### in its financing and investment operations , the eib shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , or fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic cooperation and development or the financial action task force . ### in its financing and investment operations , the eib , the eif and all financial intermediaries&#160 ; shall not support any activities carried out for illegal purposes , including money laundering , financing of terrorism , tax fraud and tax evasion , corruption , or fraud affecting the financial interests of the union . in particular the eib shall not participate in any financing or investment operation through a vehicle located in a non - cooperative jurisdiction in relation to the application of the internationally agreed tax standard , in line with its policy towards weakly regulated or non - cooperative jurisdictions based on policies of the union , the organisation for economic cooperation and development or the financial action task force . the eib shall transpose such requirements to any third party contributing to the efsi or any investment platform . &#160 ;


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; investment in education and training , health , research and development , information and communications technology and innovation ; expansion of renewable energy and energy and resource efficiency ; infrastructure projects in the environmental , natural resources , urban development and social fields ; providing financial support for the companies referred to in article 1 , including working capital risk financing . in addition , the eu guarantee shall be granted for support of dedicated investment platforms and national promotional banks , via the eib , that invest in operations meeting the requirements of this regulation . in that case , the steering board shall specify policies regarding eligible investment platforms . ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or for funding to the eif in accordance with article 7 in order to conduct eib financing and investment operations approved by that investment committee . the operations concerned shall be consistent with union policies and shall support one or more of the following general objectives : development of transport infrastructure , particularly in industrial centres ; development and modernisation of energy infrastructure in accordance with the energy union priorities and the 2020 , 2030 and 2050 climate and energy frameworks , in particular interconnections , smart grids at distribution level , energy storage and the synchronisation of markets ; expansion of renewable energy , resource efficiency , energy efficiency and energy savings , with a particular focus on reducing demand through demand - side management and the refurbishment of buildings ; development of information and communication technologies , of digital and telecom infrastructures and of broadband networks across the entire union ; investment in innovation , research and development , including research infrastructure , pilot and demonstration projects , collaborations between the academia and industry , and knowledge and technology transfer ; investment in education , training , entrepreneurial skills ; investment in innovative health solutions , such as ehealth and new effective medicines , and in the social sector ; investment in the cultural and creative industries ; investment in projects and infrastructure in the field of environmental protection and management ; strengthening of eco - system services and sustainable urban development ; financial support , including the provision of working capital risk financing , for smes , start - ups , spin - offs and small mid - cap companies through the eif , and for mid - cap companies , in order to ensure technology leadership in innovative and sustainable sectors ; financing of projects which are in line with the objectives of horizon 2020 and the connecting europe facility ; the efsi shall support only projects and operations that : are consistent with union policies and create smart , sustainable and inclusive growth ; that comply with the objectives of article 9 and that are in line with article 10 and annex i of regulation no 1303 / 2013 ; are economically and technically viable ; ensure additionality ; maximise the mobilisation of private sector capital ; have a net societal benefit , including the creation of sustainable jobs , taking into account the costs and benefits of the project throughout its expected lifetime ; in addition , the eu guarantee shall be granted , through the eib , for financing and investment operations conducted by dedicated investment platforms and national promotional banks , after approval by the investment committee referred to in article 3 . the operations concerned shall be consistent with union policies and shall comply with the eligibility criteria laid down in article 5 . the steering board shall specify policies regarding eligible investment platforms .


### an eu guarantee fund shall be established from which the eib may be paid in the event of a call on the eu guarantee . 2 . the guarantee fund shall be endowed by : payments from the general budget of the union , returns on guarantee fund resources invested , amounts recovered from defaulting debtors in accordance with the recovery procedure laid down in the efsi agreement as provided for in article 2 , any other payments received by the union in accordance with the efsi agreement . 3 . endowments to the guarantee fund provided for in points and of paragraph 2 shall constitute internal assigned revenues in accordance with article 21 of regulation no 966 / 2012 . 4 . the resources of the guarantee fund provided to it under paragraph 2 shall be directly managed by the commission and invested in accordance with the principle of sound financial management and follow appropriate prudential rules . 5 . endowments to the guarantee fund referred to in paragraph 2 shall be used to reach an appropriate level to reflect the total eu guarantee obligations . the target amount shall be set at 50% of the union ' s total guarantee obligations . the target amount shall initially be met by the gradual payment of resources referred to in paragraph 2 . if there have been calls on the guarantee during the initial constitution of the guarantee fund , endowments to the guarantee fund provided for in points , and of paragraph 2 shall also contribute to meet the target amount up to an amount equal to the calls on the guarantee . 6 . by 31 december 2018 , and every year thereafter , the commission shall review the adequacy of the level of the guarantee fund taking into account any reduction of resources resulting from the activation of the guarantee and the eib ' s assessment submitted in accordance with article 10 . the commission shall be empowered to adopt delegated acts in accordance with article 17 adjusting the target amount provided for in paragraph 5 by a maximum of 10% to better reflect the potential risk of the eu guarantee being called . 7 . following an adjustment in year n of the target amount or an assessment on the adequacy of the level of the guarantee fund in accordance with the review provided for in paragraph 6 : any surplus shall be paid in one transaction to a special heading in the statement of revenue in the general budget of the european union of the year n + 1 , any replenishment of the guarantee fund shall be paid in annual tranches during a maximum period of three years starting on year n + 1 . 8 . from 1 january 2019 , if as a result of calls on the guarantee , the level of the guarantee fund falls below 50% of the target amount , the commission shall submit a report on exceptional measures that may be required to replenish it . 9 . subsequent to a call on the eu guarantee , endowments to the guarantee fund provided for in points , and of paragraph 2 over and above the target amount shall be used to restore the eu guarantee up to its initial amount . ### an eu guarantee fund shall be established which shall constitute a liquidity cushion from which the eib shall be paid in the event of a call on the eu guarantee . 2 . the guarantee fund shall be endowed by : contributions from the general budget of the union ; returns on guarantee fund resources invested ; amounts recovered from defaulting debtors in accordance with the recovery procedure laid down in the efsi agreement as provided for in point of article 2 ; revenues and any other payments received by the union in accordance with the efsi agreement . 3 . endowments to the guarantee fund provided for in points , and of paragraph 2 shall constitute internal assigned revenues in accordance with article 21 of regulation no 966 / 2012 . 4 . the resources of the guarantee fund provided to it under paragraph 2 shall be directly managed by the commission and invested in accordance with the principle of sound financial management and follow appropriate prudential rules . 5 . endowments to the guarantee fund referred to in paragraph 2 shall be used to reach an appropriate level to reflect the total eu guarantee obligations . the target amount shall be set at 50% of the union ' s total guarantee obligations . the target amount shall initially be met by 2022 at the latest through the gradual payment of resources referred to in point of paragraph 2 as well as endowments to the guarantee fund provided for in points , and of paragraph 2 . 5a . the necessary appropriations to meet the initial target amount shall be gradually authorised by the european parliament and the council in the framework of the annual budgetary procedure , taking due account of all means available under the council regulation no 1311 / 2013 of 2 december 2013 laying down the multiannual financial framework 2014 - 2020 , with particular recourse to the global margin for commitments and the flexibility instrument . the financing of the guarantee fund , both in respect of commitment and payment appropriations , shall be reviewed by the european parliament and the council in the context of the post - electoral review / revision of the multiannual financial framework 2014 - 2020 , to be launched by the end of 2016 at the latest , as foreseen in article 2 of council regulation no 1311 / 2013 . in the event that redeployments from eu programmes were agreed in the framework of the annual budgetary procedure as source of financing for the eu guarantee in the years preceding the mff review / revision , the european parliament and the council shall restore their initial budgets . 6 . by 31 december 2018 , and every year thereafter , the commission shall review the adequacy of the level of the guarantee fund taking into account any reduction of resources resulting from the activation of the guarantee and the eib ' s assessment submitted in accordance with article 10 . the commission shall be empowered to adopt delegated acts in accordance with article 17 adjusting downwards the target level provided for in paragraph 5 by a maximum of 10% to better reflect the potential risk of the eu guarantee being called . 7 . following an adjustment in year n of the target level or an assessment on the adequacy of the resources available in the guarantee fund in accordance with the review provided for in paragraph 6 : any surplus in the guarantee fund shall constitute internal assigned revenue in accordance with article 21 of regulation no 966 / 2012 for any lines which may have been used as a source of redeployment to the efsi guarantee fund , any replenishment of the guarantee fund shall be paid in annual tranches during a maximum period of three years starting on year n + 1 . 8 . if as a result of calls on the guarantee , the resources of the guarantee fund fall below 50% of the liabilities that have been incurred at the given moment the commission shall submit a report on exceptional measures that may be required to replenish it . 9 . subsequent to a call on the eu guarantee , endowments to the guarantee fund provided for in points , and of paragraph 2 shall be used to restore the eu guarantee up to its target amount . any remaining remuneration shall constitute internal assigned revenue in accordance with article 21 of regulation no 966 / 2012 for any lines which may have been used as a source of redeployment to the efsi guarantee fund . 9a . in the event that additional surplus remains , after requirements under paragraphs 7 and 9 have been fully met , the commission shall present a proposal on an increase of the overall level of the eu guarantee , leading to a reinforcement of the investment plan .


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . to identify bankable and eu - added value projects for the pipeline , the commission and the eib should involve all relevant stakeholders . the pipeline is without prejudice to the final projects selected for support according to article 3 . the commission and the eib , with support from the member states , shall also put in place promotional activities directed at potential investors to promote the efsi and ensure the highest possible level of contributions to the fund .


### any surplus shall be paid in one transaction to a special heading in the statement of revenue in the general budget of the european union of the year n + 1 , ### any surplus in the guarantee fund shall constitute internal assigned revenue in accordance with article 21 of regulation no 966 / 2012 for any lines which may have been used as a source of redeployment to the efsi guarantee fund ,


### in its financing and investment operations , the eib shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including a requirement to take reasonable measures to identify the beneficial owners where applicable . ### in its financing and investment operations , the eib shall apply the principles and standards set out in union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , including a requirement to identify the beneficial owners where applicable .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , technological innovation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . while taking into full account the special situation of peripheral islands and regions , the requirement for consistency with state aid should contribute to such effective and strategic use , by avoiding one - size - fits - all approaches .


### in accordance with the treaty on the functioning of the european union , infrastructure and project investments supported under efsi should be consistent with state aid rules . to that end , the commission has announced that it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds . ### infrastructure and project investments supported under efsi , when cofinanced by member states , should be consistent with state aid rules in accordance with the treaty on the functioning of the european union . to that end , the commission has announced that within a reasonable time it will formulate a set of core principles , for the purpose of state aid assessments , which a project will have to meet to be eligible for support under the efsi . if a project , regardless of its economic sector , meets these criteria and receives support from the efsi , the commission has announced that any national complementary support , will be assessed under a simplified and accelerated state aid assessment whereby the only additional issue to be verified by the commission will be the proportionality of public support . the commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public funds and the full respect of the principle of legitimate expectation .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should include member state contributions providing for sufficient size effectively to support necessary strategic investments with high economic value added contributing to achieving union policy objectives .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments or operations between a member state and a country falling within the scope of the european neighbourhood policy including the strategic partnership , the enlargement policy , and the european economic area or the european free trade association , or investments implementing the eu macro - regional strategies and operations between a member state and an overseas country or territory , as set out in annex ii of the treaty on the functioning of the european union . the investment should guarantee high economic , social and environmental value added , promoting quality jobs , sustainable innovation , skills and high quality employment , integrating and completing the single market , boosting the competitiveness of the eu . these strategic projects should benefit from positive externalities created by public investment and european structural and investment funds in order to achieve union policy objectives , including economic convergence between member states and social cohesion .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the esfsi agreement shall provide that the esfsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that esfsi can support and the risk profile of the esfsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson .


### national administrations can be supported in their endeavours through specific instruments under the european structural and investment funds . close cooperation under the isa2 programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the union - wide interoperability frameworks and specifications such as the eif . ### national , regional and local administrations can be supported in their endeavours through specific instruments under the european structural and investment funds . close cooperation under the isa2 programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the union - wide interoperability frameworks and specifications such as the eif .


### without prejudice to other union policies , interoperability solutions established or operated by the isa2 programme may be used by non - union initiatives , for non - commercial purposes , provided that no extra costs are incurred for the general budget of the union and the main union objective of the interoperable solution is not compromised . ### without prejudice to other union policies , and in accordance with the principles set out in article 4 , interoperability solutions established or operated by the isa2 programme may be used by non - union initiatives , for non - commercial purposes , provided that no extra costs are incurred for the general budget of the union and the main union objective of the interoperable solution is not compromised .


### the programme shall be subject to an interim evaluation and a final evaluation , the results of which shall be communicated to the european parliament and the council by 31 december 2018 and 31 december 2021 respectively . in this context , the responsible committee of the parliament may invite the commission to present the evaluation results and answer questions raised by its members . ### the isa2 programme shall be subject to an interim evaluation and a final evaluation , the results of which shall be communicated to the european parliament and the council by 31 december 2018 and 31 december 2021 respectively . in this context , the competent committee or committees of the european parliament may invite the commission to present the evaluation results and answer questions raised by their members .


### solutions established or operated under the present isa2 programme should , as far as possible , form part of a consistent environment of services facilitating interaction between european public administrations , enterprises and citizens , and ensuring , facilitating and enabling cross - border or cross - sector interoperability . ### solutions established or operated under the present isa2 programme should , as far as possible , form part of a consistent environment of services facilitating interaction between european public administrations , enterprises and citizens , and ensuring , facilitating and enabling cross - border or cross - sector interoperability . such solutions should provide clear added value in terms of the facilitation or enabling of cross - border or cross - sector interoperability .


### in addition , the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ‘ solution bridge’ , operating existing interoperability solutions . ### the isa2 programme may act as a ‘ solution incubator’ , piloting new interoperability solutions , and as a ‘ solution bridge’ , operating existing interoperability solutions .


### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states should therefore ensure , in coordination with the neighbouring member states and with the commission , that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks . there should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the union . ### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states should therefore ensure , in coordination with the neighbouring member states and with the commission , that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators in areas where they are needed . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks . there should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km as the crow flies from any shipment location in the union , also taking into account economic criteria .


### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal . ### member states shall coordinate with neighbouring member states , particularly via close cooperation between their competent authorities , and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km as the crow flies from such terminal . member states may derogate from this 150 - km rule if these facilities have no economic relevance or for reasons related the geographic or natural features of a given area . such derogations must be duly justified by the competent authority .


### the effectiveness and efficiency of the support measures provided for in article 6 , ### the effectiveness and efficiency of the support measures provided for in article 6 , and how they serve the original purpose of the directive ,


### support measures should be coordinated , as needed , between member states and the commission . ### support measures should be coordinated , as needed , between member states and the commission to ensure the avoidance of possible overlapping investments between member states in close proximity .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### so as to ensure demonstrable progress towards the 2030 commitments , member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 .


### member states may establish adjusted annual national emission inventories for so2 , nox , nh3 , nmvoc and pm2 , 5 in accordance with annex iv where non - compliance with their national emission reduction commitments or their intermediate emission levels would result from applying improved emission inventory methods updated in accordance with scientific knowledge . ### member states may establish adjusted annual national emission inventories for so2 , nox , nh3 , nmvoc and pm2 , 5 in accordance with annex iv where non - compliance with their national emission reduction commitments would result from applying improved emission inventory methods updated in accordance with scientific knowledge .


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this directive .


### members states that intend to apply paragraphs 1 , 2 and 3 shall inform the commission by 30 september of the year preceding the reporting year concerned . that information shall include the pollutants and sectors concerned and , where available , the magnitude of the impacts upon national emission inventories . ### members states that intend to apply any of the flexibilities under this directive shall inform the commission by 31 december of the year preceding the reporting year concerned . that information shall include the pollutants and sectors concerned and , where available , the magnitude of the impacts upon national emission inventories .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter , methane and mercury in accordance with the national emission reduction commitments applicable from 2020 , 2025 and 2030 , as laid down in annex ii .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 .


### where the commission has raised no objections within nine months from the date of receipt of the relevant report referred to in article 7 , paragraphs 4 , 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year . where the commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria , it shall adopt a decision and inform the member state that it cannot be accepted . ### where the commission has raised no objections within nine months from the date of receipt of the relevant report referred to in article 7 , paragraphs 4 , 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year .


### the national emission ceiling regime established by directive 2001 / 81 / ec should therefore be revised in order to align it with the international commitments of the union and the member states . ### taking account of emission reduction projections based on a current legislation scenario , the national emission ceiling regime established by directive 2001 / 81 / ec should therefore be revised in order to go beyond the emission reduction commitments as set out in the gothenburg protocol and aim to achieve the health and environmental objectives as set out in the union ' s 7th environmental action programme .


### where a national air pollution control programme is updated under article 6 , the member state concerned shall inform the commission thereof within two months . ### where a national air pollution control programme is updated under article 6 , the member state concerned shall communicate the updated programme to the commission within two months .


### in order to reduce atmospheric nh3 and pm2 , 5emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural sector . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances . ### in order to reduce atmospheric nh3 , ch4 and pm2 , 5 emissions from the main contributors , national air pollution control programmes should include measures applicable to the agricultural sector . member states should be entitled to implement measures other than those set out in this directive with an equivalent level of environmental performance owning to specific national circumstances .


### an assessment of the progress made with implementation of the programme , the reduction of emissions and the reduction of concentrations ; ### an assessment of the progress made with implementation of the programme , the reduction of emissions , the reduction of concentrations and associated environmental , public health and socio - economic benefits ;


### take account of the need to reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories and , where appropriate in neighbouring member states ; ### reduce air pollutant emissions for the purpose of reaching compliance with air quality objectives in their territories , in particular the limit values under directive 2008 / 50 / ec , and , where appropriate in neighbouring member states ;


### member states shall consult , in accordance with relevant union legislation , the public and competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and any significant updates prior to their finalisation . where appropriate , transboundary consultations shall be ensured in accordance with relevant union legislation . ### member states shall , in accordance with relevant union legislation , ensure that members of the public , including non - governmental organisations promoting environmental protection , consumer organisations , organisations representing the interests of sensitive populations and other relevant health - care bodies are given early and effective opportunities to participate in the preparation and modification or review of national air pollution control programmes prior to their finalisation . member states shall also consult those competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and any significant updates prior to their finalisation . transboundary consultations shall be ensured in accordance with relevant union legislation , including article 25 of directive 2008 / 50 / ec .


### member states shall consult , in accordance with relevant union legislation , the public and competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and any significant updates prior to their finalisation . where appropriate , transboundary consultations shall be ensured in accordance with relevant union legislation . ### member states shall ensure that the public , including those individuals or groups affected by , likely to be affected by or having an interest in emissions of air pollution , and non - governmental organisations promoting environmental protection or human health are consulted at an early stage in the drawing up and review of national air pollution control programmes . the timeframe for consultation shall not be shorter than 60 days . member states shall also consult competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and all updates prior to their initialization . transboundary consultations shall be ensured in accordance with relevant union legislation , including article 25 of directive 2008 / 50 / ec .


### member states may jointly implement their methane emission reduction commitments and intermediate emission levels referred to in annex ii , provided that they meet the following conditions : ### member states may jointly implement their methane emission reduction commitments referred to in annex ii , provided that they meet the following conditions :


### the commission may also specify the format and the necessary information concerning member states ' national air pollution control programmes in the form of implementing acts . these implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 . ### the commission shall also specify the format and the necessary information concerning member states ' national air pollution control programmes in the form of implementing acts . these implementing acts shall be adopted in accordance with the examination procedure referred to in article 14 .


### the commission may establish guidance on the elaboration and implementation of national air pollution control programmes . ### the commission shall establish guidance on the elaboration and implementation of national air pollution control programmes .


### where relevant , an explanation of the reasons why the intermediate emission levels for 2025 cannot be met without measures entailing disproportionate costs ; ### an explanation of the measures taken to achieve national emission reduction commitments ;


### inorganic fertilisers shall be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus , also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers . ### inorganic fertilisers shall as far as possible be replaced by organic fertilisers . where inorganic fertilisers continue to be applied , they shall be spread in line with the foreseeable requirements of the receiving crop or grassland with respect to nitrogen and phosphorus , also taking into account the existing nutrient content in the soil and the nutrients from other fertilizers .


### the commission , assisted by the european environment agency and the member states shall regularly review the national emission inventory data . this review shall involve the following : ### the commission , assisted by the european environment agency and the member states shall regularly review the national emission inventory data and national air pollution control programmes . this review shall involve the following :


### member states shall consult , in accordance with relevant union legislation , the public and competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and any significant updates prior to their finalisation . where appropriate , transboundary consultations shall be ensured in accordance with relevant union legislation . ### member states shall , in accordance with relevant union legislation , ensure that members of the public including , in accordance with national law and practice , those stakeholders affected by , or having an interest in the environmental decision - making process are consulted in the drawing up or review of national air pollution control programmes , or both . member states shall also consult competent authorities , which , by reason of their specific environmental responsibilities in the field of air pollution , quality and management at all levels , are likely to be concerned by the implementation of the national air pollution control programmes , on their draft national air pollution control programme and all updates prior to their finalisation . where appropriate , transboundary consultations shall be ensured in accordance with relevant union legislation .


### the commission shall decide within 3 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 3 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall decide within 2 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 2 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , disability , colour , religion , descent or national or ethnic origin .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### member states and the commission shall encourage the development of self - and co - regulation regarding inappropriate audiovisual commercial communications for alcoholic products . those steps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic products , for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services .


### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 20% share of european works in their catalogue and ensure prominence of these works . ### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 40% share of european works in their catalogue and ensure prominence of these works . member states may require providers of on - demand audiovisual media services which target audiences on their territory but are established in another member state to include a proportion of european audiovisual works as laid down in the member state targeted .


### the service consists of the storage of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ; ### the service consists of the storage or provision of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ;


### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 20% share of european works in their catalogue and ensure prominence of these works . ### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 40% share of european works in their catalogue and ensure prominence of these works . member states may require on - demand video services which are established in other member states but which target an audience on their territory to ensure that the rules on the share of european works laid down by the targeted member state are complied with .


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion or belief , disability , descent or national or ethnic origin .


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission shall give appropriate publicity to those codes of conduct .


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters in line with european and national legislation .


### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines . ### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure codes of conduct are used to effectively minimise the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines .


### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 20 minutes . ; ### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 30 minutes . no television advertising or teleshopping shall be inserted during religious services or during children ' s programmes . ;


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### member states shall encourage co - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions .


### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines . ### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to effectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced . self - and co - regulation should contribute to this objective .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### member states shall encourage co - regulation and self - regulation at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those steps shall be such that they are broadly accepted by the main stakeholders acting under the jurisdiction of the member states concerned . the steps laid down shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions within the member state ' s jurisdiction .


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the daily proportion of television advertising spots and teleshopping spots within a given clock hour shall not exceed 20 % .


### these common non - exhaustive criteria for the application of penalties may not be relevant in deciding on penalties regarding every infringement , in particular regarding non - serious infringements . member states should also take account of other general principles of law applicable to the imposition of penalties , such as the principle of non bis in idem . ### these common non - exhaustive criteria for the application of penalties may not be relevant in deciding on penalties regarding every infringement , in particular regarding non - serious infringements . member states should also take account of other general principles of law applicable to the imposition of penalties , such as the principle of non bis in idem . the enforcement of penalties should not require member states to establish a comprehensive system of public enforcement . it should be left to member states to determine the modalities of imposing and enforcing penalties .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 10 000 000 eur or 4 % of the trader ' s total worldwide annual turnover , whichever is higher .


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being seemingly identical or similar to the another product marketed , where those products have different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers . when assessing a trader ' s right to adapt the same brand to different geographical markets , taking into account legitimate factors such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food , the competent authority should examine whether the consumer has been sufficiently , clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance .


### where the penalty to be imposed is a fine , the infringing trader’s annual turnover and net profits as well as any fines imposed for the same or other infringements of this directive in other member states shall also be taken into account in the determination of its amount . ### where the penalty to be imposed is a fine , the infringing trader’s annual turnover as well as any fines imposed for the same or other infringements of this directive in other member states shall be taken into account in the determination of its amount .


### where applicable , any relevant interoperability of digital content and digital services with hardware and software that the trader is aware of or can reasonably be expected to have been aware of . ### where applicable , any relevant interoperability of digital content and digital services , including where those are embedded in goods , and digital services with hardware and software that the trader is aware of or can reasonably be expected to have been aware of .


### in accordance with article 15 of directive 2000 / 31 / ec45 , online marketplaces should not be required to verify the legal status of third party suppliers . instead , the online marketplace should require third party suppliers of products on the online marketplace to indicate their status as traders or non - traders for the purposes of consumer law and to provide this information to the online marketplace . __________________ 45 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### online marketplaces should be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse , leaving consumers vulnerable . there should be an adequate level of protection consistent with the nature of the goods or services sold and any actual evidence of harm arising from the sale . specifically , they should monitor activity which suggests that a trader is purporting to be a non - trader in order to influence consumers ' choices and expectations of the quality of the product or service they are purchasing .


### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all member states concerned by the coordinated enforcement action . ### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a maximum fine of 4 % of the trader’s annual turnover in the member state or member states concerned by the coordinated enforcement action .


### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are justified on grounds of public policy or the protection of the respect for private life . ### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to specifically defined commercial practices that are identified as aggressive or misleading in the context of commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are proportionate , non - discriminatory and justified by overriding reasons in the public interest .


### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other member states , where those products have significantly different composition or characteristics . competent authorities should assess and address on a case by case basis such practices according to the provisions of the directive . in undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers , a trader ' s right to adapt products of the same brand for different geographical markets due to legitimate factors , such as availability or seasonality of raw materials , defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders ' right to offer products of the same brand in packages of different weight or volume in different geographical markets . ### however , the enforcement experience has shown that it may be unclear to consumers , traders and national competent authorities which commercial practices could be contrary to the directive 2005 / 29 / ec in the absence of an explicit provision . therefore , directive 2005 / 29 / ec should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical or seemingly identical to the same product marketed in another member state , where those products have different composition or characteristics . listing this practice in annex i of directive 2005 / 29 / ec should therefore lead to greater certainty by prohibiting it under all circumstances . this provision does not restrict a trader ' s right to adapt products of the same brand provided that the quality of such products does not diverge and consumers are clearly informed of this by a legible labelling stating the legitimate reasons for this adaptation .


### using editorial content in the media , or providing information to a consumer’s online search query , to promote a product where a trader has paid for the promotion without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer . this is without prejudice to directive 2010 / 13 / eu48 . __________________ 48 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### using editorial content in the media , or providing information to an online search query , to promote a product or service where a trader has provided remuneration , including remuneration other than money , for a promotion or prominent placement without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer . this is without prejudice to directive 2010 / 13 / eu48 . __________________ 48 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### member states should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices . in order to meet that objective , member states should make both contractual and non - contractual remedies available . as a minimum , the contractual remedies provided by the member states should include the right to contract termination . non - contractual remedies provided under national law should , as a minimum , include the right to compensation for damages . member states would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices . ### member states should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices . in order to meet that objective , member states should make both contractual and non - contractual remedies available in their national law . as a minimum , the contractual remedies provided by the member states should include the right to contract termination , the right to compensation for damages and the right to price reduction . non - contractual remedies provided under national law should , as a minimum , include the right to compensation for damages . member states would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices .


### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing across member states of products as being identical when , in reality , they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . ### article 16 of the charter of fundamental rights of the eu guarantees the freedom to conduct a business in accordance with union law and national laws and practices . however , marketing of products as being seemingly identical or similar when , in reality , they have different composition or characteristics , without the consumer being clearly and comprehensively informed thereof , may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise . assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case , but generally speaking , in cases where : one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation ; this difference may change the economic behaviour of the average consumer , who would have taken a different purchasing decision where he was aware of such a difference . in order to assess whether the appearance is seemingly identical , any words , data , trademarks , brand names , illustrations or symbols relating to a particular product and placed on the package , the document , the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics , taste or nature and , where appropriate , its trademark , shall be taken into account .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader ' s total worldwide annual turnover .


### any marketing of a product as being identical to the same product marketed in several other member states , while those products have significantly different composition or characteristics ; ### any marketing of a product with seemingly identical appearance to another product that is marketed with the same or similar trademark , designation or packaging while those products have different composition ;


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4 % of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the amount of which shall be maximum 4 % of the trader’s annual turnover in the member state or member states concerned .


### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are justified on grounds of public policy or the protection of the respect for private life . ### this directive does not prevent member states from adopting provisions to protect the legitimate interests of consumers with regard to specific marketing or selling practices in the context of unsolicited visits by a trader to a consumer ' s home that are identified as aggressive or misleading , or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers , provided that such provisions are proportionate , non - discriminatory and justified by overriding reasons in the public interest .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual worldwide turnover .


### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all member states concerned by the coordinated enforcement action . ### where , as a result of the coordination mechanism under regulation 2017 / 2394 , a single national competent authority within the meaning of that regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a union dimension , it should be able to impose a fine of at least 10 000 000 eur or 4 % of the trader’s total worldwide annual turnover , whichever is higher .


### while off - premises sales constitute a legitimate and well - established sales channel , like sales at a trader ' s business premises and distance–selling , some particularly aggressive or misleading marketing practices in the context of visits to the consumer ' s home without the consumer ' s prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and / or purchases at excessive prices , often involving immediate payment . such practices often target elderly or other vulnerable consumers . some member states consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off - premises sales within the meaning of directive 2011 / 83 / eu , such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer ' s home or commercial excursions , on grounds of public policy or the respect for consumers’ private life protected by article 7 of the charter of fundamental rights of the eu . in accordance with the principle of subsidiarity and in order to facilitate enforcement , it should therefore be clarified that directive 2005 / 29 / ec is without prejudice to member states ' freedom to make arrangements without the need for a case - by - case assessment of the specific practice , to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life . any such provisions should be proportionate and not discriminatory . member states should be required to notify any national provisions adopted in this regard to the commission so that the commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures . ### while off - premises sales constitute a legitimate and well - established sales channel , some particularly aggressive or misleading marketing practices in the context of commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and / or purchases at excessive prices , often involving immediate payment . in accordance with the principle of subsidiarity and in order to facilitate enforcement , it should therefore be clarified that directive 2005 / 29 / ec is without prejudice to member states ' freedom to make arrangements to protect the legitimate interests of consumers with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers . any such provisions should be proportionate and not discriminatory . member states should be required to notify any national provisions adopted in this regard to the commission so that the commission can make this information available to all interested parties and examine the proportionate nature and legality of those measures .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2394 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader’s global turnover calculated on the annual total for the previous year in the member state or member states concerned .


### where appropriate , the intentional or negligent character of the infringement ; ### the intentional or negligent character of the infringement ;


### the main parameters determining ranking of offers presented to the consumer as result of his search query on the online marketplace ; ### all parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplace ;


### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 4% of the trader ' s annual turnover in the member state concerned . ### to ensure that member state authorities can impose effective , proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 , fines should be introduced as a mandatory element of penalties for such infringements . in order to ensure deterrence of the fines , member states should set in their national law the maximum fine for such infringements at a level that is at least 10 000 000 eur or 4% of the trader ' s total worldwide annual turnover whichever is higher


### 2023 : 0 . 5 % ; ### 2023 : 1 % ;


### 2022 : 0 . 5 % ; ### 2022 : 0 . 7 % ;


### 2026 : 0 . 5 % ### 2026 : 2 %


### 2025 : 0 . 5 % ; ### 2025 : 2 % ;


### 2024 : 0 . 5 % ; ### 2024 : 1 . 5 % ;


### the commission shall make a proposal to the council to suspend all or part of the commitments or payments for one or more of the programmes of a member state in the following cases : ### after taking into account economic and social circumstances of the member state concerned and the impact of the envisaged suspension on the economy , the commission shall make a proposal to the council to suspend all or part of the commitments for one or more of the programmes of a member state in the following cases :


### the external alerts shall only be ' for information ' . the competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . ### the external alerts shall mainly be ' for information ' and shall require the competent authorities to verify whether those alerts are based on a reasonable suspicion as referred to in article 34 . the competent authorities shall not be bound to initiate enforcement measures or to take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate . they shall correct without delay any error in the information posted or shall delete the information , as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . entities making external alerts shall also be notified of any follow - up actions taken by the competent authority concerned in relation to those alerts , or of the lack of any action , giving reasons in the latter case as to why the alert was not acted upon .


### require the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of among others identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require , in accordance with the data protection rules of the european union , the supply by any natural or legal person , including banks , internet service providers , payment service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of among others identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ;


### the digital single market strategy adopted by the commission on 6 may 2015 identified as one of the priorities the need to enhance consumer trust through more rapid , agile and consistent enforcement of consumer rules . the single market strategy adopted by the commission on 28 october 2015 reiterated that enforcing union consumer protection legislation should be further strengthened by the regulation on consumer protection cooperation , ### the digital single market strategy adopted by the commission on 6 may 2015 identified as one of the priorities the need to enhance consumer trust through more rapid and consistent enforcement of consumer rules . the single market strategy adopted by the commission on 28 october 2015 reiterated that enforcing union consumer protection legislation should be further strengthened by the regulation on consumer protection cooperation ,


### widespread infringements with a union dimension may cause large scale harm to a majority of consumers in the union . they therefore require a specific union - level coordination procedure with the commission as the mandatory coordinator . to ensure that the procedure is launched in a timely , coherent and effective manner and that the conditions are verified in a uniform manner , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the common action should be used seamlessly in national proceedings when required , ### in the case of widespread infringements with a union dimension that may cause harm to consumers ' collective interests in a majority of member states , the commission should launch and manage a union - level coordination procedure . to ensure procedural coherence , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the coordinated action should be used seamlessly in national proceedings when required ,


### each competent authority shall have the investigation and enforcement powers necessary for the application of this regulation and shall exercise them in accordance with this regulation and national law . ### each competent authority shall have the investigation and enforcement powers and resources necessary for the application of this regulation and shall exercise them in accordance with this regulation and national law .


### coordinated screening of online e - commerce websites are another form of enforcement coordination that has proven to be an effective tool against infringements that should be retained and strengthened in the future , ### coordinated screening of online e - commerce websites is another form of enforcement coordination that has proven to be an effective tool against infringements that should be retained and strengthened in the future , including by extending it to offline sectors ,


### coordinated screening of online e - commerce websites are another form of enforcement coordination that has proven to be an effective tool against infringements that should be retained and strengthened in the future , ### coordinated screening of online e - commerce websites is another form of enforcement coordination that has proven to be an effective tool against infringements that should be retained and strengthened in the future , including by extending its application to offline sectors ,


### the commission may adopt implementing acts setting out the details of the designation and participation of other entities in the alert mechanism . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission may adopt implementing acts laying down details of the designation and participation of consumer organisations and associations and trader associations in the alert mechanism and the means of notification of any follow - up actions taken in relation to external alerts , or the lack of any action . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 .


### competent authorities should be in a position to open investigations on their own initiative if they become aware of intra - union infringements or widespread infringements by means other than consumer complaints . this is particularly necessary to ensure effective cooperation among competent authorities when addressing widespread infringements , ### competent authorities should be in a position to open investigations on their own initiative if they become aware of intra - union infringements or widespread infringements by means other than consumer complaints ,


### widespread infringements with a union dimension may cause large scale harm to a majority of consumers in the union . they therefore require a specific union - level coordination procedure with the commission as the mandatory coordinator . to ensure that the procedure is launched in a timely , coherent and effective manner and that the conditions are verified in a uniform manner , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the common action should be used seamlessly in national proceedings when required , ### widespread infringements with a union dimension may cause significant harm to the single market and to a majority of consumers in the union . in order to combat them , therefore , the commission should launch and coordinate a specific union - level coordination procedure with the commission as the mandatory coordinator . to ensure that the procedure is launched in a timely , coherent and effective manner and that the conditions are verified in a uniform manner , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the coordinated action should be used seamlessly in national proceedings when required ,


### the competent authorities may investigate infringements referred to in article 2 and prohibit traders from engaging in such infringements in the future . the competent authorities may impose penalties for those infringements within five years from the cessation of the infringement . ### the competent authorities may investigate infringements referred to in article 2 and stop traders from engaging in such infringements in the future . the competent authorities may impose penalties , order that consumers who have been harmed should be compensated , or order the restitution of undue profits for those infringements within five years from the cessation of the infringement


### for emergency , post - emergency or thematic actions , the commission may create , after informing the european parliament and the council , trust funds under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission decision establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors . ### the commission is empowered to adopt delegated acts in accordance with article 261 to provide for the creation of trust funds for emergency , post - emergency or thematic actions . where , in the case of emergency actions , imperative grounds of urgency so require , the procedure provided for in article 261a shall apply to delegated acts adopted pursuant to this article . such trust funds shall be created under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission decision establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors .


### up to 10% of the funds of the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation may be kept unallocated at the beginning of the financial year to allow additional funding to respond to major unforeseen needs , new crises situations or significant political shifts in third countries , in addition to the amounts already programmed . these unallocated funds , if not committed during the year , should be carried over by a decision of the commission . ### up to 10% of funds may be kept unallocated at the beginning of the financial year to allow funding under the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation to respond more flexibly and adequately to major unforeseen needs . in the event that those unallocated funds are not committed during the financial year in question , the commission should inform the european parliament and the council before 31 december of that year and adopt a decision to carry over those funds in full respect of the respective basic act establishing the above mentioned instruments and the objectives set out therein .


### where the commission makes use of union trust funds , it shall attach to the draft budget a working document on the activities supported by union trust funds , on their implementation and performance . ### where the commission makes use of union trust funds , it shall attach to the draft budget a working document on the activities supported by union trust funds , on their implementation and performance , contributions other than those from the union , and a preliminary assessment on how the conditions of article 227 are fulfilled , and how the actions under the trust funds have contributed to the objectives laid down in the basic act of the instrument from which the union contribution to the trust funds were provided .


### up to 10% of the funds of the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation may be kept unallocated at the beginning of the financial year to allow additional funding to respond to major unforeseen needs , new crises situations or significant political shifts in third countries , in addition to the amounts already programmed . these unallocated funds , if not committed during the year , should be carried over by a decision of the commission . ### the possibility to carry over remaining unallocated funds of the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation should be introduced , within a limit of 10% of the initial appropriations of each instrument , in order to increase capacity to respond to major unforeseen needs , new crises situations or significant political shifts in the countries concerned by those instruments and avoid pressure to commit unallocated funds towards the end of the year . these unallocated funds , if not committed during the year , should be carried over by a decision of the commission , whilst ensuring that they are spent in accordance with the specific objectives of their initial instrument and governed by the rules and bodies relating to that instrument .


### resources allocated to member states under shared implementation may also be used in combination with operations and instruments carried out under regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 on the european fund for strategic investments , the european investment advisory hub and the european investment project portal and amending regulations no 1291 / 2013 and no 1316 / 2013 . ### resources allocated to member states under shared implementation may in accordance with sector - specific rules also be used in combination with operations and instruments carried out under regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 on the european fund for strategic investments , the european investment advisory hub and the european investment project portal and amending regulations no 1291 / 2013 and no 1316 / 2013 .


### if at least 10 % of the initial allocation of a programme referred to in article 10 has not been covered by interim payment applications submitted in accordance with article 85 of regulation no [ cpr ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 . ### if at least 30 % of the initial allocation of a programme referred to in article 10 has not been covered by interim payment applications submitted in accordance with article 85 of regulation no x [ cpr ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 .


### —it systems and networks contributing to the achievement of the objectives of this regulation , training on the use of such systems , testing and improving interoperability and data quality of such systems ; ### —it systems and networks contributing to the achievement of the objectives of this regulation , training on the use of such systems , testing and improving the interoperability components and data quality of such systems ;