimburse to the consumer all sums received under the contract without undue delay and in any event not later than 14 days from receipt of the unequivocal statement on termination of the contract referred to in paragraph 1 . the seller shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction , unless the consumer expressly agrees otherwise . the seller shall not impose any fee on the consumer in respect of the reimbursement .


### in order to increase legal certainty for sellers and overall consumer confidence in cross - border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods . considering that the large majority of member states have foreseen a two - year period when implementing directive 1999 / 44 and in practice this is considered by market participants as a reasonable period , this period should be maintained . ### in order to increase legal certainty for sellers and overall consumer confidence in cross - border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods . in order to achieve a high level of consumer protection this period should be six years .


### the union rules applicable to the online and other distance sales of goods are still fragmented although rules on pre - contractual information requirements , the right of withdrawal and delivery conditions have already been fully harmonised . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are subject to minimum harmonisation in directive 1999 / 44 / ec of the european parliament and of the council39 . member states have been allowed to go beyond the union standards and introduce rules that ensure even higher level of consumer protection . having done so , they have acted on different elements and to different extents . thus , national provisions transposing the union legislation on consumer contract law significantly diverge today on essential elements of a sales contract , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . _________________ 39 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 . ### certain union rules applicable to the online and other distance sales of goods have already been harmonised , including rules on pre - contractual information requirements , the right of withdrawal and delivery conditions . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are regulated at a minimum level by directive 1999 / 44 / ec of the european parliament and of the council39 . in practice therefore , national provisions transposing the union legislation on consumer contract law significantly diverge today on essential elements of a sales contract , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . _________________ 39 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 .


### increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers . consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules . this in turn would increase their trust in the cross - border commerce at a distance and in particular online . consumers will more confidently buy at a distance cross - border knowing they would enjoy the same rights across the union . ### increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers . consumers will benefit from a high level of consumer protection and welfare gains through targeted rules . this in turn would increase their trust in the cross - border commerce . consumers will more confidently buy cross - border knowing they would enjoy the same rights across the union .


### subject matter and scope ### subject matter , scope and objectives


### at the time relevant for establishing the conformity with the contract as determined by article 8 , the goods must be free from any right of a third party , including based on intellectual property , so that the goods can be used in accordance with the contract . ### at the time relevant for establishing conformity with the contract as determined by article 8 , the goods must be free from any restriction resulting from any right of a third party , including any restriction based on intellectual property rights , that may prevent the consumer from using the goods in accordance with the contract .


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


### possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that : ### possess qualities and performance features , including its functionality , durability and security , which are normal in goods of the same type and which the consumer may expect given the nature of the goods , taking into account , where relevant , any existing technical standards or , in the absence of such technical standards , applicable industry codes of conduct and good practices , and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , unless the seller can show that :


### in order to allow businesses to rely on a single set of rules across the union , it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer . within the first two years , in order to benefit from the presumption of lack of conformity , the consumer should only establish that the good is not conforming , without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity . in order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the digital single market , a fully harmonised order in which remedies can be exercised should be provided for . in particular , the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust . moreover , enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products . ### there is a need for a free choice of remedies in order to prevent consumers’ rights in several member states being diminished . it would be arbitrary to impose a hierarchy of remedies upon consumers when there is also an absence of clear information regarding the order in which consumers will prioritise the available remedies . it should be left to the consumer to have the choice available to them to decide on an individual basis .


### a repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer , taking account of the nature of the goods and the purpose for which the consumer required the goods . ### a repair or replacement shall be completed within a reasonable time , and in any event within 30 days from the moment the seller has acquired physical possession of the goods or the consumer has handed over the goods to the carrier chosen by the seller . such repair or replacement shall be without any significant inconvenience to the consumer , taking account of the nature of the goods and the purpose for which the consumer required the goods .


### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than two years from the relevant time for establishing conformity with the contract . ### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within six years from the relevant time for establishing conformity . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than six years from the relevant time for establishing conformity with the contract .


### member states shall not maintain or introduce provisions diverging from those laid down in this directive including more or less stringent provisions to ensure a different level of consumer protection . ### in so far as provided for , or not expressly regulated otherwise , in this directive , member states may maintain or introduce more stringent provisions for the protection of consumers .


### in cases where the goods were installed by the seller or under the seller’s responsibility , the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods . in a case where the goods were intended to be installed by the consumer , the time when the consumer had reasonable time for the installation but in any case not later than 30 days after the time indicated in paragraph 1 shall be considered as the time when the consumer has acquired the physical possession of the goods . ### in cases where the goods were installed by the seller or under the seller’s responsibility , the time when the installation is complete shall be considered as the time when the consumer has acquired physical possession of the goods . in a case where the goods were intended to be installed by the consumer , the time when the consumer had reasonable time for the installation , being not later than 30 days after the time indicated in paragraph 1 , shall be considered as the time when the consumer has acquired physical possession of the goods , save where the complexity of the installation requires a longer time .


### in the case of a lack of conformity with the contract , the consumer shall be entitled to have the goods brought into conformity by the seller , free of charge , by repair or replacement in accordance with article 11 . ### in the case of a lack of conformity with the contract , the consumer shall be entitled to choose between the following remedies : having the goods brought into conformity with the contract , in accordance with article 11 ; being granted&#160 ; a price reduction , in accordance with article 12 ; terminating the contract , in accordance with article 13 .


### where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to article 9 , the consumer may terminate the contract only in relation to those goods and any other goods , which the consumer acquired as an accessory to the non - conforming goods . ### where the lack of conformity with the contract relates to only some of the goods delivered under the contract , the consumer may terminate the contract only in relation to those goods and any other goods which the consumer acquired as an accessory to or in conjunction with the non - conforming goods .


### member states shall not maintain or introduce provisions diverging from those laid down in this directive including more or less stringent provisions to ensure a different level of consumer protection . ### member states may adopt or maintain in force more stringent provisions than those laid down in this directive for the protection of consumers , and the implementation of this directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of union law .


### the union rules applicable to the sales of goods are still fragmented although rules on pre - contractual information requirements , the right of withdrawal for distance contracts and delivery conditions have already been fully harmonised . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are currently subject to minimum harmonisation in directive 1999 / 44 / ec of the european parliament and of the council46 . member states have been allowed to go beyond the union standards and introduce rules that ensure even higher level of consumer protection . having done so , they have acted on different elements and to different extents . thus , national provisions transposing directive 1999 / 44 / ec significantly diverge today on essential elements , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . __________________ 46 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 . ### certain union rules applicable to the sales of goods have already been harmonised , including rules on pre - contractual information requirements , the right of withdrawal for distance contracts and delivery conditions have already been fully harmonised . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are currently regulated at a minimum level by directive 1999 / 44 / ec of the european parliament and of the council46 . in practice , therefore , national provisions transposing the union legislation on consumer contract law , in particular directive 1999 / 44 / ec , significantly diverge today on essential elements of what constitutes a sales contract , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . __________________ 46 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 .


### be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of the conclusion of the contract and which the seller has accepted ; and ### be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of conclusion of the contract ; and


### this directive should not apply to goods like dvds and cds incorporating digital content in such a way that the goods function only as a carrier of the digital content . however , this directive should apply to digital content integrated in goods such as household appliances or toys where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods . ### this directive should not apply to digital content or digital services integrated in goods such as household appliances , toys or storage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer , unless the seller proves that the lack of conformity lies in the hardware of the goods .


### this directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to overcome contract - law related barriers in the digital single market . for this purpose , rules on conformity requirements , remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised and the level of consumer protection as compared to directive 1999 / 44 / ec , should be increased . ### this directive covers rules applicable to the sales of goods only in relation to key contract elements needed to overcome contract - law related barriers in the digital single market . for this purpose , rules on conformity requirements , remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be harmonised at a minimum level and the level of consumer protection as compared to directive 1999 / 44 / ec , should be increased .


### in cases where the goods were installed by the seller or under the seller’s responsibility , the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods . in a case where the goods were intended to be installed by the consumer , the time when the consumer had reasonable time for the installation but in any case not later than 30 days after the time indicated in paragraph 1 shall be considered as the time when the consumer has acquired the physical possession of the goods . ### in a case governed by point of article 6 , the time when the installation is complete shall be considered as the time when the consumer has acquired physical possession of the goods . in a case governed by point of article 6 , the time when the consumer has had reasonable time for the installation but in any case not later than 30 days after the time indicated in paragraph 1 shall be considered as the time when the consumer has acquired physical possession of the goods .


### in order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected , it is essential to fully harmonise rules for determining the conformity with the contract . applying a combination of subjective and objective criteria should safeguard legitimate interests of both parties to a sales contract . conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre - contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods , in particular in terms of fitness for the purpose , packaging , installation instructions and normal qualities and performance capabilities . ### in order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected , it is essential to apply a combination of subjective and objective criteria to safeguard legitimate interests of consumer and seller to a sales contract . conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre - contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods , in particular in terms of fitness for the purpose , packaging , installation instructions and normal qualities and performance capabilities .


### in order to increase legal certainty for sellers and overall consumer confidence in cross - border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods . considering that the large majority of member states have foreseen a two - year period when implementing directive 1999 / 44 and in practice this is considered by market participants as a reasonable period , this period should be maintained . ### in order to increase legal certainty for sellers and overall consumer confidence in cross - border purchases it is necessary to harmonise on a minimum level the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods .


### the guarantee statement shall be made available on a durable medium and drafted in plain , intelligible language . it shall include the following : ### the guarantee statement shall be made available to the consumer on paper or , if the consumer agrees , on another durable medium and shall be drafted in plain , intelligible language . a paper copy of the guarantee statement shall be provided to the consumer upon request and free of charge . it shall include the following :


### possess qualities and performance capabilities which are normal in goods of the same type and which the consumer may expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , including the producer , unless the seller shows that : ### possess qualities and performance features , including its functionality , durability and security , which are normal in goods of the same type and which the consumer may expect given the nature of the goods , taking into account , where relevant , any existing technical standards or , in the absence of such technical standards , applicable industry codes of conduct and good practices , and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions , unless the seller can show that :


### e - commerce is one of the main drivers for growth within the internal market . however its growth potential is far from being fully exploited . in order to strengthen union competiveness and to boost growth , the union needs to act swiftly and encourage economic actors to unleash the full potential offered by the internal market . the full potential of the internal market can only be unleashed if all market participants enjoy smooth access to cross - border sales of goods , including in e - commerce transactions . the contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods cross - border . those rules also influence consumers’ willingness to embrace and trust this type of purchase . ### e - commerce is a key driver for growth within the internal market . however its growth potential is far from being fully exploited . the full potential of the internal market can only be unleashed if all market participants enjoy smooth access to cross - border sales of goods including e - commerce transactions . contracts are an indispensable legal tool for most economic transactions . the contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods cross - border . those rules also influence consumers’ willingness to embrace and trust this type of purchase .


### ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy . similarly , keeping non - compliant products out of the union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market . for these purposes , product specific union legislation is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products , using for this purpose adapted criteria . this directive should therefore be complementary to the objectives followed in this union sector specific legislation . in so far as specific durability information is indicated in any pre - contractual statement which forms part of the sales contract , the consumer should be able to rely on them as a part of the criteria for conformity . ### ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy . similarly , keeping non - compliant products out of the union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market . for those purposes , product specific union legislation , such as council directive 85 / 374 / eec1a , is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products , using for this purpose adapted criteria . this directive should therefore be complementary to the objectives followed in union product liability legislation . specific durability information should be indicated in any pre - contractual statement which forms part of the sales contract , which should be part of the criteria for conformity . furthermore , sellers should inform consumers about the availability of spare parts which are necessary for the use of the product . _________________ 1a council directive 85 / 374 / eec of 25 july 1985 on the approximation of the laws , regulations and administrative provisions of the member states concerning liability for defective products .


### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than two years from the relevant time for establishing conformity with the contract . ### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within a period of not less than two years from the relevant time for establishing conformity . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than two years from the relevant time for establishing conformity with the contract .


### ' free of charge ' means free of the necessary costs incurred in order to bring the goods into conformity , particularly the cost of postage , labour and materials ### ' free of charge ' means free of the usual costs incurred in order to bring the goods into conformity , particularly the cost of postage , labour and materials


### the union rules applicable to the online and other distance sales of goods are still fragmented although rules on pre - contractual information requirements , the right of withdrawal and delivery conditions have already been fully harmonised . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are subject to minimum harmonisation in directive 1999 / 44 / ec of the european parliament and of the council39 . member states have been allowed to go beyond the union standards and introduce rules that ensure even higher level of consumer protection . having done so , they have acted on different elements and to different extents . thus , national provisions transposing the union legislation on consumer contract law significantly diverge today on essential elements of a sales contract , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . _________________ 39 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 . ### certain union rules applicable to the online and other distance sales of goods have already been harmonised , including rules on pre - contractual information requirements , the right of withdrawal and delivery conditions . other key contractual elements such as the conformity criteria , the remedies and modalities for their exercise for goods which do not conform to the contract are regulated at a minimum level by directive 1999 / 44 / ec of the european parliament and of the council39 . in practice therefore , national provisions transposing the union legislation on consumer contract law significantly diverge today on essential elements of a sales contract , such as the absence or existence of a hierarchy of remedies , the period of the legal guarantee , the period of the reversal of the burden of proof , or the notification of the defect to the seller . _________________ 39 directive 1999 / 44 / ec of the european parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantees oj l 171 , 7 . 7 . 1999 , p . 12 .


### at the time relevant for establishing the conformity with the contract as determined by article 8 , the goods must be free from any right of a third party , including based on intellectual property , so that the goods can be used in accordance with the contract . ### at the time relevant for establishing conformity with the contract as determined by article 8 , the goods must be free from any restriction resulting from any right of a third party , including any restriction based on intellectual property rights , that may prevent the consumer from using the goods in accordance with the contract .


### the goods shall , where relevant : ### the goods shall , where applicable :


### increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers . consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules . this in turn would increase their trust in the cross - border commerce at a distance and in particular online . consumers will more confidently buy at a distance cross - border knowing they would enjoy the same rights across the union . ### increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers . consumers will benefit from a high level of consumer protection and welfare gains through targeted rules . this in turn would increase their trust in the cross - border commerce . consumers will more confidently buy cross - border knowing they would enjoy the same rights across the union .


### by the time of conclusion of the contract the statement had been corrected ; or ### by the time of conclusion of the contract the statement had been corrected and the consumer could not reasonably have been unaware of that correction ; or


### the consumer ' s choice between repair and replacement should only be limited where the option chosen would be disproportionate compared to the other option available , impossible or unlawful . for instance , it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while , at the same time , the scratch could easily be repaired . ### if , in the case of non - conformity of the goods with the contract , the consumer has chosen either repair or replacement , his choice should only be limited where the option chosen would be disproportionate compared to the other option available , impossible or unlawful . for instance , it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while , at the same time , the scratch could easily be repaired .