### by 2020 , nanotechnologies will be mainstreamed , that is seamlessly integrated with most technologies and applications , driven by consumer benefits , quality of life , sustainable development and the strong industrial potential for achieving previously unavailable solutions for productivity and resource efficiency . ### by 2015 , the commission will review all relevant legislation to ensure safety for all applications of nanomaterials in products with potential health , environmental or safety impacts over their life cycle . by 2020 , nanotechnologies will be mainstreamed , that is seamlessly integrated with most technologies and applications , driven by consumer benefits , quality of life , sustainable development and the strong industrial potential for achieving previously unavailable solutions for productivity and resource efficiency .


### aiming at fundamentally new products enabling sustainable solutions in a wide range of sectors . ### aiming at fundamentally new products enabling sustainable solutions in a wide range of sectors , in particular electronics , medicine , new energy sources and materials .


### a considerably increased exploitation of data from european satellites can be achieved if a concerted effort is made to coordinate and organise the processing , validation and standardisation of space data . innovations in data handling and dissemination can also ensure a higher return on investment of space infrastructure , and contribute to tackling societal challenges , in particular if coordinated in a global effort such as through global earth observation system of systems , the european satellite navigation programme galileo or ipcc for climate change issues . ### a considerably increased exploitation of data from european satellites can be achieved if a concerted effort is made to coordinate and organise the processing , validation and standardisation of space data . innovations in data handling and dissemination can also ensure a higher return on investment of space infrastructure , and contribute to tackling societal challenges , in particular if coordinated in a global effort such as through global earth observation system of systems , the european satellite navigation programme galileo or ipcc for climate change and ocean monitoring issues .


### however , smes have – despite their important economic and employment share and significant innovation potential – size - related problems to become more innovative and more competitive . although europe produces a similar number of start - up companies than the united states of america , european smes are finding it much harder to grow into large companies than their us counterparts . the internationalised business environment with increasingly interlinked value chains puts further pressure on them . smes need to enhance their innovation capacity . they need to generate , take up and commercialise new knowledge and business ideas faster and to a greater extent to compete successfully on fast evolving global markets . the challenge is to stimulate more innovation in smes , thereby enhancing their competitiveness and growth . ### however , smes have – despite their important economic and employment share and significant innovation potential – size - related problems to become more innovative and more competitive . although europe produces a similar number of start - up companies than the united states of america , european smes are finding it much harder to grow into large companies than their us counterparts . the internationalised business environment with increasingly interlinked value chains puts further pressure on them . smes need to enhance their innovation capacity and to have ready access to different forms of financial support . they need to generate , take up and commercialise new knowledge and business ideas faster and to a greater extent to compete successfully on fast evolving global markets . the challenge is to stimulate more innovation in smes , thereby enhancing their competitiveness and growth .


### lifelong health and wellbeing for all , high - quality and economically sustainable health and care systems , and opportunities for new jobs and growth are the aims of support to research and innovation in response to this challenge and will make a major contribution to europe 2020 . ### lifelong mental and physical health and wellbeing for all , high - quality and economically sustainable health and care systems , and opportunities for new jobs and growth are the aims of support to research and innovation in response to this challenge and will make a major contribution to europe 2020 .


### disease and disability are not stopped by national borders . an appropriate european level research and innovation response can and should make a crucial contribution to addressing these challenges , deliver better health and wellbeing for all , and position europe as a leader in the rapidly expanding global markets for health and wellbeing innovations . ### disease and disability are not stopped by national borders . an appropriate european level research and innovation response can and should make a crucial contribution to addressing these challenges , deliver better mental and physical health and wellbeing for all , and position europe as a leader in the rapidly expanding global markets for health and wellbeing innovations .


### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes . ### effective health promotion , supported by a robust evidence base , prevents disease , improves mental and physical wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of , and links between , physical and mental health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes and early diagnosis .


### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of the determinants of health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes . ### effective health promotion , supported by a robust evidence base , prevents disease , improves wellbeing and is cost effective . health promotion and disease prevention also depend on an understanding of public health and its research outcomes , the determinants of health , on effective preventive tools , such as vaccines , on effective health and disease surveillance and preparedness , and on effective screening programmes .


### specific activities shall include : understanding the determinants of health , improving health promotion and disease prevention ; understanding disease and improving diagnosis ; developing effective screening programmes and improving the assessment of disease susceptibility ; improving surveillance and preparedness ; developing better preventive vaccines ; using in - silico medicine for improving disease management and prediction ; treating disease ; transferring knowledge to clinical practice and scalable innovation actions ; better use of health data ; active ageing , independent and assisted living ; individual empowerment for self - management of health ; promotion of integrated care ; improving scientific tools and methods to support policy making and regulatory needs ; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice , and innovative technologies and approaches . ### specific activities shall include : understanding the determinants of health , understanding health literacy and supporting related programs that improve health literacy amongst european citizens , improving health and healthy lifestyle promotion and disease prevention ; understanding disease and improving diagnosis ; developing effective screening programmes and improving the assessment of disease susceptibility ; improving surveillance and preparedness ; developing better preventive vaccines ; using in - silico medicine for improving disease management and prediction ; treating disease ; transferring knowledge to clinical practice and scalable innovation actions ; better use of health data ; active ageing , independent and assisted living ; individual empowerment for self - management of health ; promotion of integrated care ; improving scientific tools and methods to support policy making and regulatory needs ; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice , and innovative technologies and approaches .


### the specific objective is to secure sufficient supplies of safe and high quality food and other bio - based products , by developing productive and resource - efficient primary production systems , fostering related ecosystem services , along side competitive and low carbon supply chains . this will accelerate the transition to a sustainable european bio - economy . ### the specific objective is to secure sufficient supplies of safe and high quality food and other bio - based products , by developing productive and resource - efficient primary production systems , bringing together quantitative et qualitative approaches , alongside competitive and low carbon supply chains .


### over the coming decades , europe will be challenged by increased competition for limited and finite natural resources , by the effects of climate change , in particular on primary production systems and by the need to provide a sustainable , safe and secure food supply for the european and an increasing global population . a 70 % increase of the world food supply is estimated to be required to feed the 9 billion global population by 2050 . agriculture accounts for about 10 % of union greenhouse gases emissions , and while declining in europe , global emissions from agriculture are projected to increase up to 20 % by 2030 . furthermore , europe will need to ensure sufficient supplies of raw materials , energy and industrial products , under conditions of decreasing fossil carbon resources , while maintaining its competitiveness . bio - waste represents a huge problem and cost , despite its high potential added value . for example , an estimated 30 % of all food produced in developed countries is discarded . major changes are needed to reduce this amount by 50 % in the union by 2030 . in addition , national borders are irrelevant in the spread of animal and plant pests and diseases , including zoonotic diseases , and food borne pathogens . while effective national prevention measures are needed , action at union level is essential for ultimate control and the effective running of the single market . the challenge is complex , affects a broad range of interconnected sectors and requires a plurality of approaches . ### over the coming decades , europe will be challenged by increased competition for limited and finite natural resources , by the effects of climate change , in particular on primary production systems and by the need to provide a sustainable , safe and secure food supply for the european and an increasing global population . a 70 % increase of the world food supply is estimated to be required to feed the 9 billion global population by 2050 . this food emergency does not justify the current imbalance between often surplus national production levels and the steady rise in food imports , nor does it provide a reason for the increasing complexity of the global food network . hence the importance of the european union having better control of the supply circuits , taking into account , as a matter of priority , seasonal cycles , the origin of products and the ability to track food . agriculture accounts for about 10 % of union greenhouse gases emissions , and while declining in europe , global emissions from agriculture are projected to increase up to 20 % by 2030 . furthermore , europe will need to ensure sufficient supplies of raw materials , energy and industrial products , under conditions of decreasing fossil carbon resources , while maintaining its competitiveness . bio - waste represents a huge problem and cost , despite its high potential added value . for example , an estimated 30 % of all food produced in developed countries is discarded . major changes are needed to reduce this amount by 50 % in the union by 2030 . in addition , national borders are irrelevant in the spread of animal and plant pests and diseases , including zoonotic diseases , and food borne pathogens . while effective national prevention measures are needed , action at union level is essential for ultimate control and the effective running of the single market . the challenge is complex , affects a broad range of interconnected sectors and requires a plurality of approaches .


### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources and enhancing ecosystems services , including coping with and mitigating climate change . the activities shall focus on more sustainable and productive agriculture and forestry systems which are both resource - efficient and resilient , while at the same time developing of services , concepts and policies for thriving rural livelihoods . ### the aim is to supply sufficient food , feed , biomass and other raw - materials , while safeguarding natural resources at the global level and enhancing ecosystems services , including protecting biodiversity and natural habitats , and coping with and mitigating climate change . the activities shall favour systemic approaches and focus on more sustainable and productive agriculture and forestry systems , including organic farming , which are both resource - efficient and resilient , while at the same time developing of services , concepts and policies aimed at ensuring a diversity of food production systems and thriving rural livelihoods .


### the aim is to sustainably exploit aquatic living resources to maximise social and economic benefits / returns from europe ' s oceans and seas . the activities shall focus on an optimal contribution to secure food supplies by developing sustainable and environmentally friendly fisheries and competitive european aquaculture in the context of the global economy and on boosting marine innovation through biotechnology to fuel smart ‘ blue’ growth . ### the aim is to sustainably exploit aquatic living resources to maximise social and economic benefits / returns from europe ' s oceans and seas . the activities shall focus on an optimal contribution to secure food supplies by developing sustainable and environmentally friendly fisheries and competitive european aquaculture in the context of the global economy and on boosting marine innovation through biotechnology to fuel smart ‘ blue’ growth . the precautionary principle as well as civil society concerns on the use and dissemination of biotechnology in open marine ecosystems have to be taken into account .


### the aim is the promotion of low carbon , resource efficient , sustainable and competitive european bio - based industries . the activities shall focus on fostering the bio - economy by transforming conventional industrial processes and products into bio - based resource and energy efficient ones , the development of integrated biorefineries , utilising biomass from primary production , biowaste and bio - based industry by - products , and opening new markets through supporting standardisation , regulatory and demonstration / field trial activities and others , while taking into account the implication of the bio - economy on land use and land use changes . ### the aim is the promotion of low carbon , resource efficient , sustainable and competitive european bio - based industries . the activities shall focus on fostering the bio - economy by transforming conventional industrial processes and products into bio - based resource and energy efficient ones , the development of integrated biorefineries , utilising biomass from primary production , biowaste and bio - based industry by - products , and opening new markets through supporting standardisation , regulatory and demonstration / field trial activities and others , while taking into account the implication of the bio - economy on land use and land use changes as well as civil society views and concerns .


### activities shall focus on research , development and full scale demonstration - of innovative renewables and carbon capture and storage technologies offering larger scale , lower cost , environmentally safe technologies with higher conversion efficiency and higher availability for different market and operating environments . ### activities shall focus on research , development and full scale demonstration - of innovative renewables and carbon capture and storage technologies offering larger scale , lower cost , environmentally safe technologies with higher conversion efficiency and higher availability for different market and operating environments . activities shall also focus on research and development of renewable energy storage technologies .


### activities shall focus on multi - disciplinary research for energy technologies and joint implementation of pan - european research programmes and world - class facilities . ### activities shall focus on multi - disciplinary research for energy technologies and the impact of devices , facilities and new technological developments on the marine environment and joint implementation of pan - european research programmes and world - class facilities .


### the specific objective is to achieve a resource efficient and climate change resilient economy and a sustainable supply of raw materials , in order to meet the needs of a growing global population within the sustainable limits of the planet ' s natural resources . activities will contribute to increasing european competitiveness and improving well being , whilst assuring environmental integrity and sustainability , keeping average global warming below 2 °c and enabling ecosystems and society to adapt to climate change . ### the specific objective is to achieve a resource efficient and climate change resilient economy and a sustainable supply of raw materials , in order to meet the needs of a growing global population within the sustainable limits of the planet ' s terrestrial and marine natural resources . activities will contribute to increasing european competitiveness and improving well being , whilst assuring environmental integrity and sustainability , keeping average global warming below 2 °c and enabling ecosystems and society to adapt to climate change .


### the aim is to provide knowledge for the management of natural resources that achieves a sustainable balance between limited resources and the needs of society and the economy . activities shall focus on : furthering our understanding of the functioning of ecosystems , their interactions with social systems and their role in sustaining the economy and human well - being ; and providing knowledge and tools for effective decision making and public engagement . ### the aim is to provide knowledge for the management of natural resources that achieves a sustainable balance between limited resources and the needs of society and the economy . activities shall focus on : furthering our understanding of the functioning of ecosystems , including the regulatory role played by oceans and forests to prevent global warming , their interactions with social systems and their role in sustaining the economy and human well - being ; and providing knowledge and tools for effective decision making and public engagement .


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context , the sensitivity of these services , the subsidiarity principle , protocol 26 on services of general interest , article 14 of the treaty on the functioning of the european union and article 36 of the charter of fundamental rights , member states have wide discretion to organise the choice of the service providers in the way they consider most appropriate , as closely as possible to the needs of the users , and taking into account the differences in the needs and preferences of users that may result from different geographical , social or cultural situations , and to ensure universal access , continuity and availability of the services in all territories of the union . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee , which are designed to ensure a high level of quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users , their satisfaction , social inclusion and , where relevant , innovation . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination .


### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted and applied in conformity with the principles of transparency and non - discrimination , to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits .


### contracting authorities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors and environmental organisations , can participate , and that the label is accessible and available to all interested parties . ### contracting authorities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors , social organisations and environmental organisations , can participate , and that the label is accessible and available to all interested parties .


### 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 contract notice , the prior information notice used as a means of calling for competition or 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 contract notice , the prior information notice used as a means of calling for competition or 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 , unemployed young persons , persons with disabilities , women 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 .


### in line with the principles of equal treatment and transparency , the successful tenderer should not be replaced by another economic operator without reopening the contract to competition . however , the successful tenderer performing the contract may undergo certain structural changes during the performance of the contract , such as purely internal reorganisations , mergers and acquisitions or insolvency . such structural changes should not automatically require new procurement procedures for all public contracts performed by that undertaking . ### in line with the principles of equal treatment , objectivity and transparency , the successful tenderer should not be replaced by another economic operator without reopening the contract to competition . however , the successful tenderer performing the contract may undergo certain structural changes during the performance of the contract , such as purely internal reorganisations , mergers and acquisitions or insolvency . such structural changes should not automatically require new procurement procedures for all public contracts performed by that undertaking .


### ‘ 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 , including production , transport , installation , 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 ;


### arbitration and conciliation services ; ### arbitration and conciliation services , including dispute adjudication services ;


### only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions . the contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 66 . ### only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions . the contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 66 and article 66 .


### where contracting authorities 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 authorities 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 be simplified in order to be accessible for smes and it must fulfil all of the following conditions :


### the contracting authority shall verify the information provided by consulting the tenderer . it may only reject the tender where the evidence does not justify the low level of price or costs charged , taking into account the elements referred to in paragraph 3 . ### the contracting authority shall verify the information provided by consulting the tenderer . it may only reject the tender where the evidence does not justify the low level of price or costs charged , taking into account the elements referred to in paragraph 3 , or when the received justification is not sufficient .


### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities may take into account the need to ensure a high level of quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantages and vulnerable groups , the necessity to promote the participation of smes , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service .


### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure high quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users , their satisfaction , social inclusion and , where relevant , innovation . when drawing up quality criteria , contracting authorities may refer to the criteria set out in the voluntary european quality framework for social services .


### the award of public contracts by or on behalf of member states authorities has to comply with the principles of the treaty on the functioning of the european union , and in particular the free movement of goods , freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . however , for public contracts above a certain value , provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition . ### the award of public contracts by or on behalf of member states authorities has to comply with the principles of the treaty on the functioning of the european union , and in particular the free movement of goods , freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . however , for public contracts above a certain value , provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition . this will require a high degree of flexibility for member states in order to promote effective and suitable solutions .


### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , the purpose of the technical specifications is to define the function that the subject - matter of a contract is to deliver and should in all cases be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits .


### in order to foster the involvement of small and medium - sized enterprises in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### in order to foster the involvement of small and medium - sized enterprises and civil society in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer .


### 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 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 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 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 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 depending on relevance and proportionality .


### furthermore , in technical specifications and in award criteria , 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 . 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 . for service contracts and for contracts involving the design of works , contracting authorities should also be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality of contract performance and , as a result , the economic value of the tender . ### in view of the continued development of life - cycle cost calculation methods , the need for technical specifications and award criteria referring 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 , is increasingly less needed and should therefore be limited to areas where it is still not possible to calculate life - cycle costs . the technical requirements shall in all cases be directly linked to the subject - matter of the public 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 social integration of 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 allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality of contract performance and , as a result , the economic value of the tender .


### 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 contract notice , the prior information notice used as a means of calling for competition or 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 directly linked to the subject - matter of the contract and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents .


### it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . when preparing and drawing up delegated acts , the commission should ensure simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council . ### it is of particular importance that the commission carries out appropriate consultations with relevant actors such as representatives for local and regional authorities , civil society , stakeholders etc , during its preparatory work , including at expert level . when preparing and drawing up delegated acts , the commission should ensure simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council .


### ‘ 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 , including production , , 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 .


### they may also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases : ### they may also provide that contracting authorities may use a competitive procedure in the form of a competitive dialogue in any of the following cases :


### the minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice is sent . ### the minimum time limit for receipt of requests to participate shall be 40 days from the date on which the contract notice is sent .


### all tenderers that have submitted admissible tenders shall be invited simultaneously by electronic means to participate in the electronic auction using , as of the specified date and time , the connections in accordance with the instructions set out in the invitation . the electronic auction may take place in a number of successive phases . the electronic auction shall not start sooner than two working days after the date on which invitations are sent out . ### all tenderers that have submitted admissible tenders shall be invited simultaneously by electronic means to participate in the electronic auction using , as of the specified date and time , the connections in accordance with the instructions set out in the invitation . the electronic auction may take place in a number of successive phases . the electronic auction shall not start sooner than five working days after the date on which invitations are sent out .


### contracting authorities shall allow for an adequate period between the notification and the actual collection of information . ### contracting authorities shall allow for an adequate period of a minimum of five working days between the notification and the actual collection of information .


### the technical specifications as defined in point 1 of annex viii shall be set out in the procurement documents . they shall define the characteristics required of a works , service or supply . ### the technical specifications as defined in point 1 of annex viii shall be set out in the procurement documents . they shall define the functionality that a work , service or supply is to deliver .


### contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1 , such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1 , or no possibility of obtaining them within the relevant time limits . ### contracting authorities shall accept other appropriate and equivalent means of proof than those referred to in paragraph 1 , such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1 , or no possibility of obtaining them within the relevant time limits .


### public contracts may be subdivided into homogenous or heterogeneous lots . for contracts with a value equal to or greater than the thresholds provided for in article 4 but not less than eur 500 000 , determined in accordance with article 5 , where the contracting authority does not deem it appropriate to split into lots , it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons . ### public contracts shall be subdivided into homogenous or heterogeneous lots . for contracts with a value equal to or greater than the thresholds provided for in article 4 but not less than eur 500 000 , determined in accordance with article 5 , where the contracting authority does not deem it appropriate to split into lots , it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons .


### the authority issuing the passport shall seek the relevant information directly from the competent authorities , except where prohibited by national rules on the protection of personal data . ### the authority issuing the passport shall seek the relevant information directly from the competent authorities , except where prohibited by national rules on the protection of personal data and when the information can only be gathered from the economic operator itself . in those cases the economic operator shall deliver that information to the authority to obtain a public procurement passport


### the european procurement passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification . such justification may be related to the fact that the passport was issued more than six months earlier . ### the european procurement passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification . such justification may be related to the fact that the passport was issued more than twelve months earlier .


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### life - cycle cost and quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ;


### where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained state aid , the tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove , within a sufficient time limit fixed by the contracting authority , that the aid in question was compatible with the internal market within the meaning of article 107 of the treaty . where the contracting authority rejects a tender in those circumstances , it shall inform the commission thereof . ### where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained state aid , the tender shall be rejected unless the tenderer is able to prove , within a sufficient time limit fixed by the contracting authority , that the aid in question was compatible with the internal market within the meaning of article 107 of the treaty . where the contracting authority rejects a tender in those circumstances , it shall inform the commission thereof .


### the jury shall be composed exclusively of natural persons who are independent of participants in the contest . where a particular professional qualification is required from participants in a contest , at least a third of the members of the jury shall have that qualification or an equivalent qualification . ### the jury shall be composed exclusively of natural persons who are independent of participants in the contest . where a particular professional qualification is required from participants in a contest , at least a third of the members of the jury shall have that qualification or an equivalent qualification . gender equality should be seeked in the composition of the jury .


### with a view to improving access to public procurement for economic operators , in particular smes , and in order to facilitate correct understanding of the provisions of this directive , member states shall ensure that appropriate assistance can be obtained , including by electronic means or using existing networks dedicated to business assistance . ### with a view to improving access to public procurement for economic operators , in particular smes and civil society , and in order to facilitate correct understanding of the provisions of this directive , member states shall ensure that appropriate assistance can be obtained , including by electronic means or using existing networks dedicated to business assistance . the support also includes joint offers made by different actors .


### the commission shall be assisted by the advisory committee for public contracts established by council decision 71 / 306 / eec . that committee shall be a committee within the meaning of regulation no 182 / 2011 . ### the commission shall be assisted by the advisory committee for public contracts established by council decision 71 / 306 / eec . that committee shall be a committee within the meaning of regulation no 182 / 2011 . gender equality shall be promoted in the composition of the committee .


### identification of the economic operator ; ### identification of the economic operator ; company registration number , name , address and bank ;


### indication of the period of validity of the passport , which shall be not less than 6 months . ### indication of the period of validity of the passport , which shall be not less than twelve months .


### the procedures to be followed by european political parties and their affiliated european political foundations to obtain a european legal status pursuant to this regulation should be laid down , as should the procedures and criteria to be respected in arriving at a decision on whether to grant such a european legal status . it is also necessary to lay down the procedures for cases where a european political party or a european political foundation may forfeit , lose or give up its european legal status . ### the procedures to be followed by european political parties and their affiliated european political foundations to obtain a european legal status pursuant to this regulation should be laid down , as should the procedures and criteria to be respected in arriving at a decision on whether to grant such a european legal status . it is also necessary to lay down the impartial and transparent procedures for cases where a european political party or a european political foundation may forfeit , lose or give up its european legal status .


### at the date of adoption of the present proposal , the college will also adopt a commission working document on a proposal to amend the financial regulation introducing a new title on the financing of european political parties by means of contributions . the introduction of ‘ contributions’ for european political parties will be confirmed after the latter proposal has been adopted by the co - legislators . ### at the date of adoption of the present proposal , the college will also adopt a commission working document on a proposal to amend the financial regulation introducing a new title on the financing of european political parties by means of contributions . the introduction of ‘ contributions’ for european political parties will be confirmed after the latter proposal has been adopted by the co - legislators , ensuring coherence and clarity of definitions across both proposals .


### for matters not regulated by this regulation or , where matters are partly regulated by it , for those aspects not covered by it , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states . ### for matters not explicitly regulated by this regulation , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states .


### a european political party or a european political foundation in one of the cases provided for under paragraph 1 points , or shall have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any unspent union funding recovered , including any unspent union funds from previous years . ### a european political party or a european political foundation in one of the cases provided for under paragraph 1 points , or shall have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any unspent union funding recovered , including any unspent union funds from previous years in accordance with the relevant provisions 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 union1 . _____________ 1 oj l 298 , 26 . 10 . 2012 , p . 1 .


### any natural or legal person donating to a european political party or european political foundation within or across borders shall benefit from the same tax treatment that is applicable to donations made to a political party or political foundation that has its seat in the member state where the donor is resident for tax purposes . ### without prejudice to existing national thresholds and the autonomy of member state tax law , any natural or legal person donating to a european political party or european political foundation within or across borders shall benefit from the same tax treatment that is applicable to donations made to a political party or political foundation that has its seat in the member state where the donor is resident for tax purposes .


### the penalties imposed pursuant to this article shall apply to all european political parties and european political foundations irrespective of whether they receive union funding . the authorising officer responsible may impose administrative and / or financial penalties in accordance with article [ 96 ] of the financial regulation and article [ 145 ] of its rules of application on any european political party or european political foundation that is in one of the cases referred to in article [ 96 ] of the financial regulation not covered by the paragraphs above . ### the penalties imposed pursuant to this article shall apply to all european political parties and european political foundations which are recognised according to the provisions of this regulation , notwithstanding whether they have applied for union funding . the contracting authority may impose administrative and / or financial penalties in accordance with article 109 of the financial regulation and article [ 145 ] of its rules of application on any european political party or european political foundation that is in one of the cases referred to in article 109 of the financial regulation not covered by the paragraphs above .


### the european parliament shall provide for administrative appeal procedures in relation to any decisions linked to the registration of statutes , funding or penalties . ### the european parliament shall provide for swift and transparent administrative appeal procedures in relation to any decisions linked to the registration of statutes , funding or penalties .


### it is therefore appropriate to replace directive 96 / 82 / ec to ensure that that existing levels of protection are maintained and further improved , by making the provisions more effective and efficient , and where possible reducing unnecessary administrative burdens by streamlining or simplification without compromising safety . at the same time , the new provisions should be clear , coherent and easy to understand to help improve implementation and enforceability . ### it is therefore appropriate to replace directive 96 / 82 / ec to ensure that that existing levels of protection are maintained and further improved , by making the provisions more effective and efficient , and where possible reducing unnecessary administrative burdens by streamlining or simplification , provided that safety and environmental and public health protection are not compromised . at the same time , the new provisions should be clear , coherent and easy to understand to help improve implementation and enforceability .


### the exploitation of minerals in mines , quarries , or by means of boreholes , with the exception of underground gas storage in natural strata and disused mines and of chemical and thermal processing operations and storage related to those operations which involve dangerous substances , as defined in annex i ; ### the exploitation of minerals in mines , quarries , or by means of boreholes , with the exception of underground gas storage in natural strata and disused mines and of chemical and thermal processing operations and storage , including hydraulic fracturing , which involve dangerous substances , as defined in annex i , irrespective of whether or not the thresholds have been exceeded ;


### ‘ presence of dangerous substances’ means the actual or anticipated presence of dangerous substances in the establishment , or the presence of dangerous substances which it is believed may be generated during loss of control of an industrial chemical process , in quantities equal to or in excess of the thresholds set out in parts 1 and 2 of annex i . ### ‘ presence of dangerous substances’ means the actual or anticipated presence of dangerous substances in the establishment , or the presence of dangerous substances which it is believed may be generated during loss of control of an industrial chemical process , or during another severe incident within a storage facility or installation in quantities equal to or in excess of the thresholds set out in parts 1 and 2 of annex i .


### member states shall require the operator to draw up a document setting out the major - accident prevention policy and to ensure that it is properly implemented . the mapp shall be established in writing . it shall be designed to guarantee a high level of protection for human health and the environment . it shall be proportionate to the major - accident hazards . it shall include the operator ' s overall aims and principles of action , the role and responsibility of management and shall address safety culture with respect to the control of major - accident hazards . ### member states shall require the operator of lower - tier establishments to draw up a document setting out the major - accident prevention policy and to ensure that it is properly implemented . the mapp shall be established in writing . it shall be designed to guarantee a high level of protection for human health and the environment . it shall be proportionate to the major - accident hazards . it shall include the operator ' s overall aims and principles of action , the role and responsibility of management and shall address safety culture with respect to the control of major - accident hazards .


### the operator shall periodically review and where necessary update the mapp , at least every five years . the updated mapp shall be sent to the competent authority without delay . ### the operator shall periodically review and where necessary update the mapp , at least every five years . the updated mapp shall be sent to the competent authority and made publicly available pursuant to article 13 , without delay .


### member states shall ensure that the public is able to give its opinion on the following matters : ### member states shall ensure that , in the case of upper - tier establishments , the public is able to give its opinion on the following matters :


### based on the inspections plans referred to in paragraph 3 , the competent authority shall regularly draw up programmes for routine inspections for all establishments including the frequency of site visits for different types of establishments . ### based on the inspection plans referred to in paragraph 3 , the competent authority shall regularly draw up programmes for routine inspections for all establishments including the frequency of inspections for different types of establishments .


### member states shall ensure that , members of the public concerned are able to seek a review in accordance with article 6 of directive 2003 / 4 / ec of the acts or omissions of a competent authority in relation to any request for information pursuant to article 13 or article 21 of this directive . member states shall ensure that , in accordance with the relevant national legal system , members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , acts or omissions relating to cases subject to article 14 where : ### member states shall ensure that , members of the public concerned are able to seek a review in accordance with article 6 of directive 2003 / 4 / ec of the acts or omissions of a competent authority in relation to any request for information pursuant to this directive . member states shall ensure that , in accordance with the relevant national legal system , members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions , acts or omissions relating to cases subject to the provisions of this directive where :


### identification of neighbouring establishments , as well as other sites , areas and developments that could increase the risk or consequences of a major accident and of domino effects ; ### on the basis of information provided or made available by the competent authorities , the identification of neighbouring establishments , as well as other sites , areas and developments that could increase the risk or consequences of a major accident and of domino effects ;


### there is no private participation in the controlled legal person . ### there is no private participation in the controlled legal person , except where this is a mandatory statutory requirement in the relevant member states .


### a contracting authority or a contracting entity as referred to in paragraph 1 subparagraph 1 of article 4 shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person . ### .


### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties ; ### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks ;


### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open at least to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers . ### member states shall ensure that infrastructure managers set up and organise coordination committees for each network . membership of this committee shall be open to the infrastructure manager , known applicants in the sense of article 8 and , upon their request , potential applicants , their representative organisations , representatives of users of the rail freight and passenger transport services and , where relevant , regional and local authorities . member state representatives and the regulatory body concerned shall be invited to the meetings of the coordination committee as observers .


### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least quarterly . a report of the coordination committee ' s discussions shall be submitted annually to the infrastructure manager , the member state , the regulatory body concerned and the commission with an indication of the respective positions taken by the committee members . ### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least quarterly . the rules of procedure shall include the regular consultation of the users of the rail freight and passenger transport services and , in any case , at least once a year . a report of the coordination committee ' s discussions shall be submitted annually to the infrastructure manager , the member state , the regulatory body and users of the rail freight and passenger transport services concerned and the commission with an indication of the respective positions taken by the committee


### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 : ### in order to determine whether the economic equilibrium of a public service contract or of a service provided by railway undertakings which have been granted access to railway infrastructure according to article 10 , paragraph 2 of this directive in case of creation of a new public service contract or alteration of an existing public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 :


### the railway undertaking seeking access . ### the railway undertaking seeking access or which has been granted access to railway infrastructure according to article 10 , paragraph 2 of this directive


### by 31 december 2024 , the commission shall evaluate the impact of this directive on the rail sector and shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on its implementation . ### by 31 december 2020 , the commission shall evaluate the impact of this directive on the rail sector and shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on its implementation .


### the exclusive rights for authors of reproduction and of making available to the public of their works , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of the author prior to the digitisation and making available of a work . ### the exclusive rights for rightholders of reproduction and of communication to the public of their works , including making them available , as harmonised under directive 2001 / 29 / ec of the european parliament and council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society , require the consent of rightholders prior to digitisation and communication of works to the public , including making them available on demand .


### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works by the organisations referred to in this directive is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan - european level and consultation thereof through a single entry point . ### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . in order to avoid duplication of search efforts , a diligent search should be conducted only in the member state where the work was first published or broadcast . moreover , in order to avoid duplication of costly digitisation and ascertain whether a work has been granted orphan status in another member state , member states should ensure that the results of the diligent search on their territory and use of orphan works by the organisations referred to in this directive are recorded in a publicly accessible database . to the extent possible , free , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other and interoperability on a pan - european level and consultation thereof through a single entry point .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work or a sound recording shall be considered orphan if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a reasonably diligent search for the rightholder has been carried out in good faith and recorded in accordance with article 3 .


### where a work has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan work . ### where a work or a sound recording has more than one rightholder , and one of the rightholders has been identified and located , that work shall not be considered an orphan .


### for the purposes of establishing whether a work is an orphan work , the organisations referred to in article 1 shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question . ### for the purposes of establishing whether a work or a sound recording is orphan , the organisations referred to in article 1 shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question .


### for the purposes of establishing whether a work is an orphan work , the organisations referred to in article 1 shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question . ### for the purposes of establishing whether a work is an orphan work , the organisations referred to in article 1 or authorised copyright collection societies shall ensure that a diligent search is carried out for each work , by consulting the appropriate sources for the category of works in question .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### member states shall ensure that a rightholder in a work or a sound recording considered to be orphan has , at any time , the possibility of putting an end to the orphan status .


### member states may authorise the organisations referred to in article 1 to use an orphan work for purposes other than those referred to in article 6 , provided that : ### member states may authorise the organisations referred to in article 1 to use an orphan work or a sound recording for purposes other than those referred to in article 6 , provided that :


### the organisations maintain publicly accessible records of their use of orphan works ; ### the organisations maintain publicly accessible records of their use of orphan works or sound recordings ;


### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , are remunerated for the use that has been made of the work by the organisations referred to in article 1 ; ### rightholders which put an end to the orphan status of the work , within the meaning of article 5 , are remunerated for the use that has been made of the work or the sound recording by the organisations referred to in article 1 ;


### rightholders may claim their remuneration under point within a period fixed by member states and which shall not be less than five years from the date of the act giving rise to the claim . ### rightholders may claim their remuneration under point within a period fixed by member states and which shall not be less than five years from the date of the act of exploitation of a work which gives rise to the claim .


### member states may chose the means for authorising use within the meaning of paragraph 1 and remain free to decide on the use of any revenues which are unclaimed after the expiry of the period fixed in accordance with paragraph 1 . ### member states may choose the means for authorising use within the meaning of paragraph 1 . they shall remain free to decide on the use of any revenues which are unclaimed after the expiry of the period fixed in accordance with paragraph 1 . however , preference shall be given to earmarking those revenues for the restoration and digitisation of works and for measures assisting the creative process .


### the provisions of this directive shall apply in respect of all works referred to in article 1 which are , on [ transposition date ] , protected by the member states ' legislation in the field of copyright . ### the provisions of this directive shall apply in respect of all works or sound recordings referred to in article 1 which are , on [ transposition date ] , protected by the member states ' legislation in the field of copyright .


### the commission and the member states shall ensure the effectiveness of the csf funds , in particular through monitoring , reporting and evaluation . ### the commission and the member states shall ensure the effectiveness of the csf funds , in particular through monitoring , reporting and evaluation , and transparency in the selection processes by stressing the need for justifications to be made public .


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation , implementation and evaluation of programmes .


### a summary analysis of the ex ante evaluations of the programmes justifying the selection of the thematic objectives and the indicative allocations of the csf funds ; ### a summary analysis of the ex ante evaluations of the programmes justifying the selection of the thematic objectives and the indicative allocations of the csf funds , and distribution of responsibilities .


### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under 148 of the treaty , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources . ### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under 148 of the treaty , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources . the decision should be preceded by a transparent process .


### community - led , by local action groups composed of representatives of public and private local socio - economic interests , where at the decision - making level neither the public sector nor any single interest group shall represent more than 49 % of the voting rights ; ### community - led , by local action groups composed of representatives of public and private local socio - economic interests , where at the decision - making level neither the public sector nor any single interest group shall represent more than 49 % of the voting rights ; gender equality should be pursued in the compilation of the group .


### the monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners . each member of the monitoring committee shall have a voting right . ### the monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners . each member of the monitoring committee shall have a voting right . gender equality should be pursued in the compilation of the committee .


### the commission shall appraise the major project on the basis of the information referred to in article 91 in order to determine whether the proposed support from the funds is justified . ### the commission shall appraise the major project on the basis of the information referred to in article 91 in order to determine whether the proposed support from the funds is justified . the decision should be preceded by a transparent process .


### its composition shall be decided by the member state in agreement with the managing authority , respecting the principle of partnership . ### its composition shall be decided by the member state in agreement with the managing authority , respecting the principle of partnership and promoting gender equality in its compilation .


### the commission shall be assisted by a coordination committee of the funds . that committee shall be a committee within the meaning of regulation no 182 / 2011 . ### the commission shall be assisted by a coordination committee of the funds . that committee shall be a committee within the meaning of regulation no 182 / 2011 . gender equality should be pursued in the compilation of the committee .


### adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . close cooperation between the commission and the member states is therefore essential , without neglecting the important role of labour inspectorates and the social partners in this respect . ### adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . it is therefore essential to establish and maintain close cooperation between member states , the commission , and relevant national , regional , and local actors including labour inspectorates and the social partners in this respect .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### member states must inform the commission of how they intend to make information on terms and conditions of employment generally available and accessible to posted workers and service providers from other member states .


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in the national language of the member state from which the posting is made , the language of the member state of origin of the worker and service provider and in english , and not only in the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ;


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist of responding in a swift and effective manner to reasoned requests for information and to carry out checks , inspections and investigations by their competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities and initiating appropriate actions in line with national laws and practices .


### however , articles 14 , 20 , 22 , 35 , 37 and 39 shall apply from the date of entry into force of this regulation . ### however , articles 14 , 20 , 22 , 35 , 37 and 39 shall apply from the date of entry into force of this regulation . articles 38 to 41 shall apply until 31 december 2016 .


### under this regulation , the union will provide assistance to address global , regional , national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy support . ### under this regulation , the union will provide assistance to address global , regional , national and local human rights and democratisation issues in partnership with civil society , namely individuals or groups that are independent from the state and active in all types of social actions that have an impact on human rights and democratization .


### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse ; ### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , including the united nations convention on the rights of persons with disabilities , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse ;


### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ; ### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles as well as physical barriers hindering accessibility to the exercise of these freedoms , including the fight against censorship ;


### the general objective of contributing to a high level of health for humans , animals and plants along the food chain and in related areas and a high level of protection for consumers and the environment while enabling the union food and feed industry to operate in an environment favouring competitiveness and the creation of jobs ; ### the general objective of contributing to a high level of health for humans , animals and plants along the food chain and in related areas and a high level of protection for consumers , animals and the environment while enabling the union food and feed industry to operate in an environment favouring competitiveness and the creation of jobs ;


### european union reference laboratories ### european union reference laboratories and reference centre for animal welfare


### grants may be awarded to the european union reference laboratories referred to in article 32 of regulation no 882 / 2004 for the costs they incur to implement the work programmes approved by the commission . ### grants may be awarded to the european union reference laboratories referred to in article 32 of regulation no 882 / 2004 and the reference centre for animal welfare referred to in in article 95 of regulation no xxx / xxx on official controls for the costs they incur to implement the work programmes approved by the commission .


### developing new business models for smes , in particular for internationalisation ; ### developing new business models and business skills in smes , in particular for internationalisation ;