### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , given that cyber incidents undermine trust in digital service providers and in the digital single market itself , especially among consumers , trust should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . alongside union - wide certification , there are a range of voluntary measures that the private sector itself should take to bolster trust in the security of ict products and services , in particular in view of the growing availability of iot devices . for example , more effective use should be made of encryption and other technologies such as blockchain , in order to improve the security of end - users’ data and communications and the overall security of network and information systems in the union .


### the agency shall undertake the tasks assigned to it by this regulation for the purpose of contributing to a high level of cybersecurity within the union . ### the agency shall undertake the tasks assigned to it by this regulation for the purpose of contributing to achieving a high common level of cybersecurity within the union , to reduce fragmentation in the internal market and improve its functioning .


### assurance level substantial shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to decrease substantially the risk of cybersecurity incidents ; ### assurance level “substantially secure” shall be related to a higher risk of an ict product and service . a higher level of risk exists when an attack on the ict product and service compromises the confidentiality , integrity , availability , privacy or other important objectives , and has implications to the health of users or third parties , the environment , other important legal interests or critical infrastructure and its supporting systems or products .


### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency . ### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . in order to ensure proper involvement of stakeholders in the cybersecurity certification framework , the permanent stakeholders’ group should also give advice on which ict products and services to cover in future european cybersecurity certification schemes , and should make proposals to the commission to request the agency to prepare candidate schemes on such ict products and services . the composition of the permanent stakeholders’ group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency .


### a european cybersecurity certification scheme may specify one or more of the following assurance levels : basic , substantial and / or high , for ict products and services issued under that scheme . ### each european cybersecurity certification scheme may specify one or more of the following assurance levels - &#8220 ; functionally secure&#8221 ; , &#8220 ; substantially secure&#8221 ; and / or &#8220 ; highly secure&#8221 ; - for ict products and services issued under that scheme , taking into account , inter alia , their intended use .


### conditions for granting , maintaining , continuing , extending and reducing the scope of certification ; ### conditions for granting , maintaining , continuing , renewing , extending and reducing the scope of certification ;


### following a request from the commission , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states or the european cybersecurity certification group established under article 53 may propose the preparation of a candidate european cybersecurity certification scheme to the commission . ### following a request from the commission , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states , the european cybersecurity certification group established under article 53 or the permanent stakeholders ' group may propose the preparation of a candidate european cybersecurity certification scheme to the commission .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders , including the relevant civil society representatives such as consumer organisations , and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary .


### the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the commission , based on the candidate scheme proposed by enisa , should then be empowered to adopt the european cybersecurity certification scheme by means of implementing acts . taking account of the general purpose and security objectives identified in this regulation , european cybersecurity certification schemes adopted by the commission should specify a minimum set of elements concerning the subject - matter , the scope and functioning of the individual scheme . these should include among others the scope and object of the cybersecurity certification , including the categories of ict products and services covered , the detailed specification of the cybersecurity requirements , for example by reference to standards or technical specifications , the specific evaluation criteria and evaluation methods , as well as the intended level of assurance : basic , substantial and / or high . ### the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of establishing european cybersecurity certification schemes for ict products and services . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . when adopting those delegated acts , the commission should base the cybersecurity certification schemes for ict products and services on any relevant candidate schemes proposed by enisa .


### the commission , based on the candidate scheme proposed by enisa , may adopt implementing acts , in accordance with article 55 , providing for european cybersecurity certification schemes for ict products and services meeting the requirements of articles 45 , 46 and 47 of this regulation . ### the commission is empowered to adopt delegated acts , in accordance with article 55a , concerning the establishment of european cybersecurity certification schemes for ict products and services meeting the requirements of articles 45 , 46 and 47 of this regulation . when adopting those delegated acts , the commission shall base the cybersecurity certification schemes for ict products and services on any relevant candidate scheme proposed by enisa .


### assurance level substantial shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to decrease substantially the risk of cybersecurity incidents ; ### assurance level “substantially secure” shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to decrease substantially the risk of cybersecurity incidents ;


### it is necessary to require all member states to designate one cybersecurity certification supervisory authority to supervise compliance of conformity assessment bodies and of certificates issued by conformity assessment bodies established in their territory with the requirements of this regulation and of the relevant cybersecurity certification schemes . national certification supervisory authorities should handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories , investigate to the extent appropriate the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable time period . moreover , they should cooperate with other national certification supervisory authorities or other public authority , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific cybersecurity schemes . ### it is necessary to require all member states to designate one cybersecurity certification supervisory authority to supervise compliance of conformity assessment bodies and of certificates issued by conformity assessment bodies established in their territory with the requirements of this regulation and of the relevant cybersecurity certification schemes . national certification supervisory authorities should handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories , investigate to the extent appropriate the subject - matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable time period . moreover , they should cooperate with other national certification supervisory authorities or other public authority , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific cybersecurity schemes . effective cooperation among the national certification supervisory authorities is essential for the proper implementation of european cybersecurity certification schemes and of technical issues concerning the cybersecurity of ict products and services . the commission should facilitate that exchange of information by making available a general electronic information support system , for example the information and communication system on market surveillance and the rapid alert system for dangerous non - food products already used by market surveillance authorities pursuant to regulation no 765 / 2008 .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult the permanent stakeholders’ group , in particular the european standardisation organisations , and all other relevant stakeholders and closely cooperate with the group . . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . where relevant , enisa may also set up a stakeholder expert group , composed of members of the permanent stakeholders’ group and any other relevant stakeholders with specific expertise in the field of a given candidate scheme , in order to provide further assistance and advice .


### ensure that ict products and services are provided with up to date software that does not contain known vulnerabilities , and are provided mechanisms for secure software updates . ### ensure that ict products and services are provided with up - to - date software and hardware , that does not contain known vulnerabilities , and are provided with mechanisms for secure software and hardware updates , including automatic security updates ;


### the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the commission , based on the candidate scheme proposed by enisa , should then be empowered to adopt the european cybersecurity certification scheme by means of implementing acts . taking account of the general purpose and security objectives identified in this regulation , european cybersecurity certification schemes adopted by the commission should specify a minimum set of elements concerning the subject - matter , the scope and functioning of the individual scheme . these should include among others the scope and object of the cybersecurity certification , including the categories of ict products and services covered , the detailed specification of the cybersecurity requirements , for example by reference to standards or technical specifications , the specific evaluation criteria and evaluation methods , as well as the intended level of assurance : basic , substantial and / or high . ### the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the commission , based on the candidate scheme proposed by enisa , should then be empowered to adopt the european cybersecurity certification scheme by means of implementing acts . in order to underpin trust and predictability in , and raise public awareness of , the cybersecurity certification framework , enisa should maintain a dedicated website with an easy - to - use online tool listing information on adopted schemes , candidate schemes , and schemes requested by the commission . taking account of the general purpose and security objectives identified in this regulation , european cybersecurity certification schemes adopted by the commission should specify a minimum set of elements concerning the subject - matter , the scope and functioning of the individual scheme . these should include among others the scope and object of the cybersecurity certification , including the categories of ict products and services covered , the detailed specification of the cybersecurity requirements , for example by reference to standards or technical specifications , the specific evaluation criteria and evaluation methods associated with the operation and use of an ict product , process or service , as well as the intended level of assurance : secure , substantially secure , highly secure , or any combination thereof . one valuable element that should be included in certification schemes is the use of marks or labels to indicate a certain level of cybersecurity assurance , especially for ict products and services intended for end - users . such marks or labels would help to raise awareness of cybersecurity issues among consumers and empower them to make informed choices by providing them with clear and understandable information about ict products and services , including in relation to software updates , and give companies with good cybersecurity credentials a competitive edge . such a label could be in the form of a digital logo or qr code , and would provide cybersecurity ratings or indicate the risks associated with the operation and use of an iot device , on the basis of the requirements set out in the nis directive . in order to promote the use of marks or labels , the commission should propose the introduction of a union trust label for ict products and services intended for end - users .


### where surveillance is part of the scheme , the rules for monitoring compliance with the requirements of the certificates , including mechanisms to demonstrate the continued compliance with the specified cybersecurity requirements ; ### the rules for monitoring compliance with the requirements of the certificates , including mechanisms to demonstrate the continued compliance with the specified cybersecurity requirements ;


### assurance level high shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service than certificates with the assurance level substantial , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to prevent cybersecurity incidents . ### assurance level “highly secure” shall be related to a high risk of an ict product and service . a high level of risk exists when an attack on an ict product and service compromises the confidentiality , integrity , availability , privacy or other important objectives and reasonably endangers the national sovereignty or public security of states .


### monitor and supervise the activities of conformity assessment bodies for the purpose of this regulation , including in relation to the notification of conformity assessment bodies and the related tasks set out in article 52 of this regulation ; ### monitor , supervise and , at least every two years , assess the activities of conformity assessment bodies for the purpose of this regulation , including in relation to the notification of conformity assessment bodies and the related tasks set out in article 52 of this regulation ;


### a european cybersecurity certification scheme shall include the following elements : ### each european cybersecurity certification scheme shall include at least the following elements :


### enisa shall maintain a dedicated website providing information on , and publicity of , european cybersecurity certification schemes . ### enisa shall maintain a dedicated website providing information on , and publicity of , european cybersecurity certification schemes , including information on all candidate schemes that the commission has requested enisa to prepare .


### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist . ### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . the commission shall monitor compliance with this subparagraph , in order to avoid the existence of concurrent schemes . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist .


### a european cybersecurity certification scheme shall be so designed to take into account , as applicable , the following security objectives : ### each european cybersecurity certification scheme shall be so designed to take into account at least the following security objectives :


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , given that cyber incidents undermine trust in digital service providers and in the digital single market itself , especially among consumers , trust should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . alongside union - wide certification , there are a range of voluntary measures that the private sector itself should take to bolster trust in the security of ict products and services , in particular in view of the growing availability of iot devices . for example , more effective use should be made of encryption and other technologies such as blockchain , in order to improve the security of end - users’ data and communications and the overall security of network and information systems in the union .


### assurance level high shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service than certificates with the assurance level substantial , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to prevent cybersecurity incidents . ### assurance level high shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service than certificates with the assurance level substantial , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to prevent cybersecurity incidents . this assurance level must not suggest absolute security , so as not to mislead the end - user .


### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency . ### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . in order to ensure proper involvement of stakeholders in the cybersecurity certification framework , the permanent stakeholders’ group should also give advice on which ict products and services to cover in future european cybersecurity certification schemes , and should make proposals to the commission to request the agency to prepare candidate schemes on such ict products and services . the composition of the permanent stakeholders’ group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency .


### where the scheme provides for marks or labels , the conditions under which such marks or labels may be used ; ### where the scheme provides for marks or labels , such as an eu trust label , the conditions under which such marks or labels may be used . all schemes covering ict products or services intended for end - users shall provide for marks or labels ;


### facilitate the establishment and take - up of european and international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states ' national standards , pursuant to article 19 of directive 2016 / 1148 ; ### consult the european standardisation organisations on the development of european standards , to ensure the appropriateness of standards used in approved certification schemes and facilitate the establishment and take - up of european and international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states ' national standards , pursuant to article 19 of directive 2016 / 1148 ;


### where financial instruments are implemented under shared implementation with member states , sector specific rules apply , without prejudice to subparagraph 2 of article 208 . ### where esi funds financial instruments are implemented sector specific rules apply .


### –carries out its development activities in regions , policy areas and sectors for which access to funding from market sources is not generally available or sufficient ; ### –carries out its economic development activities contributing to the objectives of the esi funds in regions , policy areas and sectors for which access to funding from market sources is not generally available or sufficient ;


### “when implementing the financial instrument , the bodies referred to in points to of the first subparagraph shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria , as set out in eu legislation including commission recommendations and communications or or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ” ### “when implementing the financial instrument , the bodies referred to in points to of the first subparagraph shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria , as set out in eu legislation . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ”


### –operates on a non - profit maximisation basis in order to ensure a long - term financial sustainability ; ### –its remit is aimed overcoming market failures while pursuing a fair rate return on assets ;


### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements .


### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 5 of this article shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in practices not complying with eu tax good governance principles , as set out in the union legislation . in this context , the bodies implementing financial instruments shall take the utmost account of the policies of the union . they shall not be established and , in relation to the implementation of the financial instruments shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial instruments . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial instruments under such agreements .


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase or retrofitting of road transport vehicles used in public services by :


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by xxxx [ please insert the date 24 months following the date of entry into force ] at the latest . they shall immediately communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by xxxx [ please insert the date 18 months following the date of entry into force ] at the latest . they shall immediately communicate to the commission the text of those provisions .


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent , hire - purchase or retrofitting to clean or zero - emission vehicle standard of road transport vehicles used in public services , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 of the annex . an increase in the number of urban rail vehicles , such as trams and metro trains , in public networks may also be counted towards the achievement of the minimum procurement targets for buses set out in table 5 in the annex .


### light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . the impact assessment illustrated the added value of adopting an approach based on alternative fuels until technology - neutral requirements for co2 emissions from heavy - duty vehicles have been set at union level , which the commission intends to propose in the future . the impact assessment further recognised that markets for low - and zero - emission urban buses are characterised by increased market maturity , whereas markets for low - and zero - emission trucks are at an earlier stage of market development . ### two - and three - wheel , light - duty and heavy - duty vehicles are used for different purposes and have different levels of market maturity , and it would be beneficial that public procurement provisions acknowledge these differences . the impact assessment illustrated the added value of adopting an approach based on alternative fuels until technology - neutral requirements for co2 emissions from heavy - duty vehicles have been set at union level , which the commission intends to propose in the future . the impact assessment further recognised that markets for low - and zero - emission urban buses are characterised by increased market maturity , whereas markets for low - and zero - emission trucks are at an earlier stage of market development .


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to new contracts for the purchase , lease , rent or hire - purchase and retrofitting of road transport vehicles used in public services that are concluded after this directive enters into force by :


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase or retrofitting to clean or zero - emission vehicle standard of road transport vehicles used in public services , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . an increase in the number of urban rail vehicles , such as trams and metro trains , in public networks may also be counted towards the achievement of the minimum procurement targets for buses set out in table 5 in the annex .


### public authorities , through their procurement policy , can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 - 242 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 – 374 . ### government expenditure on works , goods and services represents around 14 % of the eu gdp , accounting for roughly €1 . 8 trillion annually . public authorities , through their procurement policy , can establish and support markets for innovative goods and services . directives 2014 / 24 / eu24 and 2014 / 25 / eu25 set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods , works and services . in particular , they set overall thresholds for the volume of contracts to be subject to union legislation , which also apply to the clean vehicles directive . _________________ 24 oj l 94 , 28 . 3 . 2014 , p . 65 - 242 . 25 oj l 94 , 28 . 3 . 2014 , p . 243 – 374 .


### setting minimum targets for clean vehicle procurement by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union . ### setting minimum targets for clean vehicle procurement to be met by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union .


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . those targets are expressed as minimum percentages of clean vehicles in the total number of road transport vehicles covered by the contracts referred to in article 3 , signed after the date of application of this directive .


### this directive shall apply to contracts for the purchase , lease , rent or hire - purchase of road transport vehicles by : ### this directive shall apply to new contracts concluded from 1 january 2025 for the purchase , lease , rent or hire - purchase or retrofitting of road transport vehicles used in public services by :


### directive 2009 / 33 / eu on the promotion of clean road transport vehicles in support of low - emission mobility ### directive 2009 / 33 / eu on the promotion of clean road transport vehicles used in public services in support of low - emission mobility


### member states shall ensure that purchase , lease , rent or hire - purchase of road transport vehicles , and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . ### member states shall ensure that purchase , lease , rent or hire - purchase or retrofitting to clean or zero - emission vehicle standard of road transport vehicles and public service contracts on public passenger transport by road and rail and public service contracts as referred to in article 3 of this directive comply with the minimum procurement targets for light - duty vehicles referred to in table 4 of the annex and for heavy - duty vehicles referred to in table 5 in the annex . an increase in the number of underground lines , trams and suburban rail lines can also be counted towards achieving the quota in table&#160 ; 5 of annex&#160 ; 1 .


### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final . ### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union’s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including measures that support a modal shift towards public transport , and the use of public procurement of clean vehicles . _________________ 21 com 501 final .


### the impact assessment carried out underlines the benefits of changing the overall governance approach to clean vehicle procurement at union level . setting minimum procurement targets can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions , while noting the relevance to consider environmental aspects in all procurement decisions . the medium and long - term benefits for european citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities , entities and operators . ### the impact assessment carried out underlines the benefits of changing the overall governance approach to clean and energy - efficient vehicle procurement at union level . setting minimum procurement targets can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions , while noting the relevance to consider environmental aspects in all procurement decisions . the medium and long - term benefits for european citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities , entities and operators .


### innovation of new technologies helps to lower vehicle emissions , supporting the decarbonisation of the transport sector . an increased uptake of low - and zero - emission road vehicles is likely to reduce emissions of co2 and certain pollutant emissions and to promote competitiveness and growth of the european industry in the increasing global markets for low - and zero - emission vehicles . ### innovation of new technologies helps to lower vehicle emissions , and reducing noise pollution while supporting the decarbonisation of the transport sector . an increased uptake of low - and zero - emission road vehicles will reduce emissions of co2 and certain pollutant emissions and thus improve the air quality in cities and other polluted areas , while contributing to competitiveness and growth of the european industry in the increasing global markets for low - and zero - emission vehicles and ensuring the development of alternative fuel infrastructures . moreover , the principle of technological neutrality has to be the very basic principle of any effort in order to ensure and stimulate a competitive environment and encourage further research and innovation in this field . in order to reduce air and noise pollution and meet the eu air quality standards in urban and rural areas , concrete and ambitious policies and measures , including the use of public procurement of clean mission vehicles , are needed .


### the term ' de - alcoholised ' may be used together with the name of the grapevine products referred to in points 1 and 4 to 9 , where the product : ### ' de - alcoholised wine ' or ' de - alcoholised ' means the product which :


### the term ' partially de - alcoholised ' may be used together with the name of the grapevine products referred to in points 1 and 4 to 9 , where the product : ### ' partially de - alcoholised wine ' or ' partially de - alcoholised ' means the product which :


### is obtained from wine as defined in point 1 , sparkling wine as defined in point 4 , quality sparkling wine as defined in point 5 , quality aromatic sparkling wine as defined in point 6 , aerated sparkling wine as defined in point 7 , semi - sparkling wine as defined in point 8 , or from aerated semi - sparkling wine as defined in point 9 ; ### is not protected by a geographical indication and is obtained from wine , new wine still in fermentation , liqueur wine , sparkling wine , quality sparkling wine , quality aromatic sparkling wine , aerated sparkling wine , semi - sparkling wine , aerated semi - sparkling wine , wine from raisined grapes , or from wine of overripe grapes ;


### this directive shall not prevent member states from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level . ### this directive aims at minimum harmonisation and shall therefore not prevent member states from adopting or maintaining in force provisions designed to ensure a higher level of consumer protection and to grant qualified entities or any other persons concerned other , procedural means to bring actions aimed at the protection of the collective interests of consumers at national level than those provided for in the directive .


### member states shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case . ### member states shall ensure that courts and administrative authorities assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case .


### this directive shall apply to representative actions brought against infringements by traders of provisions of the union law listed in annex i that harm or may harm the collective interests of consumers . it shall apply to domestic and cross - border infringements , including where those infringements have ceased before the representative action has started or before the representative action has been concluded . ### this directive shall apply to representative actions brought against infringements by traders of provisions of the union law , including but not limited to those&#160 ; listed in annex i that harm or may harm the collective interests of consumers in the fields of data protection , financial services , travel and tourism , energy , telecommunications , equality and non - discrimination , environment or any other relevant area . it shall apply to domestic and cross - border infringements , including where those infringements have ceased before the representative action has started or before the representative action has been concluded .


### member states shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement . these measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of union law listed in annex i harming collective interests of consumers , including a final injunction order referred to in paragraph . ### member states shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement .


### member states shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under union law that are claimed to have been violated in respect of which the action is brought . ### member states shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a sufficient interest in the issue to which the alleged breach of&#160 ; union law relates .


### it is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the single market . to prevent the misuse of representative actions , elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers should be avoided and clear rules on various procedural aspects , such as the designation of qualified entities , the origin of their funds and nature of the information required to support the representative action , should be laid down . this directive should not affect national rules concerning the allocation of procedural costs . ### it is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the single market . to prevent the misuse of representative actions , elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers or citizens should be avoided and clear rules on various procedural aspects , such as the designation of qualified entities , the origin of their funds and nature of the information required to support the representative action , should be laid down . the unsuccessful party should bear the costs of the proceedings . however , the court or tribunal should not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim . this directive should not affect otherwise national rules concerning the allocation of procedural costs .


### member states shall ensure that in particular consumer organisations and independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities consumer organisations that represent members from more than one member state . ### member states shall ensure that in particular consumer organisations , as well as independent public bodies and those with specific relevant legal responsibilities are eligible for the status of qualified entity . member states may designate as qualified entities consumer organisations that represent members from more than one member state .


### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued . ### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , removal , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state shall require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued .


### a representative action should offer an effective and efficient way of protecting the collective interests of consumers . it should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of union law and to overcome the obstacles faced by consumers within individual actions , such as the uncertainty about their rights and available procedural mechanisms , psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action . ### a representative action should offer an effective and efficient way of protecting the collective interests of consumers or citizens . it should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of union law and to overcome the obstacles faced by consumers or citizens within individual actions , such as the uncertainty about their rights and available procedural mechanisms , psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action .


### actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers under this directive should not be hindered by national rules on limitation periods . the submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this action . ### actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers or citizens under this directive should not be hindered by national rules on limitation periods . the submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this action .


### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice . a competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned , including individual consumers . individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement . ### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers or citizens affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice . a competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned , including individual consumers . individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement .


### this directive should not establish rules of private international law regarding jurisdiction , the recognition and enforcement of judgments or applicable law . the existing union law instruments apply to the representative actions set out by this directive . ### this directive should not establish rules of private international law regarding jurisdiction , the recognition and enforcement of judgments or applicable law . the existing union law instruments apply to the representative actions set out by this directive preventing any increase in forum shopping .


### having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers , member states should ensure that qualified entities are not prevented from bringing representative actions under this directive because of the costs involved with the procedures . ### having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers or citizens , member states should ensure that qualified entities are not prevented from bringing representative actions under this directive because of the costs involved with the procedures .


### member states shall take the measures necessary to ensure that any qualified entity designated in advance in one member state in accordance with article 4 may apply to the courts or administrative authorities of another member state upon the presentation of the publicly available list referred to in that article . the courts or administrative authorities shall accept this list as proof of the legal standing of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case . ### member states shall take the measures necessary to ensure that any qualified entity designated in advance in one member state in accordance with article 4 or ad hoc in accordance with article 4 may apply to the courts or administrative authorities of another member state upon the presentation of ad hoc designation in accordance with article 4 or the publicly available list referred to in article 4 . the courts or administrative authorities shall accept this list or other applicable evidence&#160 ; as proof of the legal standing of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case .


### member states shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in articles 5 and 6 , such as limiting applicable court or administrative fees , granting them access to legal aid where necessary , or by providing them with public funding for this purpose . ### member states shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in articles 5 and 6 , in particular limiting applicable court or administrative fees , granting them access to legal aid where necessary , or by providing them with public funding for this purpose .


### directive 2009 / 22 / ec of the european parliament and of the council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of consumer law . to improve the deterrence of unlawful practices and to reduce consumer detriment , it is necessary to strengthen the mechanism for protection of collective interests of consumers . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec . _________________ 29 oj l 110 / 30 , 1 . 5 . 2009 . ### directive 2009 / 22 / ec of the european parliament and of the council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of consumer law . to improve the deterrence of unlawful practices , to encourage good and responsible business practices , and to reduce consumer detriment , it is necessary to strengthen the mechanism for protection of collective interests of consumers . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec . _________________ 29 oj l 110 / 30 , 1 . 5 . 2009 .


### the purpose of this directive is to enable qualified entities , which represent the collective interest of consumers , to seek remedy through representative actions against infringements of provisions of union law . the qualified entities should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress , such as compensation , repair or price reduction as available under national laws . ### the purpose of this directive is to enable qualified entities , which represent the collective interest of consumers , to seek remedy through representative actions against infringements of provisions of union law . the qualified entities should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress , such as compensation , repair , replacement , removal or price reduction , contract termination or reimbursement of the price paid as available under national laws .


### this directive does not replace existing national collective redress mechanisms . taking into account their legal traditions , it leaves it to the discretion of the member states whether to design the representative action set out by this directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms , insofar as the national mechanism complies with the modalities set by this directive . ### this directive aims at a minimum harmonisation and does not replace existing national collective redress mechanisms . taking into account their legal traditions , it leaves it to the discretion of the member states whether to design the representative action set out by this directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms , insofar as the national mechanism complies with the modalities set by this directive .


### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail . ### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail . this may include a guarantee or indemnity from a third party subject also to the provisions of paragraphs 2 and 3 of this article .


### directive 2009 / 22 / ec of the european parliament and of the council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of consumer law . to improve the deterrence of unlawful practices and to reduce consumer detriment , it is necessary to strengthen the mechanism for protection of collective interests of consumers . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec . ### directive 2009 / 22 / ec of the european parliament and of the council enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of union law harmful to the collective interests of consumers . however , that directive did not sufficiently address the challenges for the enforcement of union law . to improve the deterrence of unlawful practices and to reduce consumer or citizen detriment , it is necessary to strengthen the mechanism for protection of collective interests of consumers or citizens . given the numerous changes , for the sake of clarity it is appropriate to replace directive 2009 / 22 / ec .


### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , energy , telecommunications and environment . it should cover infringements of provisions of union law which protect the interests of consumers , regardless of whether they are referred to as consumers or as travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests of consumers is adopted , whether to amend the annex to the present directive in order to place it under its scope . ### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , energy , telecommunications , competition and environment . therefore , member states should ensure that organisations representing all these subject areas can be designated as qualified entities . the directive should cover infringements of provisions of union law which protect the interests of consumers and citizens , regardless of whether they are referred to as consumers or citizens as travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests of consumers is adopted , whether to amend the annex to the present directive in order to place it under its scope .


### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers , while ensuring appropriate safeguards to avoid abusive litigation . ### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers or citizens , while ensuring appropriate safeguards to avoid abusive litigation .


### any out - of - court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness , taking into consideration the interests and rights of all parties concerned . individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement . ### any out - of - court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness , taking into consideration the interests and rights of all parties concerned . individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement .


### member states shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case . ### member states shall ensure that courts and administrative authorities assess the absence of conflict of interest and the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case .


### collective out - of - court settlements aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action . ### collective out - of - court settlements aimed at providing redress to harmed consumers or citizens should be encouraged both before the representative action is brought and at any stage of the representative action . this possibility should under no circumstances jeopardize the right to access to justice .


### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order obligating the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws . ### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order obligating the trader to provide for , inter alia , compensation , repair , replacement , removal , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws .


### the information referred to in paragraph 1 shall include in intelligible language an explanation of the subject - matter of the representative action , its legal consequences and , if relevant , the subsequent steps to be taken by the consumers concerned . ### the information referred to in paragraph 1 shall include in intelligible language an explanation of the subject - matter of the representative action , its legal consequences and , if relevant , the subsequent steps to be taken by the consumers or citizens concerned . the information note , as well as the time frame to inform , has to be approved by the judge or by the authority overseeing the case .


### as only qualified entities can bring the representative actions , to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this directive . in particular , they would need to be properly constituted according to the law of a member state , which could include for example requirements regarding the number of members , the degree of permanence , or transparency requirements on relevant aspects of their structure such as their constitutive statutes , management structure , objectives and working methods . they should also be not for profit and have a legitimate interest in ensuring compliance with the relevant union law . these criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action . ### as only qualified entities can bring the representative actions , to ensure that the collective interests of consumers or citizens are adequately represented the qualified entities should comply with the criteria established by this directive . in particular , they would need to be properly constituted according to the law of a member state , which could include for example requirements regarding the number of members , the degree of permanence , or transparency requirements on relevant aspects of their structure such as their constitutive statutes , management structure , objectives and working methods . they should also be not for profit and have a legitimate interest in ensuring compliance with the relevant union law . these criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action .


### member states shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under union law that are claimed to have been violated in respect of which the action is brought . ### member states shall ensure that representative actions according to article 1 can be brought before national courts or administrative authorities by qualified entities .


### collective out - of - court settlements aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action . ### collective out - of - court settlements , such as mediation , aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action .


### the qualified entity initiating the representative action under this directive should be a party to the proceedings . consumers concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action . injunction orders issued under this directive should be without prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order . ### the qualified entity initiating the representative action under this directive should be a party to the proceedings . consumers or citizens concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action . injunction orders issued under this directive should be without prejudice to individual actions brought by consumers or citizens harmed by the practice subject to the injunction order .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states shall maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation .


### –critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , space or nuclear technology ; ### –critical technologies , including artificial intelligence , robotics , semiconductors , technologies with potential dual use applications , cybersecurity , aerospace , defence , space or nuclear technology ;


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , implications for national defence and the european defence industry , critical technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . effective control may also arise through the use of extended credit and lending by the government of a third country or a state - owned financial institution , or any other state - owned enterprise of a third country .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order .


### –the security of supply of critical inputs ; or ### –the security of supply of critical inputs , rare and strategic materials and food supply ;


### furthermore , the commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex . ### furthermore , the commission should screen foreign direct investments likely to affect projects and programmes of union interest on grounds of security or public order . this would give the commission a tool to protect projects and programmes which serve the union as whole and represent an important contribution to its economic growth , jobs and competitiveness . this should include in particular projects and programmes involving a substantial eu funding or established by union legislation regarding critical infrastructure , critical technologies or critical inputs . for greater clarity , an indicative list of projects or programmes of union interest in relation to which foreign direct investment can be subject to a screening by the commission should be listed in an annex .


### ' foreign investor ' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment ; ### ‘ direct foreign investor ' means a natural or legal person of a third country intending to make or having made a foreign direct investment ;


### a union funding instrument , the connecting europe facility , was established by regulation no 1316 / 2013 of the european parliament and of the council8 . the aim of the connecting europe facility is to enable projects of common interest to be prepared and implemented within the framework of the trans - european networks policy in the sectors of transport , telecommunications and energy . _________________ 8 regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 . ### a union funding instrument , the connecting europe facility , was established by regulation no 1316 / 2013 of the european parliament and of the council8 . the aim of the connecting europe facility is to enable projects of common interest to be prepared and implemented within the framework of the trans - european networks policy in the sectors of transport , telecommunications and energy to improve the functioning of the eu internal market . _________________ 8 regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 .


### a union funding instrument , the connecting europe facility , was established by regulation no 1316 / 2013 of the european parliament and of the council8 . the aim of the connecting europe facility is to enable projects of common interest to be prepared and implemented within the framework of the trans - european networks policy in the sectors of transport , telecommunications and energy . ### a union funding instrument , the connecting europe facility , was established by regulation no 1316 / 2013 of the european parliament and of the council8 . the aim of the connecting europe facility is to enable projects of cross border and common interest to be prepared and implemented within the framework of the trans - european networks policy in the sectors of transport , telecommunications and energy .


### ensuring the connection between ireland and the other member states on the north sea – mediterranean core network corridor is crucial for ongoing and future infrastructure investments and for providing legal clarity and certainty for infrastructure planning . ### ensuring the connection between ireland , northern ireland and the other member states on the north sea – mediterranean core network corridor is crucial for ongoing and future infrastructure investments and for providing legal clarity and certainty for infrastructure planning and ensuring that transport policy continues the facilitation of the provisions of the above mentioned agreement in line with the policies of the european union . this does not prejudice the future consideration of the appropriate positioning of the republic of ireland within the core network corridor or the consideration of that positioning and future relationship with ports currently outside of the core network so as to improve connectivity between the republic of ireland and the rest of the union as part of subsequent instruments under the connecting europe facility .


### «baile átha cliath / dublin / corcaigh / cork – zeebrugge / antwerpen / rotterdam . ### «baile átha cliath / dublin / corcaigh / cork - le havre - calais - dunkerque – zeebrugge / antwerpen / rotterdam .


### the water resources of the union are increasingly coming under pressure , leading to water scarcity and quality deterioration . in particular , climate change and drought are contributing significantly to the strain on the availability of freshwater , arising from urban development and agriculture . ### the water resources of the union are increasingly coming under pressure , leading to water scarcity and quality deterioration . in particular , climate change and drought are contributing significantly to the strain on the availability and supply of freshwater , arising from urban development and agricultural practices .


### the union’s ability to respond to the increasing pressure on water resources could be enhanced by wider reuse of treated waste water . directive 2000 / 60 / ec of the european parliament and of the council15mentions the reuse of water as one of the supplementary measures member states may choose to apply to achieve the directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters . council directive 91 / 271 / eec16requires that treated waste water be reused whenever appropriate . _________________ 15 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . 16 council directive 91 / 271 / eec of 21 may 1991 concerning urban waste water treatment . ### the union’s ability to respond to the increasing pressure on water resources could be enhanced by wider reuse of treated waste water . directive 2000 / 60 / ec of the european parliament and of the council15 mentions the reuse of water as one of the supplementary measures member states may choose to apply to achieve the directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters , this being of great importance for humans and the ecosystem . council directive 91 / 271 / eec16 requires that treated waste water be reused whenever appropriate .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on “a blueprint to safeguard europe ' s water resources”17pointed to water reuse for irrigation or industrial purposes as an alternative water supply option requiring union attention . _________________ 17 com 673 ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on “a blueprint to safeguard europe ' s water resources” 17pointed to water reuse for irrigation or industrial purposes as an alternative water supply option requiring union attention with a view to sustainable development , protection of the population and satisfaction of the needs of future generations .


### in order to effectively protect the environment and human health , reclamation plant operators should be primarily responsible for the quality of reclaimed water . for the purposes of compliance with the minimum requirements and any additional conditions , set by the competent authority , reclamation plant operators should monitor the quality of reclaimed water . it is therefore appropriate to establish the minimum requirements for monitoring , consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring . certain requirements for routine monitoring are specified in accordance with directive 91 / 271 / eec . ### in order to effectively protect the environment and human health , reclamation plant operators will be primarily responsible for the quality of reclaimed water . for the purposes of compliance with the minimum requirements and any additional conditions , set by the competent authority , reclamation plant operators should monitor continuously the quality of reclaimed water . it is therefore appropriate to establish the minimum requirements for monitoring , consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring . certain requirements for routine monitoring are specified in accordance with directive 91 / 271 / eec .