### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spill - overs from their budgetary and economic policies . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spill - over effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt as soon as possible and no later than 15 november an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion without delay to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup and the competent committee of the european parliament should discuss the budgetary situation and prospects for the euro area .


### the commission opinion shall be made public and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### the commission opinion shall be made public in its entirety unless the commission after consulting the eurogroup , decides otherwise . at the request of the parliament of the member state concerned , the commission shall present the published opinion to the parliament of the member state concerned and justify all its recommendations for adjustments of the proposed national budget before the parliament of the member state concerned takes a simple majority vote on this opinion to adopt it or reject it .


### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . ### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . the competent committee of the european parliament may offer the opportunity to the member state concerned to participate in an exchange of views .


### the commission opinion shall be made public and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### the commission opinion shall be made public . at the request of the parliament of the member state concerned , the commission shall present it to the parliament concerned , giving detailed reasons for the measures called for .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spill - overs from their budgetary policy . the sovereign debt crisis has also demonstrated the interlinkage between sovereign debt , financial stability and bank solvency . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro and should inform the esrb before the adoption of any major fiscal policy reform plans with potential spill - over effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area .


### in case of risks of non - compliance with the deadline to correct the excessive deficit , the commission shall address a recommendation to the member state concerned for adoption of further measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1 . the recommendation by the commission shall be made public , and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### in case of risks of non - compliance with the deadline to correct the excessive deficit , the commission shall address a recommendation to the member state concerned for adoption of further measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1 . the commission opinion shall be made public and presented to the eurogroup . at the request of the parliament of the member state concerned , it shall be presented by the commission to the parliament concerned .


### the commission shall , if necessary , adopt an opinion on the draft budgetary plan by 30 november . ### the commission shall , if necessary , adopt an opinion on the draft budgetary plan by 30 november . the commission should in this respect pay due attention to the implementation of the europe 2020 strategy for growth and jobs by the member state concerned .


### common budgetary provisions ### common budgetary provisions and information requirements on national public debt issuance


### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . ### the member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the member state shall also report on the implementation of the budgetary and economic partnership programme and the structural reforms necessary to ensure an effective and durable correction of its excessive debt . the report shall be made public .


### the projections at unchanged policies for expenditure and revenue as a percentage of gdp for the general government and their main components . ; ### the projections at unchanged policies for expenditure and revenue as a percentage of gdp for the general government and their main components ; these projections should focus both on current expenditure and investment expenditure .


### leniency corporate statements ; and ### all newly produced incriminating documents provided by a leniency applicant ; and


### injured parties and infringing undertakings should be encouraged to agree on compensating the harm caused by a competition law infringement through consensual dispute resolution mechanisms , such as out - of - court settlements , arbitration and mediation . where possible , such consensual dispute resolution should cover as many injured parties and infringing undertakings as possible . the provisions in this directive on consensual dispute resolution are therefore meant to facilitate the use of such mechanisms and increase their effectiveness . ### points out that national courts are often overburdened and that actions for damages can be a time consuming process . therefore , injured parties and infringing undertakings should be encouraged to agree on compensating the harm caused by a competition law infringement through consensual dispute resolution mechanisms , such as out - of - court settlements , arbitration and mediation . where possible , such consensual dispute resolution should cover as many injured parties and infringing undertakings as possible . as individual actions may not suffice , collective actions brought by genuine and qualified entities , such as consumer associations or trade organisations acting on behalf of individual claimant should be explicitly included in this directive .


### ‘ action for damages’ means an action under national law by which an injured party brings a claim for damages before a national court ; it may also cover actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court , where national law provides for this possibility ; ### ‘ action for damages’ means an action under national law by which an injured party brings a claim for damages before a national court ; it may also cover actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court ;


### ‘ action for damages’ means an action under national law by which an injured party brings a claim for damages before a national court ; it may also cover actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court , where national law provides for this possibility ; ### ‘ action for damages’ means an action under national law by which an injured party brings a claim for damages before a national court ; it may also cover actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court , where national law shall provide for this possibility especially in regards to collective redress ;


### in the absence of union rules on the quantification of harm caused by a competition law infringement , it is for the domestic legal system of each member state and for the national courts to determine what requirements the injured party has to meet when proving the amount of the harm suffered , how precisely he has to prove that amount , the methods that can be used in quantifying the amount and the consequences of not being able to fully meet the set requirements . however , these domestic requirements should not be less favourable than those governing similar domestic actions , nor should they render the exercise of the union right to damages practically impossible or excessively difficult . regard should be had in this respect to any information asymmetries between the parties and to the fact that quantifying the harm means assessing how the market in question would have evolved had there been no infringement . this assessment implies a comparison with a situation which is by definition hypothetical and can thus never be made with complete accuracy . it is therefore appropriate to give national courts the power to estimate the amount of the harm caused by the competition law infringement . ### in the absence of union rules on the quantification of harm caused by a competition law infringement , it is for the domestic legal system of each member state and for the national courts to determine what requirements the injured party has to meet when proving the amount of the harm suffered , how precisely he has to prove that amount , the methods that can be used in quantifying the amount and the consequences of not being able to fully meet the set requirements . however , these domestic requirements should not be less favourable than those governing similar domestic actions , nor should they render the exercise of the union right to damages practically impossible or excessively difficult . regard should be had in this respect to any information asymmetries between the parties and to the fact that quantifying the harm means assessing how the market in question would have evolved had there been no infringement . this assessment implies a comparison with a situation which is by definition hypothetical and can thus never be made with complete accuracy . it is therefore appropriate to give national courts the power to estimate the amount of the harm caused by the competition law infringement . in this estimation emphasise shall be given to the injured party ' s estimation of the harm .


### this directive reaffirms the acquis communautaire on the union right to compensation for harm caused by infringements of union competition law , particularly regarding standing and the definition of damage , as it has been stated in the case - law of the court of justice of the european union , and does not pre - empt any further development thereof . anyone who has suffered harm caused by an infringement can claim compensation for the actual loss , for the gain of which he has been deprived and payment of interest accruing from the time the harm occurred until compensation is paid . this right is recognised for any natural or legal person - consumers , undertakings and public authorities alike - irrespective of the existence of a direct contractual relationship with the infringing undertaking , and regardless of whether or not there has been a prior finding of an infringement by a competition authority . this directive should not require member states to introduce collective redress mechanisms for the enforcement of articles 101 and 102 of the treaty . ### this directive reaffirms the acquis communautaire on the union right to compensation for harm caused by infringements of union competition law , particularly regarding standing and the definition of damage , as it has been stated in the case - law of the court of justice of the european union , and does not pre - empt any further development thereof . anyone who has suffered harm caused by an infringement can claim compensation for the actual loss , for the gain of which he has been deprived and payment of interest accruing from the time the harm occurred until compensation is paid , without prejudice to the kind of interest recognised under national law . this right is recognised for any natural or legal person - consumers , undertakings and public authorities alike - irrespective of the existence of a direct contractual relationship with the infringing undertaking , and regardless of whether or not there has been a prior finding of an infringement by a competition authority .


### names , titles and functions of public office holders , civil servants and interest representatives in relation with their professional activities shall be disclosed unless , given the particular circumstances , disclosure would adversely affect the persons concerned . other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in ec legislation on the protection of individuals with regard to the processing of personal data . ### personal data shall not be disclosed if such disclosure would harm the privacy or the integrity of the person concerned . such harm does not arise : – if the data relate solely to the professional activities of the person concerned unless , given the particular circumstances , there is reason to assume that disclosure would adversely affect that person ; – if the data relate solely to a public person unless , given the particular circumstances , there is reason to assume that disclosure would adversely affect that person or other persons related to him or her ; – if the data have already been published with the consent of the person concerned . personal data shall nevertheless be disclosed if an overriding public interest requires disclosure . in such cases , the institution , body , office or agency shall be required to specify the public interest . it shall give reasons why , in the specific case , the public interest outweighs the interests of the person concerned . where an institution , body , office or agency refuses access to a document on the basis of paragraph 1 , it shall consider whether partial access to that document is possible .


### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment . ### the exceptions under paragraph shall apply unless there is an overriding public interest in disclosure . when balancing the public interest in disclosure , special weight shall be given to the fact that the requested documents relate to the protection of fundamental rights or to risks to human health .


### &#171 ; document&#187 ; means any content whatever its medium drawn - up by an institution and formally transmitted to one or more recipients or otherwise registered , or received by an institution ; data contained in electronic storage , processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic - format copy using the available tools for the exploitation of the system ; ### &#8220 ; document&#8221 ; shall mean any data or content whatever its medium concerning a matter relating to the policies , activities and decisions falling within the sphere of responsibility of an institution , body , office or agency ; information contained in electronic storage , processing and retrieval systems shall constitute a document or documents if it can be extracted in the form of one or more printouts or electronic - format copies using the available tools for the exploitation of the system ;


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society .


### member states shall ensure that a collecting society makes public the following information : ### member states shall ensure that a collective management organisation makes public the following information preferably through publicly accessible and searchable interfaces :


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collective management organisation or the rightholder . collective management organisations shall have the right to require the exclusive assignment of the rights in all works of their members .


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments without undue delay and no later than 6 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to the rightholders it represents . the collecting society shall carry out such distribution and payments without undue delay , but no later than six months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### licensing terms shall be based on objective criteria , in particular in relation to tariffs . ### licensing terms shall take into account objective criteria , in particular in relation to tariffs .


### the requirements under this title shall not apply to collecting societies which grant , on the basis of the voluntary aggregation of the required rights , in compliance with the competition rules under articles 101 and 102 tfeu , a multi - territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme . ### the requirements under this title shall not apply to collecting societies which grant , on the basis of the voluntary aggregation of the required rights , in compliance with the competition rules under articles 101 and 102 tfeu , a multi - territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before , simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme .


### the power to adopt delegated acts referred to in article 5 , article 6 and in article 8 shall be conferred on the commission for an indeterminate period of time from [ … ] [ publications office , please insert the exact date of entry into force ] . ### the power to adopt delegated acts referred to in article 5 , article 6 and in article 8 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable , open - access and secured platform for possible future in - vehicle applications or services .


### making the best use of unwanted catches of commercial stocks by : ### assisting their members to develop and implement measures to minimise and avoid unwanted catches of commercial stocks


### the date of catch of fishery products or harvest of aquaculture products ; ### the date of landing of fishery products , except for frozen products under point a ) of annex i , or the date of harvest of aquaculture products ;


### promoting viable fishing activities of their members in full compliance with the conservation policy laid down in the regulation on the common fisheries policy and environmental legislation ; ### promoting viable and sustainable fishing activities of their members in full compliance with the conservation policy laid down in the regulation on the common fisheries policy and environmental legislation ;


### producer organisations may create a collective fund to finance the production and marketing plans and the storage mechanism . ### producer organisations shall be allocated community financial assistance under the european maritime and fisheries fund to finance the production and marketing plans and the storage mechanism .


### they comply with the competition rules laid down in chapter vi ; ### they comply with the competition rules laid down in chapter v ;


### for the purposes of paragraph 1 a fishery producer organisation is deemed representative where it accounts for at least 65 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules . ### for the purposes of paragraph 1 a fishery producer organisation is deemed representative where it accounts for at least 30 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules


### before the beginning of each year , each producer organisation may individually make a proposal for a price triggering the storage mechanism referred to in article 35 for fishery products listed in annex ii . ### each producer organisation may individually make a proposal for a price that triggers the storage mechanism referred to in article 35 for fishery products listed in annex ii .


### each producer organisation may create a collective fund , which shall be used only to finance the following measures : ### the european maritime and fisheries fund shall be used only to finance the following measures :


### proceeds which were transferred to third parties by a convicted person or on his behalf , or by suspected or accused persons under the circumstances of article 5 , or ### proceeds which were transferred directly or indirectly to third parties , or


### the death or permanent illness of the suspected or accused person prevents any further prosecution ; or ### illness or permanent illness of the suspected or accused person , which results in the person being unfit to stand trial , prevents effective prosecution or where the statutory limitation period has expired due to the illness ,


### in proceedings referred to in article 4 , the suspected or accused person shall have an effective possibility to contest the probability on the basis of which the property concerned is considered to be proceeds . ### in proceedings referred to in article 4 , the convicted person shall have an effective possibility to contest the probability on the basis of which the property concerned is considered to be proceeds .


### ‘ confiscation’ means a penalty or a measure , ordered by a court following proceedings in relation to a criminal offence resulting in the final deprivation of property ; ### ' confiscation ' means a penalty or a measure , ordered by a court following proceedings resulting in the final deprivation of property ;


### proceeds which were transferred to third parties by a convicted person or on his behalf , or by suspected or accused persons under the circumstances of article 5 , or ### proceeds or instrumentalities which were transferred directly or indirectly to or acquired by third parties , or


### ' proceeds ' means any economic advantage derived from a criminal offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits ; ### ' proceeds ' means any direct economic advantage derived from a criminal offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits ;


### each member state shall adopt the necessary measures to enable it to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts , a court finds it substantially more probable that the property in question has been derived by the convicted person from similar criminal activities than from other activities . ### each member state shall adopt the necessary measures to enable competent authorities to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts such as that the value of property is disproportionate to the lawful income of the convicted person , a court finds it on the balance of probabilities that the property in question has been acquired unlawfully .


### each member state shall adopt the necessary measures to enable it to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts , a court finds it substantially more probable that the property in question has been derived by the convicted person from similar criminal activities than from other activities . ### each member state shall adopt the necessary measures to enable it to confiscate , either wholly or in part , property belonging to a person convicted of a criminal offence where , based on specific facts and after full utilization of all evidence a court is convinced that the property in question has been derived by the convicted person from similar criminal activities than from other activities .


### each member state shall take the necessary measures to make it possible to determine the precise extent of the property to be confiscated following a final conviction for a criminal offence or following proceedings as foreseen in article 5 , that has resulted in a decision to confiscate , and to allow further measures to be taken to the extent necessary to effectively execute that decision to confiscate . ### each member state shall take the necessary measures to make it possible to determine the precise extent of the property to be confiscated .


### the confiscation of proceeds or property referred to in paragraph 1 shall be possible where the property is subject to restitution or where ### the confiscation of proceeds or property referred to in paragraph 1 shall be possible where


### in the cases referred to in article 5 , the person whose property is affected by the decision to confiscate shall be represented by a lawyer throughout the proceedings in order to pursue the rights of the defence of the person relating to the establishment of the criminal offence and to the determination of the proceeds and instrumentalities . ### the person whose property is affected by the decision to confiscate shall have the right to be represented by a lawyer throughout the proceedings in order to pursue the rights of the defence of the person relating to the establishment of the criminal offence and to the determination of the proceeds and instrumentalities .


### the main motive for cross - border organised crime is financial gain . in order to be effective , law enforcement and judicial authorities should be given the means to trace , freeze , manage and confiscate the proceeds of crime . ### the main motive for most crime , and particularly cross - border organised crime , including mafia - type criminal organization , is financial gain . in order to be effective , appropriate competent authorities should be given the means to trace , freeze , manage and confiscate the proceeds of crime . however , effective prevention of and fight against organized crime should not be limited to the neutralization of the proceeds of crime but should be extended , in some cases , even to property in any way related to such criminal associations . it is not enough , therefore , merely to ensure mutual recognition in the eu of seizure and confiscation of proceeds of crime . an effective fight against economic crime would also require the mutual recognition of measures taken in a different field from that of criminal law or otherwise adopted in the absence of a criminal conviction and that they have as their object , more broadly , any possible asset or income attributable to a criminal organization or to a person with a criminal conduct or suspected to belong to a criminal organization .


### the proceeds or property were transferred for free or in exchange for an amount lower than their market value when the third party : ### the proceeds or property were transferred for free or in exchange for an amount significantly lower than their market value ;


### the issuance of confiscation orders generally requires a criminal conviction . in some cases , even where a criminal conviction cannot be achieved , it should still be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy . some member states allow confiscation where there is insufficient evidence for a criminal prosecution , if a court considers on the balance of probabilities that the property is of illicit origin , and also in situations where a suspect or accused person becomes a fugitive to avoid prosecution , is unable to stand trial for other reasons or died before the end of criminal proceedings . this is referred to as non - conviction based confiscation . provision should be made to enable non - conviction based confiscation in at least the latter , limited , circumstances in all member states . this is in line with article 54 . 1 . c ) of the united nations convention against corruption , which provides that each state party is to consider taking the necessary measures to allow confiscation of illicitly acquired property without a criminal conviction , including in cases in which the offender cannot be prosecuted by reason of death , flight or absence . ### the issuance of confiscation orders generally requires a criminal conviction . in some cases , even where a criminal conviction cannot be achieved , it should anyhow be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy . some member states allow confiscation where there is insufficient evidence for a criminal prosecution or regardless a criminal prosecution , if a court considers , on the balance of probabilities , that the property of a person socially dangerous or having a criminal lifestyle is of illicit origin or disproportionate if compared to his declared income , and also in situations where a suspect or accused person becomes a fugitive to avoid prosecution , is unable to stand trial for other reasons or died before the end of criminal proceedings . this is referred to as non - conviction based confiscation . provision should be made to enable non - conviction based confiscation in at least the above mentioned , limited , circumstances in all member states , including the mutual recognition to such non conviction - based orders . this is in line with article 54 . 1 . c ) of the united nations convention against corruption , which provides that each state party is to consider taking the necessary measures to allow confiscation of illicitly acquired property without a criminal conviction , including in cases in which the offender cannot be prosecuted by reason of death , flight or absence or in other appropriate cases .


### ‘ confiscation’ means a penalty or a measure , ordered by a court following proceedings in relation to a criminal offence resulting in the final deprivation of property ; ### ' confiscation ' means a measure , ordered by a court following proceedings in relation to a criminal offence resulting in the final deprivation of property ;


### other property of the convicted person , which was transferred to third parties in order to avoid confiscation of property the value of which corresponds to the proceeds . ### other property which was transferred to third parties in order to avoid confiscation of property the value of which corresponds to the proceeds .


### each member state shall ensure that the measures referred to in paragraph 1 optimise the economic value of such property , and shall include the sale or transfer of property which is liable to decline in value . ### each member state shall ensure that the measures referred to in paragraph 1 to frozen property optimise the economic value of such property , and shall include , only if necessary , the sale or transfer of property which is liable to decline in value . each member state shall take all the necessary measures to prevent any criminal infiltration in this phase .


### proceeds which were transferred to third parties by a convicted person or on his behalf , or by suspected or accused persons under the circumstances of article 5 , or ### proceeds which were transferred directly or indirectly to third parties , or


### commission proposal 2 . member states may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions . such conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , or restrictions with regard to the circumstances under which the right may be exercised . member states may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit . in any event , if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a special interest on the part of the consumer . where a member state lays down such conditions , these shall not make the exercise of the right referred to in paragraph 1 excessively difficult or onerous for the consumer . ### member states may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions . such conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , or restrictions with regard to the circumstances under which the right may be exercised . where a member state lays down such conditions , these shall not make the exercise of the right referred to in paragraph 1 excessively difficult or onerous for the consumer . member states may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit . in any event , if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a special interest on the part of the consumer .


### commission proposal without prejudice to procedures for the withdrawal of authorisation or to the right of member&#160 ; states to impose criminal sanctions , member&#160 ; states shall ensure , in conformity with their national law , that appropriate administrative measures can be taken or administrative sanctions imposed against persons responsible where the provisions adopted in the implementation of this directive have not been complied with . member&#160 ; states shall ensure that these measures are effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . those sanctions shall be effective , proportionate and dissuasive .


### unless other union legislation requires archiving for a longer period , the sponsor and the investigator shall archive the content of the clinical trial master file for at least five years after the end of the clinical trial . however , the medical files of subjects shall be archived in accordance with national legislation . ### unless other union legislation requires archiving for a longer period , the sponsor and the investigator shall archive the content of the clinical trial master file for at least twenty five years after the end of the clinical trial and , where a marketing authorisation has been granted for the investigational medicinal product tested , based on the clinical trial results , throughout the marketing authorisation life of any of the active principles having been investigated . however , the medical files of subjects shall be archived in accordance with national legislation .


### the assessment of the application for a clinical trial should address in particular the anticipated therapeutic and public health benefits and the risk and inconveniences for the subject . regarding the relevance , numerous aspects should be taken into account , including whether the clinical trial has been recommended or imposed by regulatory authorities in charge of the assessment and authorisation of the placing on the market of medicinal products . ### the assessment of the application for a clinical trial should address in particular the anticipated therapeutic and public health benefits and the risk and inconveniences for the subject . regarding the relevance , numerous aspects should be taken into account , such as the subpopulations to be studied and the potential differences in efficacy and / or safety for specific subpopulations notably gender and age differences , or whether the clinical trial has been recommended or imposed by regulatory authorities in charge of the assessment and authorisation of the placing on the market of medicinal products .


### the individuals involved in conducting the clinical trial , in particular investigators and other healthcare staff , should be sufficiently qualified to perform their tasks in a clinical trial and the facilities where the clinical trial is to be conducted should be suitable for the clinical trial . ### the individuals involved in conducting the clinical trial , in particular investigators and other healthcare professionals , should be sufficiently qualified to perform their tasks in a clinical trial and the facilities where the clinical trial is to be conducted should be suitable for the clinical trial .


### – the relevance of the clinical trial , taking account of the current state of scientific knowledge , and of whether the clinical trial has been recommended or imposed by regulatory authorities in charge of the assessment and authorisation of the placing on the market of medicinal products ; ### – the relevance of the clinical trial , ensuring that the group is relevant to the aimed population to be treated , and taking account of the current state of scientific knowledge , and of whether the clinical trial has been recommended or imposed by regulatory authorities in charge of the assessment and authorisation of the placing on the market of medicinal products ;


### the sponsor shall report electronically and without delay to the electronic database referred to in article 36 all relevant information about suspected unexpected serious adverse reactions to investigational medicinal products insofar as the suspected unexpected serious adverse reaction occurred in a clinical trial conducted by the sponsor , or occurred in a clinical trial related to the sponsor . ### the sponsor shall report electronically and without delay to the electronic database referred to in article 36 all relevant information about suspected unexpected serious adverse reactions to investigational medicinal products insofar as the suspected unexpected serious adverse reaction occurred in a clinical trial conducted by the sponsor , or occurred in a clinical trial related to the sponsor , in accordance with time limits set out in annex iii , points 2 . 4 and 2 . 5 .


### safety reporting with regard to auxiliary medicinal products shall be made in accordance with chapter 3 of directive 2001 / 83 / ec . ### safety reporting with regard to auxiliary medicinal products shall be made by the investigator in accordance with directive 2001 / 83 / ec .


### the investigator’s brochure shall be updated where new safety information becomes available , and at least once per year . ### the investigator’s brochure shall be updated whenever new and relevant safety information becomes available .


### the time period for reporting shall take account of the severity of the reaction . where necessary to ensure timely reporting , the sponsor may submit an initial incomplete report followed up by a complete report . ### the time period for reporting shall take account of the seriousness of the reaction . where necessary to ensure timely reporting , the sponsor may submit an initial incomplete report followed up by a complete report .


### – the reliability and robustness of the data generated in the clinical trial , taking account of statistical approaches , design of the trial and methodology ; ### – the reliability and robustness of the data generated in the clinical trial , taking account of statistical approaches , design of the trial , methodology and the prevalence of the condition , especially for rare diseases , and ultra - rare diseases .


### the investigator’s brochure shall be updated where new safety information becomes available , and at least once per year . ### the investigator’s brochure shall be updated whenever new safety information becomes available .


### for clinical trials other than low - intervention clinical trials , the sponsor shall ensure that compensation in accordance with the applicable laws on liability of the sponsor and the investigator is provided for any damage suffered by the subject . this damage compensation shall be provided independently of the financial capacity of the sponsor and the investigator . ### for clinical trials , the sponsor shall ensure that compensation in accordance with the applicable laws on liability of the sponsor and the investigator is provided for any damage suffered by the subject . this damage compensation shall be provided independently of the financial capacity of the sponsor and the investigator .


### where the member state concerned disagrees with the conclusion on the basis of point of the second subparagraph , it shall communicate its disagreement , together with a detailed justification based on scientific and socio - economic arguments , and a summary thereof , through the eu portal to the commission , to all member states , and to the sponsor . ### where the member state concerned disagrees with the conclusion on the basis of point of the second subparagraph , it shall communicate its disagreement , together with a detailed justification based on scientific and socio - economic arguments , and a summary thereof , through the eu portal to the commission , to all member states , and to the sponsor . the reasons for disagreement should be made publicly available .


### the audit authority shall , within six months of adoption of the operational programme , prepare an audit strategy for performance of audits . the audit strategy shall set out the audit methodology , the sampling method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years . the audit strategy shall be updated annually from 2016 until and including 2022 . the audit authority shall submit the audit strategy to the commission upon request . ### the audit authority shall , within six months of adoption of the operational programme , prepare an audit strategy for performance of audits . the audit strategy shall set out the audit methodology , the sampling method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years . the audit strategy shall be updated annually from 2016 until and including 2022 . the audit authority shall submit the audit strategy to the commission . the commission shall be empowered to request that the audit authority introduces changes to its audit strategy , which , in its view , are necessary for ensuring that audits are carried out in a proper manner , in accordance with the internationally accepted audit standards . in doing so the commission shall ensure that performance audit has been sufficiently taken into account .


### drawing up the annual accounts referred to in article 56 of the financial regulation ; ### drawing up the annual accounts referred to in article 59 of the financial regulation ;


### an audit opinion in accordance with article 56 of the financial regulation ; ### an audit opinion in accordance with article 59 of the financial regulation ;


### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess the effectiveness and sustainability of results obtained as well as to measure the added value of the fund . this ex post evaluation shall be completed by 31 december 2023 . ### at its own initiative and in close cooperation with the member states , the commission shall carry out , with the assistance of external experts , an ex - post evaluation , to assess the effectiveness and sustainability of results obtained as well as to measure the added value of the fund , with regard to the newly deprived people with negative income and homeowners in negative equity . this ex post evaluation shall be completed by 31 december 2023 .


### for each year from 2015 until and including 2022 , by 15 february of the year following the end of the accounting period , the designated bodies shall submit to the commission the following documents and information in accordance with article 56 of the financial regulation : the certified annual accounts of the relevant bodies designated pursuant to article 32 as referred to in article 56 of the financial regulation ; the management declaration as referred to in article 56 of the financial regulation ; an annual summary of the final audit reports and of controls carried out , including an analysis of the nature and extent of errors and of weaknesses , as well as corrective actions taken or planned ; an audit opinion by the designated independent audit body as referred in article 56 of the financial regulation , accompanied by a control report setting out the findings of the audits carried out relating to the accounting year covered by the opinion . ### for each year from 2015 until and including 2022 , by 15 february of the year following the end of the accounting period , the designated bodies shall submit to the commission the following documents and information in accordance with article 59 of the financial regulation : the certified annual accounts of the relevant bodies designated pursuant to article 32 as referred to in article 59 of the financial regulation ; the management declaration as referred to in article 59 of the financial regulation ; an annual summary of the final audit reports and of controls carried out , including an analysis of the nature and extent of errors and of weaknesses , as well as corrective actions taken or planned ; an audit opinion by the designated independent audit body as referred in article 59 of the financial regulation , accompanied by a control report setting out the findings of the audits carried out relating to the accounting year covered by the opinion ;


### a positive evaluation of the strategic phase carried out by the commission with the assistance of independent experts ; this evaluation shall cover the progress made towards the achievement of objectives and deliverables set out in article 2 and annex i ; ### the outcomes of the strategic phase described in article 2 , as well as the progress made towards the achievement of objectives and deliverables set out in annex i , section 2 ;


### it is essential that the research activities carried out under bonus - 169 conform to basic ethical principles , including those reflected in article 6 of the treaty on the european union and in the charter of fundamental rights of the european union , and follow the principles of gender mainstreaming and gender equality . ### it is essential that the research activities carried out under bonus conform to ethical principles in accordance with the general principles laid down in the seventh framework programme , and follow the principles of gender mainstreaming , gender equality and sustainable development .


### during the implementation phase , at least three joint calls for proposals shall be published and implemented in view of funding strategically targeted bonus - 169 projects addressing the objectives of the initiative . the topics shall originate from the bonus - 169 strategic research agenda , respect as much as possible the established roadmap and cover research , technological development , and training and / or dissemination activities . ### during the implementation phase , joint calls for proposals shall be published and implemented in view of funding strategically targeted bonus projects addressing the objectives of the initiative . the topics shall originate from the bonus strategic research agenda , respect as much as possible the established roadmap and cover research , technological development , and training and / or dissemination activities .


### launch at least three cross - thematic , strategically focussed and multi - partner joint calls for proposals ### launch cross - thematic , strategically focussed and multi - partner joint calls for proposals


### a positive evaluation of the strategic phase carried out by the commission with the assistance of independent experts ; this evaluation shall cover the progress made towards the achievement of objectives and deliverables set out in article 2 and annex i ; ### the outcomes of the strategic phase described in article 2 ; as well as the progress made towards the achievement of objectives and deliverables set out in annex i , section 2 ;


### the community financial contribution for the implementation phase shall be provided under the following conditions : ### the commission shall before the end of the strategic phase assess the following :


### in order to efficiently implement bonus - 169 , during the implementation phase , financial support should be granted to participants in bonus - 169 projects selected at the central level under the responsibility of the bonus eeig following calls for proposals . ### in order to efficiently implement bonus , during the implementation phase , financial support should be granted to participants in bonus projects selected at the central level under the responsibility of the bonus eeig following calls for proposals . the grant of such financial support to participants in bonus and its payment should be transparent and unbureaucratic .


### at the end of the strategic phase , the commission , assisted by independent expert should evaluate the maturity and the readiness of the initiative to enter the implementation phase . ### at the end of the strategic phase , the commission , assisted by independent expert should assess the quality of the strategic phase and , if appropriate , suggest improvements . the transition to the implementation phase should be seamless and without unnecessary delays .


### the community financial contribution and the cash contribution of the participating states to bonus - 169 shall be pooled and administered centrally by the bonus eeig . ### as a general rule , the community financial contribution and the cash contribution of the participating states to bonus shall be pooled and administered centrally by the bonus eeig . however , in justified cases , a participating state may devote its cash contribution exclusively to domestic research .


### a commitment by each participating state to contribute its share of the financing to bonus - 169 and the payment of cash and the effective provision of in kind infrastructure contribution when this is requested ; these commitments shall be included in a financing plan agreed by the competent national authorities in order to contribute to the joint execution of the bonus - 169 implementation phase ; ### a commitment by each participating state to contribute its share of the financing to bonus and the effective payment of their financial contribution , in particular the funding of participants in the bonus projects selected following the calls for proposals ;


### the implementation phase shall last for a minimum of five years . during the implementation phase at least three calls for proposals shall be published with a view to funding projects which address the objectives of the bonus - 169 . these calls shall be targeted at multi - partner and trans - national projects , and include research , technological development , training and dissemination activities . projects shall be selected according to the principles of equal treatment , transparency , independent evaluation , co - financing , no - profit , financing not cumulated with other community sources , as well as the principle of non - retroactivity . ### the implementation phase shall last for a minimum of five years . during the implementation phase the calls for proposals shall be published with a view to funding projects which address the objectives of the bonus . these calls shall be targeted at multi - partner and trans - national projects , and include research , technological development , training and dissemination activities . projects shall be selected according to the principles of equal treatment , transparency , independent evaluation , co - financing , no - profit , financing not cumulated with other community sources , as well as the principle of non - retroactivity .


### the bonus shall be managed by bonus eeig through its secretariat . bonus eeig shall establish the following structures for the purposes of bonus : steering committee , secretariat , advisory board , forum of sector research , and the forum of project coordinators . ### the bonus shall be managed by bonus eeig through its secretariat . bonus eeig has established the following structures for the purposes of bonus : steering committee , secretariat , advisory board , forum of sector research , and the forum of project coordinators .


### member states , as well as air traffic service providers shall cooperate to the fullest extent possible with each other in order to ensure compliance with this article . where relevant , cooperation may also include air traffic service providers from third countries taking part in functional airspace blocks . ### member states , national supervisory authorities as well as air traffic service providers shall cooperate to the fullest extent possible with each other , in order to ensure compliance with this article . where relevant , cooperation may also include national supervisory authorities and air traffic service providers from third countries taking part in functional airspace blocks ' .


### the national or functional airspace block plans referred to in paragraph 1 , shall be drawn up by national supervisory authorities and adopted by the member state . these plans shall include binding local targets and an appropriate incentive scheme as adopted by the member state . drafting of the plans shall be subject to consultation with air navigation service providers , airspace users ' representatives , and , where relevant , airport operators and airport coordinators . ### the national or functional airspace block plans referred to in paragraph 1 , shall be drawn up by national supervisory authorities and adopted by the member state . these plans shall include binding local targets and an appropriate incentive scheme as adopted by the member state . drafting of the plans shall be subject to consultation with the european commission , the performance review body , air navigation service providers , airspace users ' representatives , and , where relevant , airport operators and airport coordinators .


### member states shall take all necessary measures to ensure that , in accordance with this article , providers of support services can compete within the union on the basis of equitable , non - discriminatory and transparent conditions for the purpose of providing these services . ### member states shall take all necessary measures to ensure that , in accordance with this article , there are no statutory impediments to the providers of terminal air navigation and / or support services that would prevent their ability to compete within the union on the basis of equitable , non - discriminatory and transparent conditions for the purpose of providing these services .


### in choosing the provider of support services , in particular cost efficiency , overall service quality and safety of services shall be taken into account by the entity procuring those services . ### in cases of support services provided under market conditions , the entity procuring those services shall do so in accordance with directive 2004 / 18 / ec with particular focus on cost efficiency , overall service quality , interoperability and safety of services .


### in choosing the provider of support services , in particular cost efficiency , overall service quality and safety of services shall be taken into account by the entity procuring those services . ### in case of choosing an external provider of support services , in particular cost efficiency , overall service quality and safety of services shall be taken into account by the entity procuring those services .


### criteria to impose sanctions for non - compliance with the union - wide and associated local performance targets during the reference period and to support alert mechanisms ; ### criteria to impose sanctions and compensation mechanisms for non - compliance with the union - wide and associated local performance targets during the reference period and to support alert mechanisms ;


### in choosing the provider of support services , in particular cost efficiency , overall service quality and safety of services shall be taken into account by the entity procuring those services . ### in choosing the provider of support services , in particular cost efficiency , overall service quality , safety of services and transparency shall be binding selection criteria for the entity procuring those services . in particular , the awarding entity shall define quality targets related to the reliability and safety of the services , rewards and penalties applicable , parameters of financial compensations to be reflected into charging scheme and conditions related to the essential assets required for the provision of the services .


### to ensure the consistent and sound oversight of service provision across europe , the national supervisory authorities should be guaranteed sufficient independence and resources . this independence should not prevent those authorities from exercising their tasks within an administrative framework . ### to ensure the consistent , sound and independent oversight of service provision across europe , the national supervisory authorities should be guaranteed sufficient financial and human resources . this independence should not prevent those authorities from exercising their tasks within an administrative framework .


### criteria to impose sanctions for non - compliance with the union - wide and associated local performance targets during the reference period and to support alert mechanisms ; ### criteria defined in cooperation with the single sky committee referred to in article 27 to stimulate compliance with the union - wide and associated local performance targets and to impose sanctions in case of non - compliance during the reference period and to support alert mechanisms ;


### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial aid in the form of financial instruments and grants under this regulation are set out in article 15 of regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] . ### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial support in the form of financial instruments and grants under this regulation are as follows : projects of common interest falling within the categories set out in points 1 and 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] are eligible for union financial support in the form of grants for studies ; projects of common interest falling within the categories set out in points 1 and 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] which according to the business plan and other assessments carried out , notably by potential investors or creditors , are commercially viable but just below the risk rating that would lead to an investment decision are eligible for union financial support in the form of financial instruments for works ; projects of common interest falling within the categories set out in points 1 to and point 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be eligible for union financial support in the form of grants for works if they fulfil all of the following criteria : the project is commercially not viable according to the business plan and other assessments carried out , notably by potential investors or creditors . the decision on incentives and its justification referred to in article 14 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be taken into account when assessing the project ' s commercial viability ; the project has received a cross - border cost allocation decision pursuant to article 13 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] or , for projects that have received an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , an opinion from the competent national regulatory authorities and the agency on the commercial viability of the project ; the project specific cost - benefit analysis pursuant to article 13 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] provides evidence concerning the existence of at least one of the following significant positive externalities : - projects promoting the further integration of the internal energy market and the interoperability of electricity and gas networks across borders through interconnection of member states ' networks and removal of internal constraints , through enhancing cross - border transmission power in relation to installed energy generation capacity or through increased demand coverage between member states by reverse flow interconnectors for gas ; - projects that enhance the security of energy supply and / or solidarity by diversification of supply sources , supplying counter parts and routes , increasing storage capacity , prevention or reduction of disruptions , avoiding spillage of renewable energy due to a lack of cross - border connections or by reducing or eliminating member states ' energy isolation by connecting these markets with more diversified supply sources and / or by installing reverse flow interconnectors for gas ; - projects contributing to sustainable development and protection of the environment by ensuring transmission of renewable electricity from generation to major consumption centres and storage sites ; projects of common interest falling within the categories set out in points 1 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be eligible for union financial support in the form of grants for works if they are not commercially viable in accordance with point of point c of this article and can prove at least one of the positive externalities under point of point c of this article .


### the financial envelope for the implementation of the connecting europe facility for the period 2014 to 2020 shall be eur 50 000 000 0001 . that amount shall be distributed among the sectors referred to in article 3 as follows : transport : eur 31 694 000 000 , out of which eur 10 000 000 000 shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; energy : eur 9 121 000 000 ; telecommunications : eur 9 185 000 000 . __________________ 1all figures in constant 2011 prices . the corresponding amounts , expressed in current prices , can be found in the legislative financial statement . ### the estimated investment requirement for trans - european networks in the transport , energy and telecommunications sectors for the period up to 2020 is eur&#160 ; 970&#160 ; 000&#160 ; 000&#160 ; 000 . the financial envelope for the implementation of the connecting europe facility for the period 2014 to 2020 shall be [ eur 50 000 000 000 ] 1 . that amount shall be distributed among the sectors referred to in article 3 as follows : transport : [ eur 31 694 000 000 ] , out of which [ eur 10 000 000 000 ] shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; energy : [ eur 9 121 000 000 ] ; telecommunications : [ eur 9 185 000 000 ] . __________________ 1 pending agreement on the multiannual financial framework for the period 2014 - 2020 . all figures in constant 2011 prices . the corresponding amounts , expressed in current prices , can be found in the legislative financial statement .


### ‘ bottleneck’ means a physical barrier that leads to a system break affecting the continuity of long - distance flows . such a barrier can be absorbed by new infrastructure such as bridges or tunnels that address problems as for example gradients , curve radii , gauge . the need to upgrade existing infrastructure shall not be considered as a bottleneck ; ### ‘ bottleneck’ in the transport sector means a physical or technical barrier that leads to a system break affecting the continuity and disruption of long - distance and cross - border flows . such a barrier can be absorbed by creating new , or substantially upgrading existing infrastructure in order to increase its capacity such as bridges or tunnels that address problems as for example gradients , curve radii , gauge . the need to upgrade existing infrastructure shall not be considered as a bottleneck ;


### the european parliament in its resolution of 6 july 2010 on a sustainable future for transport emphasised that an efficient transport policy required a financial framework that was appropriate to the challenges arising and that , to that end , the current resources for transport and mobility should be increased ; it further considered necessary the creation of a facility to coordinate the use of different sources of transport funding , funds available under cohesion policy , public - private partnerships or other financial instruments such as guarantees . ### the european parliament in its resolution of 6 july 2010 on a sustainable future for transport emphasised that an efficient transport policy required a financial framework that was appropriate to the challenges arising and that , to that end , the current resources for transport and mobility should be increased , in the various budget lines relating to them ; it further considered necessary the creation of a facility to coordinate and optimise the use of different sources of transport funding and of all the financial means and mechanisms available at eu level .


### following the mid - term evaluation according to article 26 . 1 , the commission may transfer appropriations between the sectors of the allocation set out in paragraph 1 , with the exception of the eur 10 000 000 000 transferred from the cohesion fund to finance transport sector projects in the cohesion fund eligible member states . ### following the mid - term evaluation according to article 26 . 1 , the commission shall be empowered to adopt delegated acts in accordance with article 25 in order to transfer appropriations between the sectors of the allocation set out in paragraph 1 , with the exception of the eur [ 10 000 000 000 ] 1 transferred from the cohesion fund to finance transport sector projects in the cohesion fund eligible member states . __________________ 1 pending agreement on the multiannual financial framework for the period 2014 - - 2020 .


### ' bottleneck ' means a physical barrier that leads to a system break affecting the continuity of long - distance flows . such a barrier can be absorbed by new infrastructure such as bridges or tunnels that address problems as for example gradients , curve radii , gauge . the need to upgrade existing infrastructure shall not be considered as a bottleneck ; ### ' transport bottleneck ' means a physical and / or functional barrier that leads to a system break affecting the continuity of long - distance flows and which can be surmounted by creating new infrastructure


### the european rail traffic management system : the amount of union financial aid shall not exceed 50% of the eligible cost ; ### the european rail traffic management system , including both track - side equipment and onboard equipment , river information services and vessel traffic monitoring and information systems : the amount of union financial aid shall not exceed 50% of the eligible cost ;


### acting in accordance with the procedure referred to in paragraph 1 , the commission , when establishing multiannual and sectoral annual work programmes , shall establish the selection and award criteria in line with the objectives and priorities laid down : for transport in regulation no xxxx / 2012 [ ten - t guidelines ] ; for energy in regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] ; for telecommunications in regulation no xxxx / 2012 [ infso guidelines ] . ### acting in accordance with the procedure referred to in paragraph 1 , the commission , when establishing multiannual and sectoral annual work programmes , shall establish the selection and award criteria in line with the objectives and priorities laid down in articles 3 and 4 of this regulation and in regulation no xxxx / 2012 [ ten - t guidelines ] , no xxx 2012 [ guidelines for trans - european energy infrastructure ] or no xxx / 2012 infso guidelines ] . all projects shall be assessed on the basis of the following criteria : the maturity of the action in the project development and preparation stages and the soundness of the implementation proposed ; the leverage effect of union support on public and private investment and the single market ; the need to overcome specific financial obstacles and lack of market - finance , linked to the nature or urgency of the project ; the costs and benefits including economic , social , greenhouse gas and / or other environmental impacts , and accessibility ; for transports and for energy : the cross - border dimension .


### optimise the integration and interconnection of transport modes and enhancing interoperability of transport services . the achievement of this objective will be measured by the number of ports and airports connected to the railway network . ### optimise the integration and interconnection of transport modes . the achievement of this objective will be measured by the number of inland and maritime ports and airports connected to the railway network , and by the number of multimodal logistics platforms and ‘ motorways of the sea’ created .


### in the field of telecommunication , all actions implementing the projects of common interest and programme support actions set out in the annex of the regulation no xxxx / 2012 [ infso guidelines ] shall be eligible to receive union financial aid in the form of a grant , procurement and financial instruments under this regulation . ### in the field of telecommunication , only actions contributing to projects of common interest in accordance with regulation no xxx / 2012 [ telecom infrastructure guidelines ] , shall be eligible for support through union financial aid in the form of grants for generic services and horizontal priorities , including programme support actions , in the form of grants and procurement for core service platforms . actions in the field of broadband deployment , including actions generating demand for broadband , shall be eligible for union financial support in the form of financial instruments .


### inland transport connections to ports and airports , actions to reduce rail freight noise by retrofitting of existing rolling stock , as well as development of ports and multi - modal platforms : the amount of union financial aid shall not exceed 20% of the eligible cost . ### inland transport connections to ports , the development of motorways of the sea as well as development of ports and multi - modal platforms : the amount of union financial aid shall not exceed 30% of the eligible cost .


### on 28 march 2011 , the commission adopted the white paper ' ' a roadmap to a single transport area ― towards a competitive and resource - efficient transport system ' ' . the white paper aims at reducting by at least 60% the greeenhouse gas emissions of the transport sector by 2050 with respect to 1990 . as far as infrastructure is concerned , the white paper aims at establishing a fully functional and union - wide multimodal ten - t ‘ core network’ by 2030 . the white paper also aims at optimising the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes . therefore , it sets the following relevant targets for ten - t policy : 30% of road freight over 300 km should shift to other modes by 2030 , and more than 50% by 2050 ; the length of the existing high - speed rail network should triple by 2030 and by 2050 the majority of medium - distance passenger transport should go by rail ; by 2050 , all core network airports should be connected to the rail network ; all seaports to the rail freight and , where possible , to the inland waterway system . ### on 28 march 2011 , the commission adopted the white paper ' ' a roadmap to a single transport area ― towards a competitive and resource - efficient transport system ' ' . the white paper aims at reducing by at least 60% the greenhouse gas emissions of the transport sector by 2050 with respect to 1990 . as far as infrastructure is concerned , the white paper aims at establishing a fully functional and interoperable union - wide multimodal ten - t ‘ core network’ by 2030 . the white paper also aims at optimising the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes . therefore , it sets the following relevant targets for ten - t policy : 30% of road freight over 300 km should shift to other modes by 2030 , and more than 50% by 2050 ; the length of the existing high - speed rail network should triple by 2030 and by 2050 the majority of medium - distance passenger transport should go by rail ; by 2050 , all core network airports should be connected to the rail network ; all seaports to the rail freight and , where possible , to the inland waterway system .


### the financial envelope of the connecting europe facility may cover expenses pertaining to , preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives , in particular studies , meetings of experts , as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . the financial allocation may also cover the technical and administrative assistance expenses necessary to ensure the transition between the programme and the measures adopted under regulation no 680 / 2007 . if necessary , appropriations could be entered in the budget beyond 2020 to cover similar expenses , in order to enable the management of actions not yet completed by 31 december 2020 . ### the financial envelope of the connecting europe facility shall cover expenses pertaining to : actions in support of projects of common interest , as defined in article 7 of this regulation ; programme support actions , as defined in article 2 of this regulation , up to 1 . 5% ; the technical and administrative assistance expenses necessary to ensure the transition between the programme and the measures adopted under regulation no 680 / 2007 .


### co - financing rates mentioned above may be increased by up to 10 percentage points for actions having cross - sector synergies , reaching climate mitigation objectives , enhancing climate resilience or reducing the greenhouse gas emissions . this increase should not apply to co - financing rates referred to in article 11 . ### co - financing rates mentioned above may be increased by up to 10 percentage points over the percentages laid down in paragraphs 2 to 4 for the following actions : with synergies between at least two of the sectors covered by the cef . the amount of union financial aid shall be taken from the amounts allocated for each sector set out in article 5 , and weighted according to their relative involvement in the action . b ) any action helping to achieve objectives in the fields of climate mitigation , enhancing climate resilience or reducing greenhouse gas emissions . this increase should not apply to co - financing rates referred to in article 11 . the commission shall propose , in the annual and multiannual programmes under article 17 , the criteria for the granting of the cofinancing rates laid down in this article .


### any other financial instruments . ### other financial instruments , provided the following conditions are met : - conformity with regulation no xxxx / 2012 [ new financial regulation ] ; and - conformity with the objectives of this regulation ; this procedure may be applied by means of delegated acts , in accordance with article 25 of this regulation .


### based on an analysis of the transport infrastructure plans of member states , the commission estimates that investment needs in transport amount to eur 500 billion in the entirety of the ten - t network for the period 2014 - 2020 , of which an estimated eur 250 billion will need to be invested in the core network of the ten - t . given the resources available at union level , concentration on the projects with the highest european added value is necessary to achieve the desired impact . support should therefore be focussed on the core network and on the projects of common interest in the field of traffic management systems . ### based on an analysis of the transport infrastructure plans of member states , the commission estimates that investment needs in transport amount to eur 500 billion in the entirety of the ten - t network for the period 2014 - 2020 , of which an estimated eur 250 billion will need to be invested in the core network of the ten - t .


### the amount of financial aid to be granted to the actions selected will be modulated based on a cost - benefit analysis of each project , availability of budget resources , and the need to maximise the leverage of eu funding . ### the amount of financial aid to be granted to the actions selected may be modulated based on a cost - benefit analysis of each project , availability of budget resources , and the need to maximise the leverage of eu funding .


### applicable rules for the transport sector under this regulation shall apply to these specific calls . when implementing these calls , greatest possible priority shall be given to projects respecting the national allocations under the cohesion fund . ### applicable rules for the transport sector under this regulation shall apply to these specific calls . until 31 december 2016 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund . as of 1 january 2017 , resources transferred to the connecting europe facility which have not been committed to a transport infrastructure project , shall be made available to all member states eligible to the cohesion fund to finance transport infrastructure projects according to the regulation establishing the connecting europe facility .


### rail and inland waterways : the amount of union financial aid shall not exceed 20% of the eligible cost ; the funding rate may be increased to 30% for actions addressing bottlenecks ; the funding rate may be increased to 40% for actions concerning cross - border sections ; ### rail and inland waterways and motorways of the sea : the amount of union financial aid shall not exceed 30% of the eligible cost ; the funding rate may be increased to 40% for actions addressing bottlenecks ; the funding rate may be increased to 50% for actions concerning cross - border sections ;


### accelerating the deployment of fast and ultrafast broadband networks and their uptake , including by small and medium sized enterprises , to be measured by the level of broadband and ultrafast broadband coverage and the number of households having subscribed for broadband connections for above 100 mbps ; ### stimulating and generating the demand for fast and ultrafast broadband networks by promoting the interconnection and interoperability of national public services online as well as access to such networks , to be measured by the percentage of citizens and businesses using public services online and the availability of such services across borders . accelerating the deployment of fast and ultrafast broadband networks and their uptake through financial instruments in order to meet existing and rising demand , including by small and medium sized enterprises , to be measured by the level of broadband and ultrafast broadband coverage and the number of households having subscribed for broadband connections for above 100 mbps ;


### sines / lisboa – madrid – valladolid lisboa – aveiro – oporto aveiro – valladolid – vitoria – bordeaux – paris – mannheim / strasbourg ### sines / lisboa – madrid – valladolid lisboa – aveiro – oporto aveiro – valladolid – vitoria – bordeaux – paris – mannheim / strasbourg le havre – rouen – paris –mannheim / strasbourg


### ‘ programme support actions’ means accompanying measures necessary for the implementation of the connecting europe facility and individual sector specific guidelines , such as services , as well as preparatory , feasibility , coordination , monitoring , control , audit and evaluation activities which are required directly for the management of this facility and the achievement of its objectives , and in particular studies , meetings , information , infrastructure mapping , twinning , dissemination , awareness raising and communication actions , expenses linked to it networks focusing on information exchange , together with all other technical and administrative assistance expenses that may be required for the management of this facility or implementation of the individual sector specific guidelines ; ### ' programme support actions ' means all accompanying measures necessary for the implementation of the connecting europe facility and individual sector specific guidelines , such as services , as well as preparatory , feasibility , coordination , monitoring , control , audit and evaluation activities , which are required in order to facilitate the preparation of projects of common interests notably in cohesion countries in view of obtaining financing under this regulation or on the financial market , or directly for the management of this facility and the achievement of its objectives . this shall include in particular studies , meetings , information , infrastructure mapping , dissemination , awareness raising , communication and concerted actions , expenses linked to it networks focusing on information exchange about the facility , together with all other technical and administrative assistance expenses incurred by the commission that may be required for the management of this facility or implementation of the individual sector specific guidelines ;


### actions implementing the core network according to chapter iii of regulation no xxxx / 2012 [ ten - t guidelines ] , including the deployment of new technologies and innovation according to article 39 of regulation no xxxx / 2012 [ ten - t guidelines ] ; ### actions implementing the core network according to chapter iii of regulation no xxxx / 2012 [ ten - t guidelines ] , including the deployment of new technologies as well as innovation actions and approaches according to article 39 of regulation no xxxx / 2012 [ ten - t guidelines ] ;


### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . ### contribute to smart , sustainable and inclusive growth , in line with the europe 2020 strategy , by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness on the global market and economic , social and territorial cohesion within the single market , and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest .