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


### where the centre , the commission or the council , acting by a simple majority of member states , consider that the information shared on a new psychoactive substance collected pursuant to article 5a in one or more member states gives rise to concerns that the new psychoactive substance may pose health or social risks at the union level , the centre shall draw up an initial report on the new psychoactive substance . ### where the centre , the commission or the council , acting by a simple majority of member states , consider that the information shared on a new psychoactive substance collected pursuant to article 5a in one or more member states gives rise to concerns that the new psychoactive substance may pose health or social risks , the centre shall draw up an initial report on the new psychoactive substance .


### a first indication of the nature or scale of health and social risks associated with the new psychoactive substance ; ### a first indication of the nature or scale of health and social risks associated with the new psychoactive substance , including contraindications for use with other substances when available ;


### information on the involvement of criminal groups in the manufacture and distribution of the new psychoactive substance ; ### information on the involvement of criminal groups in the development , manufacture and distribution of the new psychoactive substance ;


### the centre shall request europol to provide information on the involvement of criminal groups in the manufacture and distribution of the new psychoactive substance , and in any use of the new psychoactive substance . ### the centre shall request europol to provide information on the involvement of criminal groups in the development , manufacture and distribution of the new psychoactive substance , and in any use of the new psychoactive substance .


### when the centre collects information on several new psychoactive substances with similar chemical structure , it shall submit to the commission and the council individual initial reports or combined reports dealing with several new psychoactive substances , provided that the characteristics of each new psychoactive substance are clearly identified , within six weeks from the launch of the initial report . ### when the centre collects information on several new psychoactive substances that it considers to be of similar chemical structure , it shall submit to the commission and the council individual initial reports or combined reports dealing with several new psychoactive substances , provided that the characteristics of each new psychoactive substance are clearly identified , within six weeks from the launch of the initial report .


### an analysis of the social risks associated with the new psychoactive substance , in particular its impact on social functioning , public order and criminal activities , the involvement of criminal groups in the manufacture and distribution of the new psychoactive substance ; ### an analysis of the social risks associated with the new psychoactive substance , in particular its impact on social functioning , public order and criminal activities , the involvement of criminal groups in the development , manufacture and distribution of the new psychoactive substance ;


### information on the commercial and industrial use of the new psychoactive substance , the extent of such use , as well as its use for scientific research and development purposes . ### information on the commercial and industrial use of the new psychoactive substance , the extent of such use , as well as its use for scientific research and development purposes , including information on the potential for misuse of the substance authorised for legitimate purposes .


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


### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1% of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem . ### road congestion , to which all motor vehicles contribute in different proportions , represents a cost of about 1% of gdp . a significant part of this cost can be attributed to interurban congestion . a specific congestion charge should therefore be allowed , without prejudice to article 9 of directive 1999 / 62 / ec , and on condition that it is applied to all vehicle categories . in order to be effective and proportionate , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location , time and vehicle category . in order to maximise the positive effect of congestion charges , corresponding revenues should be allocated to projects addressing the sources of the problem .


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


### ‘ van’ means a vehicle intended for the carriage of goods , and having a maximum permissible mass not exceeding 3 , 5 tonnes ; ### ‘ van’ means a vehicle having a maximum permissible mass not exceeding 3 , 5 tonnes ;


### tolls and user charges for heavy duty vehicles on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another . ### until 31 december 2025 , tolls and user charges for heavy duty vehicles on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another .


### from 1 january 2021 , member states that levy tolls shall apply an external - cost charge to heavy duty vehicles on at least the part of the network referred to in article 7 where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in annex iiia . ; ### member states that levy tolls may apply a higher external - cost charge to heavy - duty and light - duty vehicles on the part of the network referred to in article 7 where environmental damage generated by heavy duty vehicles and vans intended for the carriage of goods is higher than the average environmental damage generated by heavy duty vehicles and vans intended for the carriage of goods defined in accordance with relevant reporting requirements referred to in annex iiia . ;


### from 1 january 2022 member states shall vary tolls and , in the case of user charges , at least annual charges , according to the co2 and pollutant emissions of vehicles in accordance with the rules set out in annex vii . ### from 1 january 2022 member states shall vary tolls and , in the case of user charges , at least monthly charges , according to the co2 and pollutant emissions of vehicles in accordance with the rules set out in annex vii .


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


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


### the power to adopt delegated acts referred to in article 7g , article 7ga and article 9d shall be conferred on the commission for an indeterminate period of time from [ date of entry into force of this directive ] . ### the power to adopt delegated acts referred to in article 7g , article 7ga and article 9d shall be conferred on the commission for a period of 5 years from [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### this annex sets out the minimum requirements for levying an external - cost charge and , where applicable , for calculating the maximum external - cost charge . ### this annex sets out the minimum requirements for levying a higher external - cost charge compared to the minimum values set out in annex iiib and , where applicable , for calculating the maximum external - cost charge .


### the member state shall specify precisely the part or parts of their road network which are to be subject to an external - cost charge . ### the member state shall specify precisely the part or parts of their road network which are to be subject to a higher external - cost charge compared to the minimum values set out in annex iiib .


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


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


### by limiting the scope of the exception to making for the purpose of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not unreasonably conflict with normal exploitation of the product in the member state where the certificate is in force , nor unreasonably prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties . ### the scope of the exception is limited to making for the purpose of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not unreasonably conflict with normal exploitation of the product in the member state where the certificate is in force , nor unreasonably prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties .


### to this end , this regulation should impose a once - off duty on the person making the product for the exclusive purpose of export , requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the member state where the making is to take place . the information should be provided before the making is intended to start for the first time in that member state . the making and related acts , including those performed in member states other than the one of making in cases where the product is protected by a certificate in those other member states too , should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority of the member state of making . the once - off duty to provide information to the authority should apply in each member state where making is to take place , both as regards the making in that member state , and as regards related acts , whether performed in that or another member state , related to that making . the authority should be required to publish that information , in the interests of transparency and for the purpose of informing the holder of the certificate of the maker’s intention . ### to this end , this regulation should impose a duty on a person making the product for the exclusive purpose of export , requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the member state where the making is to take place and to the certificate - holder at its address for service in the relevant member state . the information should be provided before the making or any related act that is strictly necessary for that making to start at the earliest first time in that member state . the making and related acts , including those performed in member states other than the one of making in cases where the product is protected by a certificate in those other member states too , should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority of the member state of making and to the certificate - holder at its address for service . the duty to provide information to the authority and to the certificate - holder should apply in each member state where making is to take place , both as regards the making in that member state , and as regards related acts , whether performed in that or another member state . the authority should be required to publish that information , in the interests of transparency and for the purpose of informing the holder of the certificate of the maker’s intention .


### executive agencies ### executive and decentralised agencies


### for the good functioning of the internal market , the harmonisation of certain aspects concerning contracts for sales of goods , taking as a base a high level of consumer protection , is necessary . ### for the good functioning of the internal market , the harmonisation of certain aspects concerning contracts for sales of goods , taking as a base a high level of consumer protection , while recognising member states’ competences , is justifiable . keeping in mind the evolving and complex european case law on this subject matter , and in order to provide a greater degree of legal certainty to businesses and consumers alike , member states should be able to maintain or introduce more stringent provisions for the protection of consumers in so far as provided for , or not expressly regulated otherwise in this directive .


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


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


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


### in order to remedy the problems due to the fragmentation of national rules , businesses and consumers should be able to rely on a set of fully harmonised , targeted rules for the sales of goods . uniform rules are necessary in relation to several essential elements of consumer contract law which under the current minimum harmonisation approach led to disparities and trade barriers across the union . therefore , this directive should repeal the minimum harmonisation directive 1999 / 44 / ec and introduce fully harmonised rules on contracts for the sales of goods . ### in order to remedy those problems that are due to the fragmentation of national rules , businesses and consumers should be able to rely on a set of harmonised , targeted rules for the online and other distance sales of goods . this directive should establish a set of clear , common rules that provide for the contractual rights of consumers when buying goods and help to provide a stable trading environment for sellers . those rules should recognise that consumers and sellers are not on an equal footing and that , therefore , the legal framework needs to be just and fair in order to ensure that there is a high level of consumer protection , whilst continuing to recognise the concerns of businesses , including small businesses .


### this directive should not affect contract laws of member states in areas not regulated by this directive . in addition , in certain areas regulated by this directive member states should also be free to lay down rules in relation to those aspects which are not regulated in this directive : this concerns limitation periods for exercising the consumers ' rights and commercial guarantees . finally , in relation to the right of redress of the seller , member states should be free to provide more detailed conditions on the exercise of such right . ### this directive should not affect contract laws of member states in areas not regulated by this directive . in addition , its implementation should under no circumstances constitute grounds for reducing the level of protection afforded to consumers in fields that fall within the scope of union law . furthermore , in certain areas regulated by this directive member states should be free to lay down rules in relation to those aspects which are not regulated in this directive . finally , in relation to the right of redress of the seller , member states should be free to provide more detailed conditions on the exercise of such right .


### in order to balance the requirement of legal certainty with an appropriate flexibility of the legal rules , any reference to what can be expected of or by a person in this directive should be understood as a reference to what can reasonably be expected . the standard of reasonableness should be objectively ascertained , having regard to the nature and purpose of the contract , to the circumstances of the case and to the usages and practices of the parties involved . in particular , the reasonable time for completing a repair or replacement should be objectively ascertained , having regard to the nature of the goods and the lack of conformity . ### in order to balance the requirement of legal certainty with an appropriate flexibility of interpretation of legal rules , any reference to what can be expected of or by a person in this directive should be understood as a reference to what can reasonably be expected . the standard of reasonableness should be objectively ascertained , having regard to the nature and purpose of the contract , to the circumstances of the case and to the usages and practices of the parties to a contract . in particular , the reasonable time for completing a repair or replacement should be objectively ascertained , having regard to the nature of the goods and the lack of conformity .


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


### a large number of consumer goods are intended to be installed before they can be usefully used by the consumer . therefore any lack of conformity resulting from an incorrect installation of the goods should be regarded as a lack of conformity with the contract where the installation was performed by the seller or under the seller ' s control , as well as where the goods were installed by the consumer but the incorrect installation is due to incorrect installation instructions . ### a large number of consumer goods are intended to be installed before they can be used in practice by the consumer . therefore any lack of conformity resulting from an incorrect installation of the goods should be regarded as a lack of conformity with the contract where the installation was performed by the seller or under the seller ' s control , as well as where the goods were installed by the consumer but the incorrect installation is due to incorrect installation instructions .


### conformity should cover material defects as well as legal defects . third party rights and other legal defects might effectively bar the consumer from enjoying the goods in accordance with the contract when the right ' s holder rightfully compels the consumer to stop infringing those rights . therefore the seller should ensure that the goods are free from any right of a third party , which precludes the consumer from enjoying the goods in accordance with the contract . ### conformity should cover material defects as well as legal defects . third party rights and other legal defects should not bar the consumer from enjoying the goods in accordance with the contract . therefore the seller should ensure that the goods are free from any right of a third party , which precludes the consumer from enjoying the goods in accordance with the contract .


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


### enhancing legal certainty for both consumers and sellers requires a clear indication of the time when the conformity of the goods to the contracts should be assessed . in order to ensure coherence between the present directive and directive 2011 / 83 / eu it is appropriate to indicate the time of the passing of risk as the time for assessing the conformity of the goods . however , in cases where the goods need to be installed , that relevant time should be adapted . ### enhancing legal certainty for both consumers and sellers requires a clear indication of the time when the conformity of the goods to the contracts should be assessed , subject to national rules on the commencement of prescription periods in exceptional cases . in order to ensure coherence between the present directive and directive 2011 / 83 / eu it is appropriate in general to indicate the time of the passing of risk as the time for assessing the conformity of the goods . however , in cases where the goods need to be installed , that relevant time should be adapted .


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


### where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time , the consumer should be entitled to a price reduction or to terminate the contract . in particular any repair or replacement needs to be successfully accomplished within this reasonable period . what is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity . if upon the laps of the reasonable period , the seller has failed to successfully remedy the lack of conformity , the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity . ### if , in the case of non - conformity of the goods with the contract , the consumer has opted for a repair or replacement , any repair or replacement needs to be successfully accomplished within a reasonable period . what is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity . if upon the laps of the reasonable period , the seller has failed to successfully remedy the lack of conformity , the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity .


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


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


### in order to ensure transparency , certain transparency requirements for commercial guarantees should be provided . moreover in order to improve legal certainty and to avoid that consumers are misled , this directive should provide that where commercial guarantee conditions contained in advertisements or pre - contractual information are more favourable to the consumer than those included in the guarantee statement the more advantageous conditions should prevail . finally , this directive should provide rules on the content of the guarantee statement and the way it should be made available to consumers . member states should be free to lay down rules on other aspects of commercial guarantees not covered by this directive , provided that those rules do not deprive consumers of the protection afforded to them by the fully harmonised provisions of this directive on commercial guarantees . ### in order to ensure transparency , certain transparency requirements for commercial guarantees should be provided . moreover in order to improve legal certainty and to avoid that consumers are misled , this directive should provide that where commercial guarantee conditions contained in advertisements or pre - contractual information are more favourable to the consumer than those included in the guarantee statement the more advantageous conditions should prevail . finally , this directive should provide rules on the content of the guarantee statement and the way it should be made available to consumers . member states should be free to lay down rules on other aspects of commercial guarantees not covered by this directive , provided that those rules do not deprive consumers of the protection afforded to them by the harmonised provisions of this directive on commercial guarantees . this directive should ensure that consumers continue to enjoy a high degree of consumer protection in accordance with union law with regard to commercial guarantees .


### persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded the right to initiate proceedings , either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings . ### persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded the right to initiate proceedings , either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings . it is also important that member states continue to be mindful of the need for consumers to be informed about , enabled and facilitated to enforce their rights in practice , including through claiming remedies collectively where appropriate .


### since the objectives of this directive , namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law - related obstacles for the online and other distance sales of goods cannot be sufficiently achieved by the member states but can rather be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , namely to improve the conditions for the establishment and the functioning of the internal market , to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders cannot be sufficiently achieved by the member states but can rather be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives .


### ‘ consumer’ means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; where the contract is concluded for a purpose which is partly within and partly outside that natural person ' s trade , business , craft or profession or an equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract , that person shall also be considered to be a consumer ;


### ‘ seller’ means any natural person or any legal person , irrespective of whether privately or publicly owned , who is acting , including through any other person acting in his name or on his behalf , for purposes relating to his trade , business , craft or profession in relation to contracts covered by this directive ; ### ‘ seller’ means any natural person or any legal person , irrespective of whether privately or publicly owned , who is acting , including through any other person acting in his name or on his behalf or as an intermediary for a natural person , for purposes relating to his trade , business , craft or profession in relation to contracts covered by this directive ;


### ‘ producer’ means the manufacturer of goods , the importer of goods into the union or any person purporting to be a producer by placing their name , trade mark or other distinctive sign on the goods ; ### ‘ producer’ , in relation to goods , means the manufacturer of a product , the importer of goods into the union , the producer of any raw material or the manufacturer of a component part , as well as any person purporting to be a producer by placing their name , trade mark or other distinctive sign on the goods ;


### be delivered along with such accessories including packaging , installation instructions or other instructions as the consumer may expect to receive ; and ### be surrendered along with such accessories including packaging , installation instructions or other instructions as the consumer may expect to receive ; and


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


### the decision to buy the goods could not have been influenced by the statement . ### the decision to acquire the goods could not have been influenced by the statement .


### the consumer shall be entitled to a proportionate reduction of the price in accordance with article 12 or to terminate the contract in accordance with article 13 where : ### the consumer shall also be entitled to a proportionate reduction of the price in accordance with article 12 or to terminate the contract in accordance with article 13 where the consumer has opted for repair or replacement , if :


### the consumer shall be entitled to withhold the payment of any outstanding part of the price , until the seller has brought the goods into conformity with the contract . ### the consumer shall be entitled to withhold the payment of any outstanding part of the price , or where the non - conformity is minor , an appropriate proportion of the outstanding amount of the price , until the seller has brought the goods into conformity with the contract .


### the reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract ### the reduction of price shall be appropriate and reasonable , and , where possible , proportionate taking into account the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract .


### the consumer ' s right to terminate the contract ### termination of the contract for lack of conformity


### the consumer shall exercise the right to terminate the contract by notice to the seller given by any means . ### the consumer shall exercise the right to end the contract by an unequivocal statement setting out his or her decision to terminate the contract .


### the consumer shall exercise the right to terminate the contract by notice to the seller given by any means . ### the consumer shall in the event of lack of conformity with the contract exercise the right to terminate the contract by notice to the seller given by any means .


### where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to article 9 , the consumer may terminate the contract only in relation to those goods and any other goods , which the consumer acquired as an accessory to the non - conforming goods . ### where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to article 9 , the consumer may terminate the contract only in relation to those goods and any other goods , which the consumer acquired as an accessory to the non - conforming goods . in the case of sets or suites of goods supplied for a single price , the contract shall always be terminated for the whole set or suite of goods .


### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity . if , under national legislation , the rights laid down in article 9 are subject to a limitation period , that period shall not be shorter than two years from the relevant time for establishing conformity with the contract . ### the consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years from the relevant time for establishing conformity or from the date on which the applicable prescription period starts to run , whichever is the later . after two years from that date , the consumer may still be entitled to a remedy for lack of conformity to the extent that he or she can establish that any fault which develops was inherent in the goods at the time of purchase . if , under national legislation , remedies for the lack of conformity with the contract under this directive are subject to a prescription period , that period shall not be shorter than two years from the relevant time for establishing conformity with the contract .


### enforcement ### enforcement and information


### member states shall ensure that adequate and effective means exist to ensure compliance with this directive . ### member states shall ensure that adequate and effective means exist to ensure compliance with this directive , taking account in particular of the need for consumers to be informed about their rights and enabled and facilitated to enforce&#160 ; those rights in practice . such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate .


### the means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies , as determined by national law , may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are applied : ### the means referred to in paragraph 1 shall include provisions whereby representative bodies , under justified and appropriate criteria as determined by national law , may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are applied . such bodies shall include but shall not be limited to :


### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence capabilities to respond to security challenges , as well as to foster a competitive and innovative european defence industry . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development . ### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing and acquiring defence capabilities to respond to security challenges , &#160 ; to foster a competitive and innovative european defence industry as well as to contribute to the technological and industrial autonomy of the union . it proposed in particular to launch a european defence fund to support investment in joint research and the joint development of defence equipment and technologies . the fund would support cooperation during the whole cycle of defence product and technology development .


### to better exploit economies of scale in the defence industry , the programme should support the cooperation between undertakings in the development of defence products and technologies . ### the programme should not lead to an armament of the european union . to better exploit economies of scale in the defence industry , the programme should support the cooperation between undertakings in the development of defence products and technologies .


### the programme should be implemented in full compliance with regulation no 966 / 2012 of the european parliament and of the council6 . funding may take in particular the form of grants . financial instruments or public procurement may be used where appropriate . _________________ 6 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . ### the programme should be implemented in full compliance with regulation no 966 / 2012 of the european parliament and of the council . funding may take in particular the form of grants and public procurement for the provision of studies . financial instruments could also be used in the future based on the experience of this programme , notably for the post 2020 european defence fund capability window . the commission will start the preparatory work , assessment and relevant proposals as soon as possible .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and european defence technologies .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals or subsidiaries of third country undertakings located in the union where the member states participating in the programme provide that undertaking with security clearances and the subsidiary contributes to the union competitiveness in defence should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing union defence capacity and industrial competitiveness and incorporating eu research and development , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests and coherence with the foreign policy objectives of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall neither be located on the territory of non - member states nor be subject to any form of restriction and control by third - countries .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims , inter alia , at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should allow the maintenance and development of the skills and know - how of the union ' s defence industry and contribute to strengthening its technological and industrial autonomy . it should also take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account .


### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . ### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven , with a view to consolidate the european defence demand . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria .


### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries . ### the commission shall have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually between the commission and the beneficiaries .


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an interim and a final report once the programme has been fully implemented , examining the financial activities in terms of financial implementation , results and impact . these reports should also analyse the development of industrial expertise and defence capacity , as well as coherence with the foreign policy objectives of the eu and its member states and the cross border participation of smes in projects under the programme , as well as the participation of smes to the global value chain .


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to foster the competitiveness and innovation capacity of the defence industry in the european union by supporting actions in the development phase of defence technologies or products ;


### the design of a defence product , tangible or intangible component or technology as well as the technical specifications on which such design has been developed ; ### the design of a defence product or a product supporting the undertakings ' aim to convert from military to civil production , tangible or intangible component or technology as well as the technical specifications on which such design has been developed ;


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### beneficiaries and their subcontractors shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article&#160 ; 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action .


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own at least 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action .


### each applicant shall declare , by written statement , that it is fully aware of and compliant with applicable national and union legislation and regulations relating to activities in the domain of defence . ### each applicant shall declare , by written statement , that it is fully aware of and compliant with applicable national and union legislation and regulations relating to activities in the domain of defence , including the council common position 2008 / 944 / cfsp of 8 december 2008 defining common rules governing control of exports of military technology and equipment , the community regime for the control of exports , transfer , brokering and transit of dual - use items and the relevant national legislation on export controls .


### where the union ' s financial assistance is provided through a grant , the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator , which shall be identified in the grant agreement . the coordinator shall be the principal point of contact between the members of the consortium in relations with the commission or the relevant funding body , unless specified otherwise in the grant agreement or in the event of non - compliance with its obligations under the grant agreement . ### where the union ' s financial assistance is provided through a grant , the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator , which shall be identified in the grant agreement . the coordinator shall be the principal point of contact between the members of the consortium in relations with the commission or the relevant funding body , unless specified otherwise in the grant agreement or in the event of non - compliance with its obligations under the grant agreement . the coordinator shall regularly report back to the eu institutions regarding the status of funded actions .


### the financial assistance of the union provided under the programme may not exceed 20% of the total cost of the action where it relates to prototyping . in all the other cases , the assistance may cover up to the total cost of the action . ### the financial assistance of the union provided under the programme may not exceed20% of the eligible cost of the action where it relates to actions as defined in article 6 . in all the other cases , the assistance may cover up to the total cost of the action .


### the financial assistance of the union provided under the programme may not exceed 20% of the total cost of the action where it relates to prototyping . in all the other cases , the assistance may cover up to the total cost of the action . ### the financial assistance of the union provided under the programme may not exceed 20% of the total cost of the action where it relates to prototyping . in all the other cases , the assistance may cover up to 50% of the total cost of the action .


### the commission shall not own the products or technologies resulting from the action nor shall it have any ipr claim pertaining to the action . ### the union institutions , bodies , offices or agencies enjoy , for the duly justified purpose of developing , implementing and monitoring union policies or programmes , access rights solely to the results of a beneficiary that has received union funding . such access rights are limited to non - commercial and non - competitive use . such access is to be granted on a royalty - free basis . with regard to results which are generated by beneficiaries that have received funding under the programme , the agreement between the commission and the beneficiary shall provide that the commission may object to transfers of ownership or to grants of a license to third parties established in a third country not associated with the programme , if it considers that the grant or transfer is inconsistent with ethical principles of the eu common position on arms exports or security considerations . where appropriate , the agreement between the commission and the beneficiary will provide that the commission is to be notified at least six months in advance of any such transfer of ownership or grant of a license . non - compliance with these provisions will be subject to measures stipulated in regulation no 966 / 2012 and regulation no 1268 / 2012 .


### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . ### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . where the committee delivers no opinion , the commission shall not adopt the draft implementing act and the third subparagraph of article 5 of regulation no 182 / 2011 shall apply .


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### the commission shall draw up an annual monitoring report examining the efficiency and effectiveness of supported actions in terms of financial implementation , results , costs and , where possible , impact . to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up an annual evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain .


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission and the high representative shall draw up an interim and a final evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain .


### to support greater efficiency and effectiveness of future union policy actions , the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation of smes in projects implemented under the programme as well as the participation of smes to the global value chain . ### to support greater efficiency and effectiveness of future union policy actions , the commission and the high representative of the union for foreign affairs and security policy / vice - president of the commission shall draw up a retrospective evaluation report and send it to the european parliament and to the council . the report - building on relevant consultations of member states and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in article 2 . it shall also analyse cross border participation , including that of smies , in projects implemented under the programme as well as the participation of smies to the value chains of defence technologies or products . the commission shall provide an interim progress report by the end of the first year of the programme .


### this regulation should only harmonise the format and technical specifications of a european travel document for return and should not harmonise rules on the issuing of such document . ### this regulation should only harmonise the format , and security and technical specifications of a european travel document for return , in particular as regards safeguards against counterfeiting and falsification , and should neither specify the legal requirements of harmonising rules on the issuing of such document nor the merits of such harmonisation .


### the content and technical specifications of the european travel document for return should be harmonised in order to ensure high technical and security standards , in particular as regards safeguards against counterfeiting and falsification . the document should bear recognisable harmonised security features . high technical and security standards already exist and are set according to article 2 of council regulation no 333 / 200211 , which should therefore be applied to the european travel document for return . _________________ 11 council regulation no 333 / 2002 of 18 february 2002 on a uniform format for forms for affixing the visa issued by member states to persons holding travel documents not recognised by the member state drawing up the form . ### the content and technical specifications of the european travel document for return should be harmonised in order to ensure high technical and security standards , in particular as regards safeguards against counterfeiting and falsification . the document should bear recognisable harmonised security features . requirements which conform to high technical and security standards already exist and are set according to article 2 of council regulation no 333 / 200211 , and these should therefore be applied to the european travel document for return . _________________ 11 council regulation no 333 / 2002 of 18 february 2002 on a uniform format for forms for affixing the visa issued by member states to persons holding travel documents not recognised by the member state drawing up the form .


### with regard to the processing of personal data within the framework of this regulation , competent authorities shall carry out their tasks for the purposes of this regulation in accordance with the national laws , regulations or administrative provisions transposing directive 95 / 46 / ec12 . _________________ 12 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### with regard to the processing of personal data within the framework of this regulation , competent authorities shall carry out their tasks for the purposes of this regulation in accordance with regulation 2016 / . . . of the european parliament and of the council1a and the national laws , regulations or administrative transposing directive 2016 / . . . 1b . _________________ 1a regulation 2016 / . . . of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 1b directive 2016 / … of the european parliament and of the council on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the free movement of such data and repealing council framework decision 2008 / 977 / jha .


### this regulation establishes the format and the technical specifications of a european travel document for the return of third - country nationals . ### this regulation establishes the format , and the technical and security specifications of a harmonised european travel document for the safe return of third - country nationals .


### the document shall be valid for a single journey to the third country of return . ### the document shall be valid until the returnee arrives at the third country of return .


### the commission shall be empowered to adopt delegated acts in accordance with article 6 in order to amend the format of the european travel document for return . ### the commission shall be empowered to adopt delegated acts in accordance with article 6 in order to amend non - essential elements found in article 3 of the format of the european travel document for return .


### the security features and technical specifications of the european travel document for return shall be those set in application of article 2 of council regulation no 333 / 2002 . ### the security features and technical specifications of the european travel document for return shall updated those already set in application of article 2 of council regulation no 333 / 2002 in order to include digital elements which can ensure the security and safety of the document issued .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union , and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union , by facilitating increased access to financing with the aim of stimulating sustainable economic growth . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target environmentally sound and socially acceptable projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , environmental and economic benefits . in particular , the efsi should target projects that promote job creation , long - term and sustainable growth , the efficient use of energy and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment and the involvement of local communities in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures without loading additional administrative burdens on the applicants so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal , environmental and economic benefits . in particular , the efsi should target projects that promote job creation , long - term and sustainable growth , the efficient use of energy and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such an effective and strategic use .


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be economically and technically viable and sufficiently mature to be considered an option , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing , namely , creating quality jobs , encouraging the transition to a low - carbon economy and promoting social and territorial cohesion within the union .


### eib financing and investment operations supported by the efsi should be managed in accordance with the eib’s own rules and procedures , appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the european anti - fraud office and the court of auditors , including the tripartite agreement between the european commission , the european court of auditors and the european investment bank . ### eib financing and investment operations supported by the efsi should be managed in accordance with the eib’s own rules and procedures and , as regards its horizontal and sectorial policies , including appropriate control measures and measures taken to avoid tax evasion , as well as with the relevant rules and procedures concerning the european anti - fraud office and the court of auditors , including the tripartite agreement between the european commission , the european court of auditors and the european investment bank .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant market experience in project structuring and project financing , as well as macroeconomic expertise . the investment committee shall have a pluridisciplinary composition encompassing a broad range of expertise in various sectors , such as environment , research and development , transport and smes . it shall be appointed by the steering board for a renewable fixed term of three years . when appointing the committee , the steering board shall take into account the gender balance of the members .


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations , focused at fostering the transition towards a smart , sustainable and decarbonized economy and at speeding up the transition towards a digital economy , based on the smart use of new available technologies approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives :


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies , and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies , be in line with the sustainable development objectives of the lisbon treaty and with the union ' s energy and climate goals , and shall support any of the following general objectives :


### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which significantly contribute to achieving eu policy objectives . ### the commission and the eib shall develop , update and disseminate , on a regular and structured basis , information on current and future investments which significantly contribute to achieving eu policy objectives . the commission and the eib shall ensure that the various union policy objectives set out in article 5 , are equally and effectively pursued in terms of selected projects and investments .


### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy . ### the public sector in the member states collects , produces , reproduces and disseminates a wide range of information in many areas of activity , such as social , economic , geographical , weather , tourist , transport , business , patent and educational information . documents produced by public sector bodies of executive , legislative or judicial nature constitute a vast , diverse and valuable pool of resources that can benefit the knowledge economy .