### ‘ upgrading’ means any modification work on a subsystem or part of it which results in a change in the technical file accompanying the ' ec ' declaration of verification , if this technical file exists , and which improves the overall performance of the subsystem ; ### ) ‘ upgrading’ means any major modification work on a subsystem or part of it , or on a vehicle or part of it , which improves the overall performance of the subsystem ; each tsi specifies the ‘ major’ modifications for the subsystem or vehicle concerned ;


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorisation for placing on the market includes a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . this indication may be extended to other networks or lines , at the request of the original or another applicant , after the relevant authorisation for placing on the market has been issued .


### ‘ disabled person and person with reduced mobility’ shall include any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age . ### ‘ person with disabilities and person with reduced mobility’ shall include any person who has a permanent or temporary physical , mental , intellectual or sensory impairment which , in interaction with various barriers , may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age .


### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating their mutual acceptance in different member states and the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 .


### ‘ national rules’ means all binding rules containing railway safety or technical requirements imposed at member state level and applicable to railway undertakings , irrespective of the body issuing them ; ### ‘ national rules’ means all binding rules adopted at member state level , irrespective of the body issuing them , which contain railway safety or technical requirements imposed within a given member state in addition to european rules and which are applicable to railway actors ;


### ‘ vehicle’ means a railway vehicle suitable for circulation on its own wheels on railway lines , with or without traction , in a fixed or variable composition . a vehicle is composed of one or more structural and functional subsystems ; ### ‘ vehicle’ means a railway vehicle suitable for circulation on wheels on railway lines , with or without traction . a vehicle is composed of one or more structural and functional subsystems ;


### ‘ authorised representative’ means any natural or legal person established within the union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks ; ### ‘ authorised representative’ means any natural or legal person established within the union who has received a written mandate from a manufacturer or a contracting entity to act on his behalf in relation to specified tasks ;


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### the vehicle authorisation for placing on the market shall include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned .


### the registration holder shall immediately declare any modification to the data entered in the national vehicle register , the destruction of a vehicle or its decision to no longer register a vehicle , to the national safety authority of any member state where the vehicle has been placed in service . ### the registration holder shall immediately declare any modification to the data entered in the european vehicle register , the destruction of a vehicle or its decision to no longer register a vehicle , to the agency .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 1 , article 2 , article 7 to , article 11 , article 13 , article 14 to , article 15 to , articles 17 to 21 , article 22 to , articles 23 to 36 , article 37 , article 38 , article 39 , articles 41 to 43 , article 45 to , article 51 , and annexes i to iii by [ two years after the date of entry into force ] at the latest . they shall forthwith communicate to the commission the text of those measures and a correlation table between those measures and this directive . the correlation tables are needed to enable all actors concerned to clearly identify the relevant provisions applicable at national level for the implementation of this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 1 , article 2 , article 7 to , article 11 , article 13 , article 14 to , article 15 to , articles 17 to 21 , article 22 to , articles 23 to 36 , article 37 , article 38 , article 39 , articles 41 to 43 , article 45 to , article 51 , and annexes i to iii by [ twelve months after the date of entry into force ] at the latest . they shall forthwith communicate to the commission the text of those measures and a correlation table between those measures and this directive . the correlation tables are needed to enable all actors concerned to clearly identify the relevant provisions applicable at national level for the implementation of this directive .


### member states shall draw up , for each subsystem , a list of the national rules in use for implementing the essential requirements in the following cases : ### member states shall draw up , for each subsystem , a list of the national rules in use for implementing the essential requirements and / or acceptable national means of compliance in the following cases :


### ‘ renewal’ means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ; ### ‘ renewal’ means any major substitution work on a subsystem or vehicle or part thereof which does not change the overall performance of the subsystem or vehicle ; each tsi specifies the ‘ major’ renewals for the subsystem or vehicle concerned ;


### the agency shall take the decisions referred to in paragraph 2 within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . these authorisations shall be valid in all member states . ### the agency shall take the decisions referred to in paragraph 2 within a pre - determined , reasonable time , and , in any case , within four months from receipt of all the relevant information from the applicant . within one month from receipt of the information from the applicant , the agency shall indicate to the applicant whether the file is complete or not . any negative or restrictive decision made by the agency shall be duly substantiated . these authorisations shall be recognised and valid in all member states .


### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission shall establish , by means of implementing acts , the classification of the notified national rules in different groups with the aim of facilitating the cross - acceptance in different member states and the compatibility checks between fixed and mobile equipment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . the agency shall classify , in accordance with those implementing acts , the national rules notified in accordance with this article , and shall publish the corresponding register . that register shall also list any acceptable national means of compliance .


### tsis also have an impact on the conditions of use of rail transport by users , and it is therefore necessary to consult these users on aspects concerning them . ### tsis also have an impact on the conditions of use of rail transport by users , and it is therefore necessary to consult these users on aspects concerning them , including organisations of persons with disabilities .


### any vehicle placed in service in the union ' s rail system shall carry a european vehicle number assigned by the national safety authority competent for the relevant territory before the first placing in service of the vehicle . ### any vehicle placed in service in the union ' s rail system shall carry a european vehicle number assigned by the agency at the time of issuing the authorisation .


### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the national safety authority or the agency , a file describing the project . the national safety authority or the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the national safety authority and the agency shall take their decisions within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . ### in the event of renewal or upgrading of existing subsystems , the applicant shall send to the agency a file describing the project . the agency shall examine this file and shall decide , on the basis of the criteria set out in paragraph 5 , whether a new authorisation for placing in service is needed . the agency shall take its decision within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information from the applicant . within one month from receipt of the information , the agency shall indicate to the applicant whether the file is complete or not .


### sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified ; ### sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified as well as training on accessibility issues ;


### directive 2008 / 57 / ec , as amended by the directives listed in annex iv , part a , is repealed with effect from [ two years after the date of entry into force ] , without prejudice to the obligations of the member states relating to the time limits for the transposition into national law of the directives set out in annex iv , part b . ### directive 2008 / 57 / ec , as amended by the directives listed in annex iv , part a , is repealed with effect from [ twelve months after the date of entry into force ] , without prejudice to the obligations of the member states relating to the time limits for the transposition into national law of the directives set out in annex iv , part b .


### the united nations convention on the rights of persons with disabilities to which the union is a party establishes accessibility as one of its general principles and requires states parties to take appropriate measures to ensure to persons with disabilities access on an equal basis with others , including by developing , promulgating and monitoring the implementation of minimum standards and guidelines for accessibility . accessibility is therefore an important requirement for the interoperability of the rail system . ### the united nations convention on the rights of persons with disabilities to which the union is a party establishes accessibility as one of its general principles and requires states parties to take appropriate measures to ensure to persons with disabilities access on an equal basis with others , including by developing , promulgating and monitoring the implementation of minimum standards and guidelines for accessibility . accessibility for persons with disabilities and persons with reduced mobility is therefore an important requirement for the interoperability of the rail system .


### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . ### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to life cycle characteristics , such as a specific production process , including , for example , social and environmental aspects , a specific mode of provision of services , functional or performance requirements aimed at minimising or maximising environmental or social impacts , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the public contract . the rule concerning the link to the subject - matter should be interpreted broadly . accordingly , in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the technical specifications and award criteria , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may , for example , concern the protection of health of the staff involved in the production process , gender equality , access to vocational training , user involvement and consultation , affordability , human rights , ethical trade or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . for service contracts and for contracts involving the design of works , contracting authorities should also be free to use as technical specifications or award criteria the organisation , qualifications and experience of the staff assigned to performing the contract in question , as this may affect the quality and sustainability of contract performance and , as a result , the economic value of the tender . contracting authorities may also integrate into technical specifications or award criteria social considerations relating to external social costs directly linked to the life cycle , such as the impact of production on the surrounding environment and adjacent communities . contracting authorities should lay down in the technical specifications obligations relating to social and employment conditions , health and safety at the workplace , social security and working conditions , as laid down in eu and national laws , regulations or administrative provisions , arbitration rulings , collective agreements and contracts and the international labour law provisions listed in annex xiv , which apply in the place where the work , service or supply is performed ; these obligations should also apply in cross - border situations , where workers from one member state provide services in another member state .


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### the term of a framework agreement shall not exceed six years , save in exceptional cases duly justified , in particular by the subject of the framework agreement .


### rail freight transport ### rail transport


### without prejudice to national laws , regulations or administrative provisions on the remuneration of certain services , the criteria on which contracting entities shall base the award of contracts shall be one of the following : ### without prejudice to national laws , regulations or administrative provisions on the remuneration of certain services , the criterion on which contracting entities shall base the award of contracts shall be the most economically advantageous tender .


### member states may provide that contracting entities may apply innovation partnerships as regulated in this directive . member states may decide not to transpose into their national law innovation partnerships or to restrict the use of it to certain types of procurement . ### member states shall provide that contracting entities may apply innovation partnerships as regulated in this directive .


### those criteria shall include in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the contract in question , such as : ### those criteria shall include other criteria linked to the subject - matter of the public contract in question , such as :


### where a member state or , where the legislation of the member state concerned provides for it , a contracting entity considers that , on the basis of the criteria set out in article 27 and , a given activity is directly exposed to competition on markets to which access is not restricted , it may submit a request to establish that this directive does not apply to the award of contracts or the organisation of design contests for the pursuit of that activity . ### where a member state or , where the legislation of the member state concerned provides for it , a contracting entity considers that , on the basis of the criteria set out in article 27 and , a given activity is completely or partially , even with regard to single sectors or segments of it , directly exposed to competition on markets to which access is not restricted , it may submit a request to establish that this directive does not apply to the award of contracts or the organisation of design contests for the pursuit of that activity or of a single sector or segment of it .


### by reference to technical specifications and , in order of preference , to national standards transposing european standards , european technical approvals , common technical specifications , international standards , other technical reference systems established by the european standardisation bodies or - when those do not exist - national standards , national technical approvals or national technical specifications relating to the design , calculation and execution of the works and use of the supplies ; each reference shall be accompanied by the words ‘ or equivalent’ ; ### by reference to technical specifications and , in order of preference , and without discrimination as to development method , to national standards transposing european standards , european technical approvals , common technical specifications , international standards , other technical reference systems established by the european standardisation bodies or when those do not exist national standards , national technical approvals or national technical specifications relating to the design , calculation and execution of the works and use of the supplies ; each reference shall be accompanied by the words ' or equivalent ' ;


### contracts intended to enable the activity concerned to be carried out and design contests that are organised for the pursuit of such an activity shall cease to be subject to this directive in any of the following cases : ### contracts intended to enable the activity concerned , or a single sector or segment of it , to be carried out and design contests that are organised for the pursuit of such an activity , or a single sector or segment of it , shall cease to be subject to this directive in any of the following cases :


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation ; ### ' life cycle ' means all consecutive and / or interlinked stages of a product or a works or the provision of a service , from acquisition to use , maintenance , disposal , clearance and finalisation .


### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the notice used to make the call for competition , or in the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements — applicable during performance of the contract — to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation . ### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the notice used to make the call for competition , or in the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements — applicable during performance of the contract — to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation .


### contracting entities shall document the progress of all procurement procedures , whether or not the procedures are conducted by electronic means . to that end , they shall document all stages in the procurement procedure , including all communications with economic operators and internal deliberations , preparation of the tenders , dialogue or negotiation if any , selection and award of the contract . ### contracting entities shall document the progress of all procurement procedures , whether or not the procedures are conducted by electronic means . to that end , they shall document all stages in the procurement procedure , including all communications with economic operators , preparation of the tenders , dialogue or negotiation if any , selection and award of the contract .


### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 5% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications . ### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 15 % of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications .


### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must fulfil all of the following conditions : it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non - discriminatory criteria ; it has been established for repeated or continuous application ; it is accessible to all interested parties . ### where contracting authorities use a life - cycle costing approach , they shall indicate in the procurement documents the data to be provided by the tenderers and the method which the contracting authority will use to determine the life - cycle costs on the basis of these data .


### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . ### furthermore , in technical specifications , contracting authorities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the public contract and proportionate to the value and objectives of the contract .


### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must fulfil all of the following conditions : ### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the data to be provided by the tenderers and the method which the contracting authority will use to determine the life - cycle costs . the method used for the assessment of those life - cycle costs must fulfil all of the following conditions :


### those criteria shall include in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the contract in question , such as : ### those criteria shall include , in addition to the price , other criteria linked to the subject - matter of the public contract in question , such as :


### there is no private participation in the controlled legal person . ### the private participation in the controlled legal person does not exceed 50 % of its voting shares .


### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . ### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to life cycle characteristics , such as a specific production process , including , for example , social and environmental aspects , a specific mode of provision of services , functional or performance requirements aimed at minimising or maximising environmental or social impacts , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the public contract . the rule concerning the link to the subject - matter should be interpreted broadly . accordingly , in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the technical specifications and award criteria , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may , for example , concern the protection of health of the staff involved in the production process , gender equality , access to vocational training , user involvement and consultation , affordability , human rights , ethical trade or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . for service contracts and for contracts involving the design of works , contracting authorities should also be free to use as technical specifications or award criteria the organisation , qualifications and experience of the staff assigned to performing the contract in question , as this may affect the quality and sustainability of contract performance and , as a result , the economic value of the tender . contracting authorities may also integrate into technical specifications or award criteria social considerations relating to external social costs directly linked to the life cycle , such as the impact of production on the surrounding environment and adjacent communities . contracting authorities should lay down in the technical specifications obligations relating to social and employment conditions , health and safety at the workplace , social security and working conditions , as laid down in eu and national laws , regulations or administrative provisions , arbitration rulings , collective agreements and contracts and the international labour law provisions listed in annex xiv , which apply in the place where the work , service or supply is performed ; these obligations should also apply in cross - border situations , where workers from one member state provide services in another member state .


### those sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting entities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all costs over the life - cycle of a works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory . ### those sector - specific measures should be complemented by an adaptation of the public procurement directives empowering contracting entities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting entities should determine the most economically - advantageous tender using a costing approach based on life - cycle and sustainable production processes , in accordance with articles 9 , 10 and 11 of the treaty on the functioning of the european union which lay down the social and environmental protection conditions to be taken into account when determining and implementing eu policy . the notion of life - cycle costing includes all costs over the life - cycle of a works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory .


### the contracting entities shall notify the commission or the national oversight body at their request of all the categories of products or activities which they regard as excluded under paragraph 1 . the commission may periodically publish in the official journal of the european union , for information purposes , lists of the categories of products and activities which it considers to be covered by this exclusion . in so doing , the commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information . ### the contracting entities shall notify the commission of all the categories of products or activities which they regard as excluded under paragraph 1 . the commission may periodically publish in the official journal of the european union , for information purposes , lists of the categories of products and activities which it considers to be covered by this exclusion . in so doing , the commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information .


### compliance , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv or , where not applicable , with other provisions ensuring an equivalent level of protection ; ### compliance , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law , data protection law or environmental law or of the international social and environmental law provisions listed in annex xiv or , where not applicable , with other provisions ensuring an equivalent level of protection ;


### those sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting entities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all costs over the life - cycle of a works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory . ### these sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting authorities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting authorities can determine the most economically advantageous tender using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all internal costs over the life cycle of works , supplies or services .


### in view of the importance of the labour force survey ad hoc modules in support of union policies , a contribution by the union to the financing of their implementation is proposed through grant procedures , without calls for proposals . the grants shall be awarded to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for purposes of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be a principal means of simplifying grant management . ### in view of the importance of the labour force survey ad hoc modules in support of union policies , a contribution by the union to the financing of their implementation will be awarded through grant procedures , without calls for proposals . the grants shall be awarded to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for purposes of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be a principal means of simplifying grant management .


### by derogation from article 126 of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union , in view of the increased administrative burden related to the additional information to be collected for the labour force survey which will contribute to providing the indicators for three of the europe 2020 headline targets , it is necessary to cofinance the salary costs of the personnel of national administrations even if the relevant public authority would have carried out the supported action without an eu grant . ### by derogation from article 126 of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union , in view of the increased burden related to the additional information to be collected for the labour force survey ad hoc modules which will contribute to providing the indicators for the union policies , it is necessary to cofinance the salary costs of the personnel of national administrations even if the relevant public authority would have carried out the supported action without an eu grant .


### the power to adopt delegated acts referred to in article 4 and article 7a shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in article 4 and article 7a shall be conferred on the commission for a period of five years from …* . 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 . ______________ * oj : please insert the date of entry into force of this regulation .


### the cooperation shall be aimed at engaging with partners which share similar political , economic and institutional structures and values to the community and which are important bilateral partners and players in multilateral fora and in global governance . the cooperation also covers partners with which the community has a strategic interest in promoting links . ### the cooperation with partner countries shall be aimed at engaging with partners which share similar political , economic and institutional structures and values to the community and which are important bilateral partners and players in multilateral fora and in global governance . the cooperation also covers partners where the community wishes to promote its values of democracy , respect for human rights and fundamental freedoms , the rule of law , and respect for human dignity , freedom and , equality , including the rights of persons belonging to minorities .


### the union mrv system should also cover other climate relevant information allowing for the determination of ships ' efficiency or further analyse the drivers for the development of emissions . this scope also aligns the union mrv system with international initiatives to introduce efficiency standards for existing ships , also covering operational measures , and contributes to the removal of market barriers related to the lack of information . ### the union mrv system should also cover other climate relevant information in order to further analyse the drivers for the development of emissions . this scope also aligns the union mrv system with international initiatives to introduce efficiency standards for existing ships , also covering operational measures , and contributes to the removal of market barriers related to the lack of information .


### aggregated co2 emissions from all voyages between ports under a member state ' s jurisdiction ; ### aggregated co2 and nox emissions from all voyages between ports under a member state ' s jurisdiction ;


### the results of the stakeholder consultation and discussions with international partners indicate that a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment should be applied with the implementation of a robust mrv system for co2 emissions from maritime transport as a first step and the pricing of these emissions at a later stage . this approach facilitates making significant progress at international level on the agreement of greenhouse gas emission reduction targets and further measures to achieve these reductions at minimum cost . ### the results of the stakeholder consultation and discussions with international partners indicate that a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment should be applied with the implementation of a robust mrv system for greenhouse gas emissions from maritime transport as a first step and the introduction of new policy instruments , namely , pricing of the emissions or a levy , at a later stage . this approach facilitates making significant progress at international level on the agreement of greenhouse gas emission reduction targets and further measures to achieve these reductions at minimum cost .


### this regulation lays down rules for the accurate monitoring , reporting and verification of carbon dioxide emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of co2 emissions from maritime transport in a cost effective manner . ### this regulation lays down rules for the accurate monitoring , reporting and verification of greenhouse gas emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of greenhouse gas emissions from maritime transport in a cost effective manner .


### the direct emissions measurements may be used for voyages within the scope of this regulation and for emissions occurring in ports located in a member state ' s jurisdiction . co2 emitted shall include co2 emitted by main engines , auxiliary engines , boilers and inert gas generators . for ships on which reporting is based on this method , the fuel consumption shall be calculated using the measured co2 emissions and the applicable emission factor of the relevant fuels . ### the direct emissions measurements may be used for voyages within the scope of this regulation and for emissions occurring in ports located in a member state ' s jurisdiction . co2 and nox emitted shall include co2 and nox emitted by main engines , auxiliary engines , boilers and inert gas generators .


### other greenhouse gases , climate forcers or air pollutants should not be covered by the union mrv system at this stage to avoid requirements to install not sufficiently reliable and commercially available measurement equipment , which could impede the implementation of the union mrv system . ### the union mrv system is an opportunity to ensure coherent regulation of the shipping sector with regard to main air emissions . thus the mrv will require the monitoring of co2 , sox and nox contained in marpol annex vi . this is a necessary measure to ensure that the legislation enacted to reduce the growing adverse health effects from shipping air pollution is complied with , while avoiding requirements to install not sufficiently reliable and commercially available measurement equipment .


### in order to minimise the administrative burden for ship owners and operators , in particular for small and medium sized enterprises , and to optimise the benefits - costs - ratio of the mrv system without jeopardising the objective to cover a widely predominant share of greenhouse gas emissions from maritime transport , the rules for mrv should only apply to large emitters . a threshold of 5000 gross tonnage has been selected after detailed objective analysis of sizes and emissions of ships going to and coming from union ports . ships above 5000 gt account for around 55% of the number of ships calling into union ports and represent around 90% of the related emissions . this non - discriminatory threshold would ensure that that the most relevant emitters are covered . a lower threshold would result in higher administrative burden while a higher threshold would limit the coverage of emissions and thus the environmental effectiveness of the system . ### in order to ensure coherence of the union mrv system with annex vi of marpol , the rules for mrv should apply to ships above 400 gt . a threshold of 400 gt has been selected at international level after detailed objective analysis of sizes and emissions of ships . this non - discriminatory threshold would ensure a level playing field at international level .


### this regulation applies to ships above 5000 gross tons in respect of emissions released during their voyages from the last port of call to a port under the jurisdiction of a member state and from a port under the jurisdiction of a member state to their next port of call , as well as within ports under the jurisdiction of a member state . ### this regulation applies to ships above 400 gross tons in respect of emissions released during their voyages from the last port of call to a port under the jurisdiction of a member state and from a port under the jurisdiction of a member state to their next port of call , as well as within ports under the jurisdiction of a member state .


### total co2 emitted ; ### total co2 and nox emitted ;


### companies shall monitor and report for every ship the amount and type of fuel consumed during a calendar year within each port under the jurisdiction of a member state and for each voyage arriving to and departing from a port located under the jurisdiction of a member state in accordance with paragraphs 2 to 6 . ### companies shall monitor and report for every ship the amount and type of fuel consumed during a reporting period within all ports under the jurisdiction of a member state and for all voyages arriving to and departing from a port located under the jurisdiction of a member state in accordance with paragraphs 2 to 6 .


### according to data provided by the imo , the specific energy consumption and co2 emissions of ships could be reduced by up to 75% by applying operational measures and implementing existing technologies ; a significant part of those measures can be regarded as cost - effective as the reduced fuel costs ensure the pay - back of any operational or investment costs . ### according to data provided by the imo , the specific energy consumption and co2 emissions of ships could be reduced by 25 - 75 % by applying operational measures and implementing existing technologies ; a significant part of those measures can be regarded as cost - effective and being such that they could offer net benefits to the sector , as the reduced fuel costs ensure the pay - back of any operational or investment costs .


### the objective of the proposed action , namely to monitor , report and verify co2 emissions from ships as first step of a staged approach to reduce these emissions cannot be sufficiently achieved by the member states acting individually , due to the international nature of maritime transport and can therefore , by reason of scale and effects of the action , be better achieved at union level . the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### the objective of the proposed action , namely to monitor , report and verify greenhouse gas emissions from ships as first step of a staged approach to reduce these emissions and achieve the targets set out in the commission white paper ' roadmap to a single european transport area ' , cannot be sufficiently achieved by the member states acting individually , due to the international nature of maritime transport and can therefore , by reason of scale and effects of the action , be better achieved at union level . the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### in order to minimise the administrative burden for ship owners and operators , in particular for small and medium sized enterprises , and to optimise the benefits - costs - ratio of the mrv system without jeopardising the objective to cover a widely predominant share of greenhouse gas emissions from maritime transport , the rules for mrv should only apply to large emitters . a threshold of 5000 gross tonnage has been selected after detailed objective analysis of sizes and emissions of ships going to and coming from union ports . ships above 5000 gt account for around 55% of the number of ships calling into union ports and represent around 90% of the related emissions . this non - discriminatory threshold would ensure that that the most relevant emitters are covered . a lower threshold would result in higher administrative burden while a higher threshold would limit the coverage of emissions and thus the environmental effectiveness of the system . ### in order to ensure coherence with existing international law , in particular with marpol annex vi , the mrv system should apply to ships of 400 gt and above .


### technical efficiency of the ship or the estimated index value in accordance with imo resolution mepc . 215 , where applicable ) ### technical efficiency of the ship in accordance with imo resolution mepc . 215 , where applicable )


### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains setting up a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment . ### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains setting up a system for monitoring , reporting and verification of greenhouse gas emissions based on the fuel consumption of ships in order to collect aggregate data on such emissions as a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment .


### by 31 august 2017 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 5000 gt . ### by 31 august 2017 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 400 gt .


### co2 emissions per distance = total annual co2 emissions / total distance travelled ### co2 and nox , emissions per distance = total annual co2 and nox , emissions / total distance travelled


### the power to adopt delegated acts in order to supplement and amend the provisions of annexes i and ii to take into account up - to - date scientific evidence available , as well as the relevant data available on board of ships and the relevant international rules and internationally accepted standards , to identify the most accurate and efficient methods for monitoring of emissions , and to improve the accuracy of the information requested related to the monitoring and reporting of emissions is conferred on the commission subject to the conditions laid down under article 24 to the extent it concerns non - essential elements of this regulation . ### the power to adopt delegated acts in order to supplement and amend the provisions of annexes i and ii to take into account up - to - date scientific evidence available , as well as the relevant international rules and internationally accepted standards , to identify the most accurate and efficient methods for monitoring of emissions , and to improve the accuracy of the information requested related to the monitoring and reporting of emissions is conferred on the commission subject to the conditions laid down under article 24 only to the extent it concerns non - essential elements of this regulation .


### average energy efficiency shall be monitored by using at least four indicators , fuel consumption per distance , the fuel consumption per transport work , the co2 emissions per distance and the co2 emissions per transport work , which shall be calculated as follows : ### average energy efficiency shall be monitored by using two indicators , fuel consumption per distance and the co2 and nox , emissions per distance which shall be calculated as follows :


### average energy efficiency shall be monitored by using at least four indicators , fuel consumption per distance , the fuel consumption per transport work , the co2 emissions per distance and the co2 emissions per transport work , which shall be calculated as follows : ### average energy efficiency shall be monitored by using at least two indicators , fuel consumption per distance , the co2 , sox and nox emissions per distance , which shall be calculated as follows :


### this regulation lays down rules for the accurate monitoring , reporting and verification of carbon dioxide emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of co2 emissions from maritime transport in a cost effective manner . ### this regulation lays down rules for the accurate monitoring , reporting and verification of greenhouse gas emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of greenhouse gas emissions from maritime transport in a cost effective manner .


### the identification and type of the ship including the name of the ship , its international maritime organisation registration number , its port of registry or home port and the name of the ship owner ; ### the identification and type of the ship including the name of the ship , its international maritime organisation registration number , its port of registry or home port , the ice class of the ship , and the name of the ship owner ;


### for the purposes of article 4 , and , companies shall determine their emissions and other climate relevant information for each of their ships above 5000 gt in accordance with any of the methods set out in annex i . ### for the purposes of article 4 , and , companies shall determine their emissions and other climate relevant information for each of their ships above 400 gt in accordance with any of the methods set out in annex i .


### the commission shall be empowered to adopt delegated acts in accordance with [ article 25 of this regulation ] to specify the requirements for the monitoring and reporting of co2 emissions from maritime transport pursuant to articles 9 and 10 of regulation no xxxx / xxxx and taking into account , where applicable , relevant decisions adopted by the bodies of the unfccc and the kyoto protocol or agreements deriving from them or succeeding them or decisions adopted in the context of the international maritime organisation . ### the commission shall be empowered to adopt delegated acts in accordance with [ article 25 of this regulation ] to specify the requirements for the monitoring and reporting of co2 and nox emissions from maritime transport pursuant to articles 9 and 10 of regulation no xxxx / xxxx and taking into account , where applicable , relevant decisions adopted by the bodies of the unfccc and the kyoto protocol or agreements deriving from them or succeeding them or decisions adopted in the context of the international maritime organisation .


### co2 emissions per distance = total annual co2 emissions / total distance travelled ### co2 , sox and nox emissions per distance = total annual co2 , sox and nox emissions / total distance travelled


### other greenhouse gases , climate forcers or air pollutants should not be covered by the union mrv system at this stage to avoid requirements to install not sufficiently reliable and commercially available measurement equipment , which could impede the implementation of the union mrv system . ### the mrv system is an opportunity to ensure coherent regulation of the shipping sector with regard to other sectors , thus , it is necessary that the monitoring of nox also contained in marpol annex vi is included in the mrv while avoiding requirements to install not sufficiently reliable and commercially available measurement equipment .


### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains setting up a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the union ' s greenhouse gas reduction commitment . ### in order to reduce carbon dioxide emissions from shipping at union level the best possible option remains implementing market - based measures . the first essential step is to set up an ets system for maritime transport and a system for monitoring , reporting and verification of co2 emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the union’s greenhouse gas reduction commitment .


### by 31 august 2017 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 5000 gt . ### by 31 august 2015 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 400 gt .


### amount and emission factor for each type of fuel consumed in total and differentiated between fuel used inside and outside emission control areas ; ### amount and emission factor for each type of fuel consumed in total ;


### the direct emissions measurements may be used for voyages within the scope of this regulation and for emissions occurring in ports located in a member state ' s jurisdiction . co2 emitted shall include co2 emitted by main engines , auxiliary engines , boilers and inert gas generators . for ships on which reporting is based on this method , the fuel consumption shall be calculated using the measured co2 emissions and the applicable emission factor of the relevant fuels . ### the direct emissions measurements may be used for voyages within the scope of this regulation and for emissions occurring in ports located in a member state ' s jurisdiction . co2 and nox emitted shall include co2 and nox emitted by main engines , auxiliary engines , boilers and inert gas generators .


### in order to make use of the best available practices and scientific evidence , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of reviewing certain technical aspects of monitoring and reporting of co2 emissions from ships and of further specifying rules for the verification of emission reports and the accreditation of verifiers . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to make use of the best available practices and scientific evidence , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of reviewing certain technical aspects of monitoring and reporting of greenhouse gas emissions from ships and of further specifying rules for the verification of emission reports and the accreditation of verifiers . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### the objective of the proposed action , namely to monitor , report and verify co2 emissions from ships as first step of a staged approach to reduce these emissions cannot be sufficiently achieved by the member states acting individually , due to the international nature of maritime transport and can therefore , by reason of scale and effects of the action , be better achieved at union level . the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### the objective of the proposed action , namely to monitor , report and verify greenhouse gas emissions from ships as first step of a staged approach to reduce these emissions and achieve the targets set out in the commission white paper ' roadmap to a single european transport area ' , cannot be sufficiently achieved by the member states acting individually , due to the international nature of maritime transport and can therefore , by reason of scale and effects of the action , be better achieved at union level . the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### member states shall lay down a system of penalties for failure to comply with the monitoring and reporting requirements set out in articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are applied . the penalties provided for shall be no less stringent than those foreseen under national legislation on greenhouse gas emissions in case of non - compliance with reporting obligations by operators and be effective , proportionate and dissuasive . member states shall notify these provisions to the commission by 1 july 2017 , and shall notify any subsequent amendments affecting these provisions to the commission without delay . ### member states shall lay down a system of penalties for failure to comply with the monitoring and reporting requirements set out in articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are applied . the penalties provided for shall be no less stringent than those foreseen under national legislation on greenhouse gas emissions in case of non - compliance with reporting obligations by operators and be effective , proportionate and dissuasive . member states shall notify these provisions to the commission by 1 july 2015 , and shall notify any subsequent amendments affecting these provisions to the commission without delay .


### all intra - union voyages , all incoming voyages from the last non - union port to the first union port of call and all outgoing voyages from a union port to the next non - union port of call should be considered relevant for purposes of monitoring . co2 emissions in union ports including when ships are at berth or move within a port , should be covered as well , in particular as specific measures for their reduction or avoidance are available . these rules should be applied in a non - discriminatory manner to all ships regardless of their flag . ### all intra - union voyages , all incoming voyages from the last non - union port to the first union port of call and all outgoing voyages from a union port to the next non - union port of call should be considered relevant for purposes of monitoring . greenhouse gas emissions in union ports including when ships are at berth or move within a port , should be covered as well , in particular as specific measures for their reduction or avoidance are available . these rules should be applied in a non - discriminatory manner to all ships regardless of their flag .


### this method is based on the determination of co2 emission flows in exhaust gas stacks by multiplying the co2 concentration of the exhaust gas with the exhaust gas flow . ### this method is based on the determination of co2 and nox emission flows in exhaust gas stacks by multiplying the co2 and nox concentration of the exhaust gas with the exhaust gas flow .


### this regulation does not apply to warships , naval auxiliaries , fish catching or processing ships , wooden ships of a primitive build , ships not propelled by mechanical means and government ships used for non - commercial purposes . ### this regulation does not apply to warships , naval auxiliaries , wooden ships of a primitive build , ships not propelled by mechanical means and government ships used for non - commercial purposes .


### in order to minimise the administrative burden for ship owners and operators , in particular for small and medium sized enterprises , and to optimise the benefits - costs - ratio of the mrv system without jeopardising the objective to cover a widely predominant share of greenhouse gas emissions from maritime transport , the rules for mrv should only apply to large emitters . a threshold of 5000 gross tonnage has been selected after detailed objective analysis of sizes and emissions of ships going to and coming from union ports . ships above 5000 gt account for around 55% of the number of ships calling into union ports and represent around 90% of the related emissions . this non - discriminatory threshold would ensure that that the most relevant emitters are covered . a lower threshold would result in higher administrative burden while a higher threshold would limit the coverage of emissions and thus the environmental effectiveness of the system . ### in order to ensure coherence of the union mrv system with annex vi of marpol , the rules for mrv should apply to ships above 400 gt . a threshold of 400 gt has been selected at international level after detailed objective analysis of sizes and emissions of ships . this non - discriminatory threshold would ensure a level playing field at international level .


### annual co2 emissions ; ### annual co2 and nox emissions ;


### this regulation lays down rules for the accurate monitoring , reporting and verification of carbon dioxide emissions and other climate relevant information from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of co2 emissions from maritime transport in a cost effective manner . ### this regulation lays down rules for the accurate monitoring , reporting and verification of carbon dioxide emissions from ships arriving at , within or departing from ports under the jurisdiction of a member state in order to promote the reduction of co2 emissions from maritime transport in a cost effective manner .


### ' emissions ' means the release of co2 into the atmosphere by ships as provided for in article 2 ; ### ' emissions ' means the release of co2 and nox into the atmosphere by ships as provided for in article 2 ;


### average energy efficiency shall be monitored by using at least four indicators , fuel consumption per distance , the fuel consumption per transport work , the co2 emissions per distance and the co2 emissions per transport work , which shall be calculated as follows : ### average energy efficiency shall be monitored by using two indicators , fuel consumption per distance and the co2 and nox , emissions per distance which shall be calculated as follows :


### the power to adopt delegated acts in order to supplement and amend the provisions of annexes i and ii to take into account up - to - date scientific evidence available , as well as the relevant data available on board of ships and the relevant international rules and internationally accepted standards , to identify the most accurate and efficient methods for monitoring of emissions , and to improve the accuracy of the information requested related to the monitoring and reporting of emissions is conferred on the commission subject to the conditions laid down under article 24 to the extent it concerns non - essential elements of this regulation . ### the power to adopt delegated acts in order to supplement and amend the provisions of annexes i and ii to take into account up - to - date scientific evidence available , as well as the relevant international rules and internationally accepted standards , to identify the most accurate and efficient methods for monitoring of emissions , and to improve the accuracy of the information requested related to the monitoring and reporting of emissions is conferred on the commission subject to the conditions laid down under article 24 only to the extent it concerns non - essential elements of this regulation .


### co2 emissions which occurred within ports under a member state ' s jurisdiction at berth ; ### co2 and nox emissions which occurred within ports under a member state ' s jurisdiction at berth ;


### ‘ other climate - relevant information’ means information related to the consumption of fuels , transport work and energy efficiency of ships which allow for analysing emission trends and assessing ships ' performances ; ### ' other climate - relevant information ' means information related to co2 emissions from the consumption of fuels , distance sailed and energy efficiency of ships which allow for analysing emission trends and indicating shipping performances ;


### ‘ specialist’ means any person possessing uncommon knowledge essential and specific to the host entity , taking account not only of knowledge specific to the host entity , but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge ; ### ‘ specialist’ means any person possessing uncommon knowledge essential to the host entity , taking account not only of knowledge specific to the host entity , but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge ;


### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ; ### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory , for occupational or training purposes ;


### provide evidence that he or she has the professional qualifications needed in the member state to which he or she has been admitted for the position of manager or specialist or , for graduate trainees , the higher education qualifications required ; ### provide evidence that he or she has the professional qualifications or higher education qualifications needed in the member state to which he or she has been admitted for the position of manager or specialist or , for graduate trainees , the professional qualifications and corresponding professional experience or the higher education qualifications required ;


### ‘ manager’ means any person working in a senior position , who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ; ### ‘ manager’ means any person working in a senior position , who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ;


### ‘ holder of the registration certificate’ means the person in whose name a vehicle is registered in a member state ; ### ' holder of the registration certificate ' means the natural or legal person in whose name a vehicle is registered in a member state , or a natural or legal person who has contractually taken temporary keepership of the vehicle ;


### for the purposes of paragraph 1 , vehicle registration authorities shall use the software application as set out in annex ii . ### for the purposes of paragraph 1 , vehicle registration authorities shall use the european vehicle and driving licence information system , as set out in annex ii , which shall be updated to meet the requirements of this regulation .


### any decision taken by a vehicle registration authority refusing to register a vehicle registered in another member state shall be duly substantiated . the person concerned may within a period of one month from receipt of the negative decision request the competent vehicle registration authority to review the decision . that request shall include reasons for such review . within one month from receipt of that request , the competent vehicle registration authority shall confirm or reverse its decision . ### any decision taken by a vehicle registration authority refusing to register a vehicle registered in another member state shall be duly substantiated and shall include information about the appeal procedure and time limits . the person concerned may within a period of six weeks from receipt of the negative decision request that the competent authority review the decision . that request shall include reasons for such review . within six weeks from receipt of that request , the competent vehicle registration authority shall confirm or reverse its decision . upon refusal of registration , the member state that has refused the registration shall send information on refusal to the member state where the vehicle was previously registered , in accordance with article 7 .


### vehicle registration authorities may only carry out physical checks of the vehicle registered in another member state prior to its registration in any of the following cases : ### vehicle registration authorities may identify a vehicle before they register a vehicle from another member state . vehicle registration authorities may only carry out technical inspections of the vehicle registered in another member state prior to its registration in any of the following cases :


### a vehicle registration authority may issue one or several professional vehicle registration certificates to any undertaking that complies with the following criteria : it is established on its territory ; it distributes vehicles or provides repair , maintenance or testing services for vehicles ; it has a good reputation and has the requisite professional competence . ### a vehicle registration authority may issue one or several professional vehicle registration certificates to manufacturers of vehicles , manufacturers of vehicle parts , automotive repair shops , dealers , technical services and inspection authorities .


### the delegation of power referred to in article 10 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in article 10 shall be conferred on the commission 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 three 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 council opposes such extension not later than six months before the end of each period .


### vehicle registration authorities may only carry out physical checks of the vehicle registered in another member state prior to its registration in any of the following cases : ### vehicle registration authorities shall identify a vehicle before they register a vehicle from another member state . vehicle registration authorities may only carry out technical inspections of the vehicle registered in another member state prior to its registration in any of the following cases :


### in developing countries , as defined in the organisation for economic cooperation and development list of official development assistance recipients , eib financing operations shall contribute indirectly to the objectives of the union policy in development cooperation as referred to in article 208 tfeu . ### in developing countries , as defined in the organisation for economic cooperation and development list of official development assistance recipients , eib financing operations shall contribute to the objectives of the union policy in development cooperation as referred to in article 208 tfeu .


### unless confidentiality requirements apply , any memoranda of understanding between the eib and other european financial institutions or international financial institutions having a bearing on eib financing operations under this decision . ### any memoranda of understanding between the eib and other european financial institutions or international financial institutions having a bearing on eib financing operations under this decision .


### while the eib ' s strength remains its distinctiveness as an investment bank , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . in particular , in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support indirectly the achievement of the un ' s 2015 millennium development goals in all regions where it is active . ### while the eib ' s strength remains its distinctiveness as an investment bank , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . careful consideration should therefore be given when placing countries in annex iii to those countries ' records regarding democracy , human rights and fundamental freedoms , regardless of whether eu sanctions or restrictive measures are in force . in particular , in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support the achievement of the un ' s 2015 millennium development goals in all regions where it is active .


### the eib shall carry out thorough due diligence and , where appropriate and in line with union social and environmental principles , require appropriate local public consultation , on development - related aspects of investment projects covered by the eu guarantee . ### the eib shall carry out thorough due diligence in line with the principles of union social and environmental legislation , require appropriate local public consultation , on development - related aspects of investment projects covered by the eu guarantee .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . over the period covered by the decision , the volume of these operations shall represent at least 40% of total eib financing operations .


### the eib should also continue to finance investment projects in support of climate change mitigation and adaptation , to further the promotion of the union ' s climate goals on a global scale . ### the eib should also increase its financing of investment projects in support of climate change mitigation and adaptation , in particular in the arctic region , to further the promotion of the union ' s climate goals on a global scale .


### the certification body shall be a public or private audit body designated by the member state which shall provide an opinion on the management declaration of assurance covering the completeness , accuracy and veracity of the annual accounts of the paying agency , the proper functioning of its internal control system , the legality and regularity of the underlying transactions , as well as the respect of the principle of sound financial management . ### the certification body shall be a public or private audit body designated by the member state which shall provide an opinion , drawn up in accordance with internationally accepted audit standards , following risk - based controls and taking into account the past performance of the member state , on the management declaration of assurance covering the completeness , accuracy and veracity of the annual accounts of the paying agency , the proper functioning of the control systems , the legality and regularity of the underlying transactions , as well as the respect of the principle of sound financial management . this opinion shall state , inter alia , whether the examination puts in doubt the assertions made in the management declaration of assurance referred to in article 7 .


### the eu’s economic prosperity and well - being is underpinned by its natural capital , which includes ecosystems that provide essential goods and services , from fertile soil and multi - functional forests to productive land and seas , from fresh water and clean air to pollination , flood control and climate regulation and protection against natural disasters . a substantial body of eu legislation seeks to protect , conserve and enhance natural capital , including the water framework directive , the marine strategy framework directive , the air quality and related directives and the habitats and birds directives . legislation to tackle climate change , chemicals , industrial emissions and waste also contribute to easing the pressures on biodiversity , including ecosystems , species and habitats . ### the eu’s economic prosperity and well - being is underpinned by its natural capital , i . e . its biodiversity , including ecosystems that provide essential goods and services , from fertile soil and multi - functional forests to productive land and seas , from fresh water and clean air to pollination , flood control and climate regulation and protection against natural disasters . a substantial body of eu legislation seeks to protect , conserve and enhance natural capital , including the water framework directive , the urban wastewater directive1 , the nitrates directive2 , the marine strategy framework directive , the air quality and related directives and the habitats and birds directives . legislation to tackle climate change , chemicals , industrial emissions and waste also contribute to easing the pressures on biodiversity , including ecosystems , soil and species and habitats . __________________ 1 directive 91 / 271 / eec . 2 directive 91 / 676 / eec .


### turning waste into a resource , as called for in the resource efficiency roadmap , requires the full implementation of eu waste legislation across the eu , based on strict application of the waste hierarchy and covering different types of waste . additional efforts are needed to : reduce per capita waste generation in absolute terms , limit energy recovery to non - recyclable materials , phase out landfilling , ensure high quality recycling , and develop markets for secondary raw materials . hazardous waste will need to be managed so as to minimise significant adverse effects on human health and the environment , as agreed at the rio + 20 summit . to achieve this , market - based instruments that privilege prevention , recycling and re - use should be applied much more systematically across the eu . barriers facing recycling activities in the eu internal market should be removed and existing prevention , re - use , recycling , recovery and landfill diversion targets reviewed so as to move towards a ‘ circular’ economy , with a cascading use of resources and residual waste close to zero . ### turning waste into a resource , by achieving near zero residual waste by 2020 , as called for in the resource efficiency roadmap , requires the full implementation and strengthening of eu waste legislation across the eu , based on strict application of the waste hierarchy and covering different types of waste . additional efforts , including prevention , are needed to achieve a significant reduction of waste per capita per annum in absolute terms , limit energy recovery to non - recyclable and non - compostable materials , phase out landfilling , except for certain hazardous waste where landfilling would represent the safest disposal method , promote reuse , ensure high quality recycling and non - toxic material cycles , and develop markets for secondary raw materials . hazardous waste will need to be managed so as to minimise significant adverse effects on human health and the environment , as agreed at the rio + 20 summit . to achieve this , market - based instruments that privilege prevention , recycling and re - use should be applied much more systematically across the eu . thereby not spending any more public money on landfill infrastructure in the next multi - annual financial framework . barriers facing recycling activities in the eu internal market should be removed and existing prevention , re - use , recycling , recovery and landfill diversion targets reviewed so as to move towards a ‘ circular’ economy , with a cascading use of resources and residual waste close to zero .


### fully implementing the eu biodiversity strategy . ### fully implementing the eu biodiversity strategy without further delay .


### the loss of biodiversity and the degradation of ecosystem services are halted and ecosystems and their services are maintained and enhanced . ### the loss of biodiversity and the degradation of ecosystem services are halted and ecosystems and their services are maintained , restored and enhanced , in particular through the full implementation and effective conservation of the natura 2000 network supported by prioritized action frameworks , and the implementation of the ' no nett loss principle ' .


### fully implementing eu waste legislation . this will include applying the waste hierarchy and the effective use of market - based instruments and measures to ensure that landfilling is effectively phased out , energy recovery is limited to non - recyclable materials , recycled waste is used as a major , reliable source of raw material for the eu , hazardous waste is safely managed and its generation is reduced , illegal waste shipments are eradicated and internal market barriers for environmentally - sound recycling activities in the eu are removed . ### fully implementing eu waste legislation and achieving near zero waste by 2020 . this will include applying the waste hierarchy and the effective use of market - based instruments and measures to reduce the generation of waste , to promote reuse , to ensure high quality recycling and non - toxic material cycles so that waste can be used as a major , reliable source of raw material for the eu , there is a high - quality source segregation system in place , energy recovery is limited to non - recyclable and non - compostable materials , landfilling is effectively phased out , except for certain hazardous waste where landfilling would represent the safest disposal method , and the generation of hazardous waste is significantly reduced and otherwise safely managed . illegal waste shipments are eradicated and internal market barriers for environmentally - sound recycling activities in the eu are removed . it will require the systematic setting of ambitious recycling , re - use and prevention targets in all eu waste policies .