### market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale and with adequate frequency , by means of a documentary check and , where necessary , a physical and laboratory check on the basis of an adequate sample . they shall record these checks in the information and communication system for market surveillance referred to in article 21 . ### market surveillance authorities shall perform appropriate checks on the characteristics of products , irrespective of the distribution channels and selling techniques , on an adequate scale and with adequate frequency , by means of a documentary check and , where necessary , a physical and laboratory check on the basis of an adequate sample . they shall record these checks in the information and communication system for market surveillance referred to in article 21 .


### market surveillance shall be organised and carried out in accordance with this regulation with a view to ensuring that products presenting a risk are not made available on the union market and , where such products have been made available , effective measures are taken to remove the risk presented by the product . ### market surveillance shall be organised and carried out in accordance with this regulation with a view to ensuring that products presenting a risk and products that are not compliant with the applicable union legislation , are not placed or made available on the union market and , where such products have been made available , effective measures are taken to remove the risk presented by the product .


### they shall cooperate with economic operators to prevent or reduce risks caused by products made available by those operators . for this purpose , they shall encourage and promote voluntary action by economic operators including , where applicable , through the development of and adherence to codes of good practice . ### market surveillance authorities shall cooperate with economic operators and other competent national authorities to prevent or reduce risks caused by products made available by those economic operators . for this purpose , they shall encourage and promote voluntary action by economic operators including , where applicable , through the development of and adherence to codes of good practice .


### they shall cooperate with economic operators to prevent or reduce risks caused by products made available by those operators . for this purpose , they shall encourage and promote voluntary action by economic operators including , where applicable , through the development of and adherence to codes of good practice . ### they shall cooperate with economic operators and trade unions to prevent or reduce risks caused by products made available by those economic operators . for this purpose , they shall encourage and promote voluntary action by economic operators including , where applicable , through the development of and adherence to codes of good practice .


### where appropriate , market surveillance authorities shall alert users in their territories within an adequate timeframe of products that those authorities have identified as presenting a risk . ### where appropriate , market surveillance authorities shall alert users in their territories without delay of the identity of products that those authorities have identified as presenting a risk .


### the penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particular to the situation of small and medium - sized enterprises . the penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements . ### the penalties referred to in the first subparagraph shall have regard to the seriousness of the infringement and the amount of undue revenue derived from it . the penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements .


### where it is necessary and justified for carrying out their duties , market surveillance authorities may enter the premises of economic operators and take any necessary samples of products . ### where it is necessary and justified for carrying out their duties , market surveillance authorities may enter the premises of economic operators without prior warning , examine , seize or take copies of any and all documents , gain access to it systems and take any necessary samples of products .


### market surveillance authorities shall take due consideration of any readily available test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other member states . ### market surveillance authorities shall take due consideration of any readily available and comprehensible test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other member states .


### compliance with the criteria referred to in points , and of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate . however , this shall not prevent market surveillance authorities from taking action under this regulation where there is new evidence that , despite such conformity or compliance , the product presents a risk . ### compliance with the criteria referred to in points , and of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate . however , this shall not prevent market surveillance authorities from taking action under this regulation where there is evidence that , despite such conformity or compliance , the product presents a risk .


### alerting the persons at risk to the risk , in good time and in an appropriate form , including by publication of special warnings ; ### alerting the persons at risk to the risk , immediately and in an appropriate form , including by publication of special warnings ;


### the data necessary to identify the product ; ### the data necessary for product identification and traceability ;


### market surveillance authorities shall publish information about product identification , the nature of a risk and the measures taken to prevent , reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the union . this information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets , preserve personal data pursuant to national and union legislation or avoid undermining monitoring and investigation activities . ### market surveillance authorities shall publish information about product identification , the nature of a risk and the measures taken to prevent , reduce or eliminate that risk - as referred to in article 6 - on a dedicated website , without delay , to the fullest extent necessary to protect the interests of users of products in the union .


### preventing the product from being placed or made available on the market ; ### preventing immediately the product from being placed or made available on the market ;


### the implementation of market surveillance activities and external border controls shall be monitored by the member states which shall report on these activities and controls to the commission every year . the information reported shall include statistics regarding the number of controls carried out and shall be communicated to all member states . member states may make a summary of the results accessible to the public . ### the implementation of market surveillance activities and external border controls shall be monitored by the member states which shall report on these activities and controls to the commission every year . the information reported shall include statistics regarding the number and results of controls of each type carried out . these statistics shall be communicated to all member states and shall be made available to the public .


### market surveillance authorities shall publish information about product identification , the nature of a risk and the measures taken to prevent , reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the union . this information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets , preserve personal data pursuant to national and union legislation or avoid undermining monitoring and investigation activities . ### in the case of products found to present a risk , market surveillance authorities shall publish information about product identification , the nature of a risk and the measures taken to prevent , reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the union . this information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets , preserve personal data pursuant to national and union legislation or avoid undermining monitoring and investigation activities .


### council position ### article 24a review by . . . * , the commission shall submit a report to the european parliament and the council regarding possible new labelling requirements to be introduced at union level with a view to providing consumers with accurate , relevant , intelligible and comparable information on the characteristics of textile products . 2 . the report shall be based on an extended consultation of all stakeholders , consumer surveys , a thorough cost - benefit analysis , and shall take into account existing related european and international standards . 3 . the report shall be accompanied , where appropriate , by legislative proposals , and shall examine , inter alia , the following issues : - a harmonised care labelling system , - an eu - wide uniform size labelling system for clothing , indicating body measurements , - an eu - wide uniform size labelling system for footwear , - indication of any potentially allergenic or hazardous substances used in the manufacture or processing of textile products , - ecological labelling relating to the environmental performance and sustainable production of textile products , - social labelling to inform consumers about the social conditions under which a textile product was produced , - warning labels with regard to the flammability performance of textile products , in particular high - fire - hazard clothing , - electronic labelling , including radio - frequency identification , - the inclusion of an identification number on the label which shall be used to obtain additional on - demand information , for instance via the internet , about the product and the manufacturer , - the use of language - independent symbols or codes for identifying the fibres comprised in a textile product , enabling the consumer to easily understand its composition and , in particular , the use of natural or synthetic fibres . ___________ * 18 months after the date of entry into force of this regulation .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling including the upgrade of existing district heating and cooling networks , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial planning , and in local and regional energy strategies and planning . account shall be taken of local / regional heat markets .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that if , where it is technically feasible and cost - effective , final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters , these will accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of heating and cooling demand for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment should consider different types of cogeneration on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial plans , and in local and regional energy strategies and planning . account shall be taken of local / regional heat markets .


### include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in households affected by energy poverty or in social housing ; ### include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented as a priority in households affected by energy poverty or in social housing ;


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration including small - and micro - cogeneration , and efficient district heating and cooling , containing the information set out in annex vii . the administrative outlay on this should be minimised . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### ‘ energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , according to which the payment for the investment made by the provider is in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion , such as financial savings ; ### ' energy performance contracting ' means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , verified and monitored during the whole term of the contract , where investments in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion .


### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . ### without prejudice to article 7 of directive 2010 / 31 , member states shall ensure that as from 1 january 2014 , 2 , 5% of the energy consumption of buildings owned or newly leased or newly rented by public bodies is reduced each year .


### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’ sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’ sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### ‘ energy audit’ means a systematic procedure to obtain adequate knowledge of the existing energy consumption profile of a building or group of buildings , an industrial or commercial operation or installation or a private or public service , identify and quantify cost - effective energy savings opportunities , and report the findings ; ### “energy audit” means a systematic high quality investment grade audit to obtain adequate knowledge of the actual energy performance of industrial facilities , industrial processes and buildings , or a private or public service . the audit identifies and quantifies cost - effective savings , and makes recommendations for realizing these savings and improving energy performance . the basis for these calculations must be life - cycle costs and benefits , while also taking into account variable elements such as user or occupiers’ behaviour . this provides facility and buildings owners and managers , utilities , energy services companies and investors with a high level of certainty about project costs and expected savings and risks ;


### in the implementation of the 20% energy efficiency target , the commission will have to monitor the impact of new measures on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future . ### the implementation of the 20% energy efficiency target could result in reduced demand for eu ets allowances and entail distortions in the eu carbon price , therefore the commission should conduct an assessment report of the impacts that the new measures will have on directive 2003 / 87 / ec establishing the eu ' s emissions trading system , in order to create incentives in the emissions trading system triggering additional energy efficiency measures , rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future .


### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . ### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . a significant part of member states’ national energy savings targets therefore needs to be realised through measures , notably renovation , in the buildings sector . member states should therefore be obliged to produce action plans to specify energy savings targets for buildings and public buildings accompanied with specified financial mechanisms and measures . these measures should complement the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . these obligations complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements .


### member states shall ensure that public bodies purchase only products , services and buildings with high energy efficiency performance , as referred to in annex iii . ### as public bodies can function as very important role models for the rest of society , can promote new innovative energy efficiency products and services and account for a considerable part of the national energy consumption , member states shall ensure that public bodies only purchase and invest in products , services and buildings with the highest energy efficiency performance , as referred to in annex iii .


### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . energy audits should be mandatory and regular for large enterprises , as energy savings can be significant . ### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that financially affordable energy audits are available . energy audits should be mandatory and regular for large enterprises , as energy savings can be significant .


### allow obligated parties to count savings obtained in a given year as if they had instead been obtained in any of the two previous or two following years . ### allow obligated parties to count savings obtained in a given year as long as they can be documented and verified .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure including the upgrade of existing infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . notably , authorisation and permitting decisions referred to in paragraphs 3 , 6 and 8 , shall be taken in line with national heating and cooling plans . when developing district heating and cooling , they high - efficiency cogeneration shall to the extent possible be given preference over heat - only combustion units generation .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission an assessment of the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have carried out an equivalent assessment , they shall notify it to the commission . the assessment shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in all local and regional energy strategies . account shall be taken of local / regional heat markets .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and affordable manner by qualified or accredited experts at the latest by 30 june 2014 .


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20&#160 ; % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### each member state shall ensure that its national absolute level of primary energy consumption in 2020 is at least below its target as set out in the left column of the table of annex - i - part a . such mandatory national targets are consistent with the union ' s target of at least 20&#160 ; % energy savings referred to in article 1 which requires a reduction of eu primary energy consumption of at least 368 mtoe in 2020 as compared to projections .


### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan19 , the european parliament called on the commission to include in its revised energy efficiency action plan measures to close the gap to reach the overall eu energy efficiency objective in 2020 . ### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan , the european parliament called on the commission to include in its revised energy efficiency action plan a binding energy efficiency target , alongside measures to close the gap to reach the overall eu energy savings objective in 2020 .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters , these should be subject to a full cost - benefit analysis of the consumer interest , as foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets . when establishing the minimum functionalities of the meters and obligations imposed on market participants , member states shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account . this includes ensuring that smart meters are user - friendly and provide clear , accurate and detailed real - time information on energy consumption in order to enable the final customer to make energy savings .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of cogeneration demand for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment should consider different types of cogeneration on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial plans , and in local and regional energy strategies and planning .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure , following a positive cost - benefit analysis , that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of heating and cooling demand for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment should consider different types of cogeneration on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial plans , and in local and regional energy strategies and planning . account shall be taken of local / regional heat markets .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi , without such customers , and particularly the most vulnerable among them , being disadvantaged by any additional charges , and with due regard to the european framework of rules on personal data protection .


### in the implementation of the 20% energy efficiency target , the commission will have to monitor the impact of new measures on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future . ### in the implementation of the 20% energy efficiency target , the commission will have to monitor and take into consideration the impact of new measures on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future . the measures proposed in this directive must not overlap with the provisions of directive 2003 / 87 / ec in order not to disrupt emissions quota trading .


### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably by providing specific measures and incentives in order to ensure that vulnerable social groups , such as elderly or disabled women and men , single parents and low income households , have access to the benefits of higher energy efficiency and that the impact of the costs of energy efficiency measures on end consumers ' energy bills is mitigated . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat , renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 and municipal waste incineration plants . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation .


### by 30 june 2014 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , requiring a reduction of eu primary energy consumption of 368 mtoe in 2020 , taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 . ### by 30 june 2015 , the commission shall assess whether the union is likely to achieve its target of 20 % primary energy savings by 2020 , adjusted in line with economic developments , requiring a reduction of eu energy intensity of not more than 104 mtoe per million euro of gdp at 2005 prices in 2020 , taking into account the sum of the weighted average of the national targets referred to in paragraph 1 and the evaluation referred to in article 19 and primary energy savings achieved through , for example , the ets , the renewable energy directive or the ecodesign directive .


### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . ### without prejudice to article 7 of directive 2010 / 31 , member states shall ensure that as from 1 january 2014 , 2 , 5% of the energy consumption of buildings owned or newly leased or newly rented by public bodies is reduced each year .


### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . ### as part of the national plans referred to in article 3a , and without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that 3% of the total floor area owned by their public bodies is renovated each year .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified and / or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall put in place control , measurement and verification systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall propose that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### when designing energy efficiency improvement measures , account should be taken of efficiency gains and savings obtained through the widespread application of cost - effective technological innovations such as smart meters . to maximise the saving benefits of these innovations , final customers should be able to visualise indicators of cost and consumption and have regular individual billing based on actual consumption . ### when designing energy efficiency improvement measures , account should be taken of efficiency gains and savings that might be obtained through the widespread application of technological innovations such as smart meters . the roll - out of these technological innovations may only be supported when a full cost - benefit analysis is positive , especially for consumers , including low income users and when privacy is guaranteed . the final consumers have to be able to visualise indicators of cost and consumption .


### in the implementation of the 20% energy efficiency target , the commission will have to monitor the impact of new measures on directive 2003 / 87 / ec establishing the eu ' s emissions trading directive in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future . ### the implementation of the 20% energy efficiency target could result in reduced demand for eu ets allowances and entail distortions in the eu carbon price , therefore the commission should conduct an assessment report of the impacts that the new measures will have on directive 2003 / 87 / ec establishing the eu ' s emissions trading system , in order to create incentives in the emissions trading system triggering additional energy efficiency measures , rewarding low carbon investments and preparing the ets sectors for the innovations needed in the future .


### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . ### in order to contribute to the fulfilment of the national energy savings targets and the provisions of article 3 and annex i , member states shall prescribe energy reduction targets and measures for energy savings in public buildings which should ensure an ambitious improvement of the energy performance of publically owned buildings taking account of cost efficiency and energy savings measures in other sectors .


### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks . they may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers . ### in keeping with their national heating and cooling plans , member states shall establish mechanisms and take appropriate infrastructure development measures to ensure the connection of these installations to district heating and cooling networks . the connection to existing networks must be made contingent on the achievement of a higher degree of resource efficiency and the yielding of benefits in terms of the economic viability of the district heating and cooling systems and for their customers .


### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### each member state shall ensure that its national absolute level of primary energy consumption in 2020 is below the target in the left column of the table in annex - 1 . these mandatory national targets are consistent with the objectives of the union of at least 20% energy savings which requires a reduction of eu primary energy consumption by at least 368 mtoe in 2020 .


### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . ### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of dramatically reducing greenhouse gas emissions . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy saving obligation scheme . this scheme shall ensure that energy distributors and / or retail energy sales companies operating on the member state ' s territory achieve cumulative annual end - use energy savings equal to at least 1 . 5% of their annual energy sales , by volume , averaged over the most recent three - year period for that member state . this amount of energy savings shall be achieved by the obligated parties among final customers .


### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of national energy efficiency targets for 2020 . ### it lays down rules designed to remove barriers in the energy and energy services markets and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of national energy efficiency targets for 2020 .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place independent measurement , control and verification systems under which at least a statistically significant proportion and representative selection of the energy efficiency improvement measures put in place by the obligated parties is independently verified .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . thus , in order to sustain the necessary investments , measures shall be taken to facilitate access to public and private funding , as well as european funding , while tax exemptions may be considered . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation where this is cost - efficient .


### include requirements with a social aim in the saving obligations they impose , including by requiring measures to be implemented in households affected by energy poverty or in social housing ; ### recalling that member states have defined the concept of vulnerable customers pursuant to directive 2009 / 72 article 3 , member states shall ensure that a share of energy efficiency measures are targeted at this group ;


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when , and if , member states put in place the roll - out of smart meters , subject to the results of an economic assessment of all the long - term cost , benefits and energy savings if assessed positively , foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . upon the installation of the smart meter , customers shall be given the appropriate information and advice to maximise the potential benefits of smart meters .


### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’28 sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’28 sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . ### without prejudice to article 7 of directive 2010 / 31 , member states shall ensure that as from 1 january 2014 , 2 , 5% of the energy consumption of buildings owned or newly leased or newly rented by public bodies is reduced each year .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that final customers for electricity , natural gas excluding gas only just for cooking purposes , district - supplied domestic hot water , newly constructed buildings and buildings undergoing major renovation and district heating or cooling and are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks . they may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers . ### member states shall establish , where this is cost - effective , mechanisms to encourage the connection of these installations to district heating and cooling networks . they may require that the investment costs for these installations include the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency , personal data protection and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants .


### member states shall ensure that , subject to requirements relating to the maintenance of the reliability and safety of the grid , based on transparent and non - discriminatory criteria defined by the competent national authorities , transmission system operators and distribution system operators in their territory : ### without prejudice to article 16 of directive 2009 / 28 / ec of the european parliament and of the council of 23 april 2009 on the promotion of the use of energy from renewable sources which gives first priority in access and dispatch to the grid to electricity produced from renewable energy sources , member states shall ensure that , subject to requirements relating to the maintenance of the reliability and safety of the grid , based on transparent and non - discriminatory criteria defined by the competent national authorities , transmission system operators and distribution system operators in their territory :


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat , renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 and municipal waste incineration plants . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation .


### ‘ energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , according to which the payment for the investment made by the provider is in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion , such as financial savings ; ### ' energy performance contracting ' means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , verified and monitored during the whole term of the contract , where investments in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters , these should be subject to a full cost - benefit analysis of the consumer interest , as foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets . when establishing the minimum functionalities of the meters and obligations imposed on market participants , member states shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account . this includes ensuring that smart meters are user - friendly and provide clear , accurate and detailed real - time information on energy consumption in order to enable the final customer to make energy savings .


### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters . ### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social , gender and employment matters , including social dialogue and respect of trade unions ' rights , and respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , significant incidents occurred during the reporting period and the risks related to those matters .


### where a parent undertaking prepares a comprehensive report corresponding to the same financial year , referring to the whole group of consolidated undertakings , relying on national , eu - based or international frameworks and covering the information provided for in the third subparagraph of paragraph 1 , the parent undertaking shall be exempt from the obligation to prepare the non - financial statement set out in the third subparagraph of paragraph 1 , provided that such comprehensive report is part of the consolidated annual report . ### where a parent undertaking prepares a comprehensive report corresponding to the same financial year , referring to the whole group of consolidated undertakings , relying on national , eu - based or international frameworks and covering the information provided for in the third subparagraph of paragraph 1 according to the specific provisions defined thereby and by the guidelines for the application of the measures of this directive relating to the non - financial statement , the parent undertaking shall be exempt from the obligation to prepare the non - financial statement set out in the third subparagraph of paragraph 1 , provided that such comprehensive report is part of the consolidated annual report and contains the relevant kpis according to paragraph 1 .


### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . ### in providing non financial - information companies should rely on the guidelines adopted by means of delegated acts by the european commission . before these guidelines are available , companies should rely as minimum on the guiding principles on business and human rights implementing the united nations ' protect , respect and remedy ' framework and the organisation for economic co - operation and development guidelines for multinational enterprises . the companies may additionally rely also on national , eu - based or international frameworks and , if so , should specify which frameworks they have relied upon .


### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including the following : ### for parent undertakings of undertakings to be consolidated that together exceed an average number of 250 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information regarding companies ' activity impact on society relating to at least environmental , social , gender and employment matters , including social dialogue and respect of trade unions ' rights , and respect for human rights , anti - corruption and bribery matters , including :


### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including : ### for companies whose average number of employees during the financial year exceeds 250 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information on the impact of company business on society relating to at least environmental , social , gender , and employment matters , including social dialogue , the right to organise , compliance with the rules of collective agreements , and respect for trade union rights , as well as respect for human rights , and anti - corruption and bribery matters , including :


### where a company does not pursue policies in relation to one or more of these matters , it shall provide an explanation for not doing so . ### where a company does not pursue policies in relation to one or more of these matters , it shall provide an explanation for not doing so . the explanation shall contain a risk assessment of the decision of not pursuing policies relating to these matters . the companies ' activity impact on society shall include the impacts generated by the activities of the reporting company as well as by other companies ' activities that are linked to the reporting company by business relationships , such as joint venture initiatives and the supply and subcontracting chains . the commission shall adopt , by means of delegated acts in accordance with article [ 49 new directive 2013 / 34 ] , by the end of 2015 , and regularly update , guidelines for the application of the measures of this directive relating to the non - financial statement . these guidelines shall build on the guiding principles on business and human rights implementing the united nations ' protect , respect and remedy ' framework and the organisation for economic co - operation and development guidelines for multinational enterprises . these guidelines shall contain key performance indicators in the matters on which information has to be provided . the kpis developed to measure the company ' s activity impact regarding environmental matters shall at least cover land use , water use , greenhouse gas emissions and use of materials . the guidelines shall contain general provisions as well as sector based provisions .


### to the extent necessary for an understanding of such development , performance or position , the analysis shall include both financial and non - financial key performance indicators relevant to the particular business . ### to the extent necessary for an understanding of the companies ' development , performance or position and impact on society and for the transparency and comparability of the review , the analysis shall include both financial and non - financial key performance indicators relevant to the particular business . the analysis shall include the kpis defined in the guidelines developed by the european commission , as from one year after their adoption .


### in providing such information the consolidated annual report may rely on national , eu - based or international frameworks and if so , shall specify which frameworks it has relied upon . ### in providing such information the consolidated annual report shall rely on the guidelines for the application of the measures of this directive relating to the non - financial statement , as from one year after their adoption . before that time , the consolidated annual report shall rely as minimum on the guiding principles on business and human rights implementing the united nations ' protect , respect and remedy ' framework and the organisation for economic co - operation and development guidelines for multinational enterprises . the the consolidated annual report may additionally rely also on national , eu - based or international frameworks and , if so , shall specify which frameworks it has relied upon .


### the risks related to these matters and how the company manages those risks . ### the risks for company and society related to these matters and how the company manages those risks .


### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including : ### for companies whose average number of employees during the financial year exceeds 250 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information regarding companies ' activity impact on society relating to at least environmental , social , gender and employment matters , including social dialogue and respect of trade unions ' rights , and respect for human rights , anti - corruption and bribery matters , including :


### where a company prepares a comprehensive report corresponding to the same financial year relying on national , eu - based or international frameworks and which covers the information provided for in paragraph 1 , it shall be exempt from the obligation to prepare the non - financial statement set out in paragraph 1 , provided that such report is part of the annual report . ### where a company prepares a comprehensive report corresponding to the same financial year relying on national , eu - based or international frameworks and which covers the information provided for in paragraph 1 according to the specific provisions defined thereby and by the guidelines for the application of the measures of this directive relating to the non - financial statement , it shall be exempt from the obligation to prepare the non - financial statement set out in paragraph 1 , provided that such report is part of the annual report and contains the relevant kpis according to paragraph 1 .


### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case . ### a description of the company ' s diversity policy for its administrative , management and supervisory bodies with regard to gender and other aspects such as age , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period .


### the risks related to these matters and how the company manages those risks . ### the risks for the company and society which are related to these matters and how the company manages those risks ; in this context , risks for the company include financial uncertainties , as well as disregard for social and environmental standards .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to gender and other aspects such as age , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case .


### the objective of this directive is to approximate rules on criminal law in the member states in the area of attacks against information systems , and improve cooperation between judicial and other competent authorities , including the police and other specialised law enforcement services of the member states . ### the objective of this directive is to approximate rules on criminal law in the member states in the area of attacks against information systems , and improve cooperation between judicial and other competent authorities , including the police and other specialised law enforcement services of the member states and the union ; this objective forms part of the union ' s general strategy designed to combat organised crime , secure information networks more effectively , protect critical information infrastructures and safeguard data .


### significant gaps and differences in member states’ laws in the area of attacks against information systems area may hamper the fight against organised crime and terrorism , and may complicate effective police and judicial cooperation in this area . the transnational and borderless nature of modern information systems means that attacks against such systems have a trans - border dimension , thus underlining the urgent need for further action to approximate criminal legislation in this area . besides that , the coordination of prosecution of cases of attacks against information systems should be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings . ### significant gaps and differences in member states’ laws in the area of attacks against information systems area may hamper the fight against organised crime and terrorism , and may complicate effective police and judicial cooperation in this area . the transnational and borderless nature of modern information systems means that attacks against such systems have a trans - border dimension , thus underlining the urgent need for further action to approximate criminal legislation in this area at union level . the union should also seek greater international cooperation in the field of data network security by collaborating closely with other organisations with the relevant terms of reference , such as the united nations , nato , the council of europe , or the osce and involving other international stakeholders . besides that , the coordination of prosecution of cases of attacks against information systems should be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings .


### attacks against information systems , in particular as a result of the threat from organised crime , are a growing menace , and there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of member states and the union . this constitutes a threat to the achievement of a safer information society and an area of freedom , security and justice , and therefore requires a response at the level of the european union . ### attacks against information systems are a growing menace and may originate from various quarters such as terrorism , organised crime , states and individual perpetrators . there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of member states and the union . the cross - border nature of certain infringements and the relatively low risks and costs to perpetrators , coupled with the potentially high returns and resulting damage inflicted , seriously increases the risk of such attacks . this constitutes a threat to the achievement of a safer information society and an area of freedom , security and justice , and therefore requires a response at the level of not only the european union but also the international community .


### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that a minimum of 50 % of workers participating in these actions find stable employment within a year from the date of application . ### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that a minimum of 50 % of workers participating in these actions enter the employment market within a year from the date of application .


### member states shall adopt and publish , by { 31 december 2009 } at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 january 2010 } . ### member states shall adopt and publish , by { 30 april 2014 } , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . they shall apply those provisions from { 1 may 2014 } .


### directives 71 / 317 / eec , 71 / 347 / eec , 71 / 349 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec are repealed with effect from { 1 january 2010 } . ### directives 71 / 317 / eec , 71 / 347 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec are repealed with effect from 1 may 2013 .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or in line with the principles of better law - making , by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . 1 oj l 135 , 30 . 4 . 2004 , p . 1 .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . oj l 135 , 30 . 4 . 2004 , p . 1 .


### directives 71 / 317 / eec , 71 / 347 / eec , 71 / 349 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec should therefore be repealed . ### directives 71 / 317 / eec , 71 / 347 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec should be repealed only after assessing whether the scope of directive 2004 / 22 / ec should be extended in order to include the measuring instruments covered by the directives to be repealed . the commission should carry out that assessment in parallel with its report on the implementation of directive 2004 / 22 / ec under article 25 thereof .


### competent authorities shall perform official controls on all operators regularly , on a risk basis and with appropriate frequency , taking account of : ### competent authorities shall perform official controls on operators at suitable intervals , in line with the risks that may arise in relation to the area concerned , with appropriate frequency , and taking account of :