### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value , which frequently results in inefficient use of european funds . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should , via technical assistance measures , support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . special attention should be awarded to the difficulties that some member states might encounter as regards project engineering , and to geographical balance in the spread of the projects .


### mid - term and ex - post evaluations should be carried out by the commission in order to assess the effectiveness and efficiency of the funding and its impact on the overall goals of the facility and the europe 2020 strategy ' s priorities . ### mid - term and ex - post evaluations shall be carried out by the commission in order to assess the effectiveness and efficiency of the funding and its impact on the overall goals of the facility and the europe 2020 strategy ' s priorities .


### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . it is of particular importance that the commission carry out appropriate consultations during its preparatory work with all competent bodies and local , regional and state authorities , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the financial interests of the union should be protected through proportionate measures throughout the expenditure cycle , including the prevention , detection and investigation of irregularities , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , penalties . ### the financial interests of the union should be protected through proportionate measures throughout the expenditure cycle , including the prevention , detection and investigation of irregularities , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , penalties . parliament should be kept informed about all such information , at all stages and with full transparency .


### some of the infrastructure projects of union interest might need to link with and pass through neighbourhood , pre - accession and other third countries . the connecting europe facility should offer simplified means of linking and financing these infrastructures , in order to ensure coherence between internal and external instruments of the union budget . ### some of the infrastructure projects of union interest might need to link with and pass through neighbourhood , pre - accession and other third countries such as in the southern and eastern mediterranean , which has substantial solar energy that could be imported into the eu via long - distance electricity connections . the connecting europe facility should offer simplified means of linking and financing these infrastructures , in order to ensure coherence between internal and external instruments of the union budget .


### subject matter ### subject matter and scope


### this regulation establishes the connecting europe facility and determines the conditions , methods and procedures for providing union financial aid to trans - european networks in order to support projects in the field of transport , energy and telecommunications infrastructures . ### this regulation establishes the connecting europe facility and determines the conditions , methods and procedures for providing union financial aid to trans - european networks and the resources made available under the multiannual financial framework for 2014 - 2020 and their governing instruments , in order to support projects of common interest in the field of transport , energy and telecommunications infrastructures .


### ' studies ' means activities needed to prepare project implementation , such as preparatory , feasibility , evaluation , testing and validation studies , including in the form of software , and any other technical support measure , including prior action to define and develop a project and decide on its financing , such as reconnaissance of the sites concerned and preparation of the financial package ; ### ' studies ' means activities needed to prepare project implementation , such as preparatory , mapping , feasibility , evaluation , testing and validation studies , including in the form of software , and any other technical support measure , including prior action to define and develop a project and decide on its financing , such as reconnaissance of the sites concerned and preparation of the financial package ;


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


### ' action ' means any activity that is necessary to implement a project of common interest and is independent financially , technically or over time ; ### ' action ' : means any activity that is necessary to implement a project of common interest and is identifiable financially and technically and has a set time frame ;


### ' implementing body ' means a public or private undertaking or body designated by a beneficiary , where the latter is a member state or an international organisation , to implement the action . such designation shall be decided by the beneficiary under its own responsibility and , if it requires the award of a procurement contract , in compliance with the applicable public procurement rules ; ### ' implementing body ' : means a public or private undertaking or body designated by a beneficiary , where the latter is a member state or an international organisation , to implement the action . such designation shall be decided by the beneficiary under its own responsibility and , if it requires the award of a procurement contract , in compliance with the applicable eu public procurement rules ;


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


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


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


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


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


### the commission may entrust part of the implementation of the connecting europe facility to the bodies set out in article 55 of regulation no xxxx / 2012 [ new financial regulation ] . ### the commission may entrust part of the implementation of the connecting europe facility to the bodies set out in article 55 and article 59 of regulation no xxxx / 2012 [ new financial regulation ] and notably to the ten - t executive agency , gearing this to the optimum management and efficiency requirements of the cef in the three sectors .


### transport - related actions involving a cross - border section or a part of such a section shall be eligible to receive union financial aid if there is a written agreement between the member states concerned or between the member states and third countries concerned relating to the completion of the cross - border section . exceptionally , when a project is necessary to link to the network of a neighbouring member state or a third country but does not actually cross the border , the written agreement referred to above shall not be required . ### transport - related actions involving a cross - border section or a part of such a section shall be eligible to receive union financial aid if there is a written agreement between the member states concerned or between the member states and third countries concerned relating to the completion of the cross - border section .


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


### where it is needed to achieve the objectives of a given project of common interest , third countries and entities established in third countries may participate in actions contributing to the projects of common interest . ### where it is needed to achieve the objectives of a given project of common interest and where duly motivated , third countries and entities established in third countries may participate in actions contributing to the projects of common interest , in particular regarding diversification of supply sources and security of supply in the energy sector .


### they may not receive funding under this regulation , except where it is indispensable to achieve the objectives of a given project of common interest . ### they may not receive funding in the form of grants under this regulation , except where it is indispensable to achieve the objectives of a given project of common interest and following verification that it is not possible for the action to be supported by other forms of financial aid under the cef or under other eu programmes .


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


### traffic management systems , freight transport services , secure parkings on the road core network , as well as actions to support the development of motorways of the seas : the amount of union financial aid shall not exceed 20% of the eligible cost . ### traffic management systems , including the implementation of the land - based and on - board components of ris , vtmis and sesar , freight transport services , secure parkings on the road core network , as well as actions to support the development of motorways of the seas : the amount of union financial aid shall not exceed 30% of the eligible cost .


### inland transport connections to ports and airports , development of multi - modal platforms and of ports ; ### inland transport connections to maritime and inland ports and airports , development of multi - modal platforms and of ports ;


### the commission shall cancel , except in duly justified cases , financial aid granted for actions which have not been started within one year following the start date of the action established in the conditions governing the granting of aid . ### the commission shall cancel , except in duly justified cases , financial aid granted for studies which have not been started within one year following the start date established in the conditions governing the granting of aid or within two years of that date for all other actions eligible for financial aid under this regulation .


### may provide for specific conditions such as the place of performance of the procured activities , where duly justified by the objectives of the actions and provided such conditions do not infringe public procurement principles ; ### may provide for specific conditions such as the place of performance of the procured activities , where duly justified by the objectives of the actions and provided such conditions do not infringe the union ' s public procurement principles ;


### financial instruments set up in accordance with title viii of regulation no xxxx / 2012 [ new financial regulation 2012 ] , may be used to facilitate access to finance by entities implementing actions contributing to projects of common interest as defined in regulations no xxxx / 2012 [ ten - t guidelines ] , no xxx 2012 [ guidelines for trans - european energy infrastructure ] , and no xxx / 2012 [ infso guidelines ] , and to the achievement of their objectives . the financial instruments shall be based on ex - ante assessments of market imperfections or sub - optimal investment situations and investment needs . ### financial instruments set up in accordance with title viii of regulation no xxxx / 2012 [ new financial regulation 2012 ] , may be used to facilitate access to finance by entities implementing actions contributing to projects of common interest as defined in regulations no xxxx / 2012 [ ten - t guidelines ] , no xxx 2012 [ guidelines for trans - european energy infrastructure ] , and no xxx / 2012 [ infso guidelines ] , and to the achievement of their objectives .


### the union , any member state and other investors may provide financial aid in addition to contributions received by the use of financial instruments , provided that the commission agrees to any changes to eligibility criteria of actions and / or the investment strategy of the instrument which may be necessary due to the additional contribution . ### the union , any member state and other investors may provide financial aid in addition to contributions received by the use of financial instruments , provided that the commission agrees to this .


### financial instruments may be combined with grants funded from the union budget , including under this regulation . ### financial instruments for the transport sector may be combined with grants funded from the union budget , including under this regulation , provided that these grants are necessary to ensure the project is viable .


### in accordance with article 18 of the regulation no xxxx / 2012 [ new financial regulation ] , revenues and repayments generated by one financial instrument shall be assigned to that financial instrument . for financial instruments already set up in the multiannual financial framework for the 2007 - 2013 period , revenues and repayments generated by operations started in that period shall be assigned to the financial instrument in the period 2014 - 2020 . ### in accordance with article 18 of the regulation no xxxx / 2012 [ new financial regulation ] , revenues and repayments generated by one financial instrument shall be assigned to that financial instrument for as long as this regulation has effect .


### the commission shall adopt multiannual and annual work programmes for each sector . the commission may also adopt multiannual and annual work programmes that cover more than one sector . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 24 . 2 . ### the commission shall adopt multiannual and annual work programmes for each sector . the commission may also adopt multiannual and annual work programmes that cover more than one sector . those delegated acts shall be adopted in accordance with the procedure referred to in article 25 of this regulation .


### work programmes shall be coordinated in order to exploit the synergies between transport , energy and telecommunications , notably in such areas as smart energy grids , electric mobility , intelligent and sustainable transport systems , or joint rights of way . multi - sectoral call for proposals can be adopted . ### work programmes shall be coordinated in order to exploit the synergies between transport , energy and telecommunications , notably in such areas as smart energy grids , electric mobility , intelligent and sustainable transport systems , or joint rights of way or infrastructure coupling . multi - sectoral calls for proposals can be adopted , with the financial amounts allocated for each sector being those set out in article 5 , weighted according to each sector’s relative involvement in the actions concerned .


### the indicative timetable covering the commitment of the individual annual instalments shall be communicated to the beneficiaries of grants and , if applicable for financial instruments , to the financial institutions concerned . ### the indicative timetable covering the commitment of the individual annual instalments shall be communicated to the beneficiaries of grants , to the member states concerned and to the european parliament and , if applicable for financial instruments , to the financial institutions concerned .


### appropriations which have not been used at the end of the financial year for which they were entered shall be carried - over automatically by one year . ### appropriations which have not been used at the end of the financial year for which they were entered shall be carried - over automatically by one year , in accordance with articles 9 and 10 of regulation n°xxxx / 2012 [ the new financial regulation ] .


### the committee shall ensure a horizontal overview of the work programmes referred to in article 18 to ensure consistency and that synergies are identified and exploited between sectors . ### the committee shall ensure a horizontal overview of the work programmes referred to in article 17 to ensure consistency and that synergies are identified and exploited between sectors , and shall seek in particular to ensure a fair contribution from the financial envelopes of each sector in cross - sectoral calls for proposals and when establishing the cofinancing rates for actions with synergies between the sectors .


### innovative management & services innovative management & services innovative management & services innovative management & services innovative management & services innovative management & services new technologies and innovation ### single european sky - sesar traffic management systems for road , rail and inland waterways core network ports and airports single european sky - sesar traffic management systems for road , rail and inland waterways core network ports and airports , and motorways of the sea new technologies and innovation according to article 39 to of regulation n°xxxx / 2012 [ ten - t guidelines ]


### algeciras – madrid – tarragona sevilla – valencia – tarragona tarragona – barcelona – perpignan – lyon – torino – milano – venezia – ljubljana – budapest – ua border ### algeciras – madrid – tarragona sevilla – valencia – tarragona tarragona – barcelona – perpignan – marseille – lyon – torino – milano – venezia – ljubljana – budapest – ua border


### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services . ### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts , including maritime areas , whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services .


### the acquisition or rental , by whatever financial means , of land , existing buildings or other immovable property or concerning rights thereon ; however financial service concessions awarded at the same time as , before or after the contract of acquisition or rental , in whatever form , shall be subject to this directive ; ### the acquisition or rental , by whatever financial means , of land , existing buildings or other immovable property , including maritime areas , or concerning rights thereon ; however financial service concessions awarded at the same time as , before or after the contract of acquisition or rental , in whatever form , shall be subject to this directive ;


### the chemical and physical identity of the new psychoactive substance , the methods and , if known , the chemical precursors used for its manufacture or extraction , and other new psychoactive substances with a similar chemical structure that have emerged ; ### the chemical and physical identity of the new psychoactive substance , the methods and , if known , the chemical precursors used for its manufacture or extraction , and any other new psychoactive substance or groups of substances with a similar chemical structure that have emerged ;


### the risks to safety , in particular the spread of diseases , including transmission of blood borne viruses , the consequences of physical and mental impairment on the ability to drive , the impact of the manufacture , transport and disposal of the new psychoactive substance and associated waste materials on the environment . ### the risks to public safety , in particular the spread of diseases , including transmission of blood borne viruses , the consequences of physical and mental impairment on the ability to drive , the impact of the manufacture , transport and disposal of the new psychoactive substance and associated waste materials on the environment .


### the risks to safety are limited , in particular low risk of spread of diseases , including transmission of blood borne viruses , non - existent or low consequences of physical and mental impairment on the ability to drive , and the impact of the manufacture , transport and disposal of the new psychoactive substance and associated waste materials on the environment is low . ### the risks to public safety are limited , in particular low risk of spread of diseases , including transmission of blood borne viruses , non - existent or low consequences of physical and mental impairment on the ability to drive , and the impact of the manufacture , transport and disposal of the new psychoactive substance and associated waste materials on the environment is low .


### the risks to safety are severe , in particular significant spread of diseases , including transmission of blood borne viruses , severe consequences of physical and mental impairment on the ability to drive , and the manufacture , transport and disposal of the new psychoactive substance and associated waste materials result in environmental harm . ### the risks to public safety are severe , in particular significant spread of diseases , including transmission of blood borne viruses , severe consequences of physical and mental impairment on the ability to drive , and the manufacture , transport and disposal of the new psychoactive substance and associated waste materials result in environmental harm .


### the risks to safety are moderate , in particular sporadic spread of diseases , including transmission of blood borne viruses , moderate consequences of physical and mental impairment on the ability to drive , and the manufacture , transport and disposal of the new psychoactive substance and associated waste materials results in environmental nuisance . ### the risks to public safety are moderate , in particular sporadic spread of diseases , including transmission of blood borne viruses , moderate consequences of physical and mental impairment on the ability to drive , and the manufacture , transport and disposal of the new psychoactive substance and associated waste materials results in environmental nuisance .


### the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity , abuse liability and dependence - producing potential , is life threatening , as it generally provokes death or lethal injury , severe disease , and severe physical or mental impairment ; ### the harm to health caused by the consumption of the new psychoactive substance associated with its acute and chronic toxicity , abuse liability and dependence - producing potential , is severe and significant , as it generally provokes death or lethal injury , severe disease , and severe physical or mental impairment ;


### the commission and the member states shall support the development , sharing and dissemination of information and knowledge on new psychoactive substances . they shall do so by facilitating cooperation between the emcdda , other union agencies , and scientific and research centres . ### the commission and the member states shall support the development , sharing and dissemination of information and knowledge on new psychoactive substances . they shall do so by facilitating cooperation between the emcdda , other union agencies , and scientific and research centres , and by regularly providing these bodies with up to date information on such substances wherever possible .


### the emcdda and europol shall report annually on the implementation of this regulation . ### the emcdda and europol shall report annually to the commission and member states on the implementation of this regulation , and such reports will be published on a website and made public .


### member states ' competent authorities should be given the powers to stop or seize those products when there are reasonable grounds for suspecting that they are intended for the illicit drug manufacture , when they are exported , imported or in transit . ### member states ' competent authorities should be given the powers to stop or seize those products when there are reasonable grounds for suspecting that they are intended for the illicit drug manufacture , when they are exported , imported or in transit . member states ' competent authorities should share between themselves and with the commission through a european database information on seizures and stopped shipments to improve the overall level of information on trade in drug precursors and medicinal products containing ephedrine or pseudoephedrine .


### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures . ### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances and of their place of residence . today , it is necessary to have access to a bank account to enable effective and full participation in the financial and social community . consumers without a bank account are forced to use cash which not only restricts their choice of payment methods and serves to exclude them from electronic transactions , but is also more expensive . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures .


### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures . ### consumers who are legally resident in the union , who can justify a genuine link with the member state of the payment service provider , and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . consumers should be required to attend in person at an office of the payment service provider in the member state of their choosing . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures .


### member states should ensure that at least one payment service provider offers a payment account with basic features to consumers . access should not be overly difficult and should not entail excessive costs for consumers . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education . ### member states should ensure that at least one payment service provider offers a payment account with basic features to consumers . access should not be overly difficult and should not entail excessive costs for consumers . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education . the requirements of this directive relating to the provision of basic payment accounts can be complied with through law , self - regulation or voluntary agreement .


### member states should ensure that at least one payment service provider offers a payment account with basic features to consumers . access should not be overly difficult and should not entail excessive costs for consumers . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education . ### member states should ensure that at least one payment service provider offers a payment account with basic features to consumers . access should not be overly difficult and should not entail excessive costs for consumers . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education to advise vulnerable people on aspects of budgeting and over - indebtedness .


### ‘ switching’ means , upon a consumer ' s request , transferring from one payment service provider to another the information about all or some standing orders for credit transfers , recurring direct debits and recurring incoming credit transfers executed on a payment account , with or without transferring the positive account balance from one payment account to the other or closing the former account ; ### ‘ switching’ means , upon a consumer ' s request , transferring from one payment service provider to another the information about all or some standing orders for credit transfers , recurring direct debits and recurring incoming credit transfers executed on a payment account , with or without transferring the positive account balance from one payment account to the other or closing the former account ; only an account with a positive or nil balance can be subject to switching ;


### the total amount of fees incurred for each service provided during the relevant period ; ### the total amount of fees incurred for each service provided during the relevant period , or when the consumer bought different services combined in a package the extra cost per service when exceeding the maximum amount of services included in the package and the extra cost per service used that was not included in the package ;


### the total amount of fees incurred for all services provided during the relevant period . ### the total amount of fees incurred for all services provided during the relevant period , or when the consumer bought different services combined in a package the total amount of extra costs when exceeding the maximum amount of services included in the package and the total amount of extra costs of services used that were not included in the package .


### transmit to the receiving payment service provider and , if specifically requested by the consumer pursuant to paragraph 2 , to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandates ; ### transmit to the receiving payment service provider and , if specifically requested by the consumer pursuant to paragraph 2 , to the consumer a list of all existing standing orders for credit transfers and available direct debit mandates and credit transfers with execution date from the date specified in the authorisation ;


### particular attention shall be given to strengthening the rule of law , improving access to justice and supporting civil society , trade and sustainable development , access to icts , health and food security , as well as promoting dialogue , participation and reconciliation , and institution - building . ### particular attention shall be given to strengthening the rule of law , improving access to justice and supporting civil society , infraregional development , trade and sustainable development , access to icts , health and food security , as well as promoting dialogue , participation and reconciliation , and institution - building .


### business environment , regional integration and world markets ; and ### business environment , regional integration and world markets ; support for the development of local production systems , particularly by promoting the development of local crafts , smes , micro - enterprises , cooperatives and fair trade principles ; and


### addressing governance issues and supporting policy reforms , in particular in the areas of social policies , public finance management and taxation , security , reinforcement of good governance and public institutions , protection of human rights , including the indigenous peoples ' and afro - descendents’ rights , environment , fight against discrimination , and fight against production , consumption and trafficking of drugs ; ### addressing governance issues and supporting policy reforms , in particular in the areas of social policies , public finance management and taxation , security , reinforcement of good governance and public institutions , protection of human rights , including the indigenous peoples ' and afro - descendents’ rights , respect for the fundamental labour standards of the international labour organisation , environment , fight against discrimination , and fight against production , consumption and trafficking of drugs ;


### promoting actions aiming at creating more and better jobs , in areas such as developing the competitiveness and resilience of local msmes and their integration into the global economy , assisting developing countries to integrate into the multilateral trading system , developing the private sector and improving the business environment , supporting the definition and implementation of industrial innovation and technology policies and of trade policies and agreements , supporting regional integration efforts , promoting investment relations between the eu and partner countries and regions and leveraging private and public investment and cooperation through innovative financial instruments . promoting the green economy , resource efficiency and sustainable consumption and production processes . promoting the use of electronic communications as a tool to support growth across all sectors in order to bridge the digital divide , to achieve an adequate policy and regulatory framework in this area and promoting the development of necessary infrastructure and the use of services and applications based on ict . ### promoting actions aiming at creating more and better jobs , in areas such as developing the competitiveness and resilience of local msmes and their integration into the global economy , developing local crafts , which serve to preserve the local cultural heritage , assisting developing countries to integrate into the multilateral trading system , developing the private sector and improving the business environment , supporting the development of the local economy and local production systems , the definition and implementation of industrial innovation and technology policies and of trade policies and agreements , supporting regional integration efforts , promoting investment relations between the eu and partner countries and regions and leveraging private and public investment and cooperation through innovative financial instruments . promoting the green economy , resource efficiency and sustainable consumption and production processes . promoting the use of electronic communications as a tool to support growth across all sectors in order to bridge the digital divide , to achieve an adequate policy and regulatory framework in this area and promoting the development of necessary infrastructure and the use of services and applications based on ict .


### to achieve this objective , enhanced actions at union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by member states ' competent authorities . terrorism and organised crime , drug trafficking , corruption , cyber crime , trafficking in human beings and arms , inter alia , continue to challenge the internal security of the union . ### to achieve this objective , enhanced actions at union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by member states ' competent authorities . terrorism and organised crime , drug trafficking , corruption , cyber crime , trafficking in human beings and arms and trafficking in protected species , inter alia , continue to challenge the internal security of the union .


### to achieve this objective , enhanced actions at union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by member states ' competent authorities . terrorism and organised crime , drug trafficking , corruption , cyber crime , trafficking in human beings and arms , inter alia , continue to challenge the internal security of the union . ### to achieve this objective , enhanced actions at union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by member states ' competent authorities . terrorism and organised crime , drug trafficking , corruption , cyber crime , cyber security , trafficking in human beings and arms , inter alia , continue to challenge the internal security of the union .


### to promote the implementation of the internal security strategy and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support by setting up an internal security fund . ### to promote the implementation of the internal security strategy and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support by setting up and managing an internal security fund .


### financial assistance in these areas should in particular support actions promoting cross - border joint operations , access to and exchange of information , exchange of best practices , facilitated and secure communication and coordination , training and exchange of staff , analytical , monitoring and evaluation activities , comprehensive threat and risk assessments , awareness raising activities , testing and validation of new technology , forensic science research and the acquisition of technical interoperable equipment . ### financial assistance in these areas should in particular support actions promoting cross - border joint operations , access to and exchange of information , exchange of best practices , facilitated and secure communication and coordination , training and exchange of staff , analytical , monitoring and evaluation activities , comprehensive threat and risk assessments , cooperation between member states and relevant eu bodies , awareness raising activities , testing and validation of new technology , forensic science research and the acquisition of technical interoperable equipment .


### this instrument should be implemented in full respect with the rights and principles enshrined in the charter of fundamental rights of the european union . ### does not affect the english version


### in order to supplement or amend provisions in this instrument regarding the definition of strategic union priorities , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission which should carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### does not affect the english version


### to ensure a uniform implementation of the internal security fund , the union budget allocated to this financial instrument should be implemented by shared management , with the exception of actions of particular interest to the union , emergency assistance and technical assistance , which are implemented in direct and indirect management . ### to ensure a uniform implementation of the internal security fund and efficient management of actions of particular interest to the union , emergency assistance and technical assistance , the union budget allocated to this financial instrument should be implemented by direct and indirect management , with the exception of actions requiring administrative flexibility and national programmes , which are implemented in shared management .


### the resources allocated to member states for implementation through their national programmes should be distributed on the basis of clear and objective criteria relating to the public goods to be protected by member states and the degree of their financial capacity to ensure a high level of internal security , such as the size of their population , their territorial size , the number of passengers and cargo processed through international air and seaports , the number of european critical infrastructure and their gross domestic product . ### the resources allocated to member states for implementation through their national programmes should be distributed on the basis of clear , objective and measurable criteria relating to the public goods to be protected by member states and the degree of their financial capacity to ensure a high level of internal security , such as the size of their population , their territorial size , the number of passengers and cargo processed through international air and seaports , the number of european critical infrastructure and their gross domestic product .


### actions improving police cooperation and coordination between law enforcement authorities , including joint investigation teams and any other form of cross - border joint operation , the access to and exchange of information and interoperable technologies ; ### actions improving police cooperation and coordination between law enforcement authorities , including joint investigation teams and any other form of cross - border joint operation , the access to and exchange of information and interoperable technologies , such as the extension of europol secure information exchange network application or the implementation of data loaders for the europol information system ;


### the global resources for the implementation of this regulation shall be eur 1 , 128 million . ### the indicative global resources for the implementation of this regulation shall be eur 1 , 128 million .


### the annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework . ### the annual appropriations for the fund shall be authorised by the budgetary authority without prejudice to the provisions of the regulation laying down the multiannual financial framework for the years 2014 - 2020 and the interinstitutional agreement of xxx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management .


### the budget allocated under the instrument shall be implemented under shared management in accordance with article 55 of regulation no xxxx / 2012 [ new financial regulation ] , with the exception of the union actions referred to in article 7 , the technical assistance referred to in article 8 and the emergency assistance referred to in article 9 . ### the budget allocated under the instrument shall be implemented by direct and indirect management and the emergency assistance referred to in article 9 ) or under shared management in accordance with article 55 of regulation no xxxx / 2012 [ new financial regulation ] .


### the global resources shall be used indicatively as follows : ### without prejudice to the prerogatives of the budgetary authority , the global resources shall be used indicatively as follows :


### under the national programmes to be examined and approved by the commission pursuant to article 14 of regulation no xxx / 2012 [ horizontal regulation ] , member states shall focus on projects addressing the strategic union priorities listed in the annex to this regulation . ### under the national programmes to be examined and approved by the commission pursuant to article 14 of regulation no xxx / 2012 [ horizontal regulation ] , member states shall implement projects addressing the strategic union priorities listed in the annex to this regulation .


### projects enhancing awareness of union policies and objectives among stakeholders and the general public , including corporate communication on the political priorities of the union ; ### projects enhancing awareness of these policies among stakeholders and the general public ;


### the commission shall submit to the european parliament and the council , by 31 december 2015 , a report on the results achieved and on qualitative and quantitative aspects of implementation of council decision 2007 / 125 / jha for the period 2011 to 2013 . ### the commission shall submit to the european parliament and the council , by 31 december 2015 , a report on the results achieved and on qualitative and quantitative aspects of implementation of council decision 2007 / 125 / jha for the period 2011 to 2013 . in this report , the european commission shall provide concrete evidence , if available , of the complementarity and synergies achieved between the eu funds and the members states ' budgets and of the triggering effects on member states of the eu budget in achieving the objectives set in the council decision 2007 / 125 / jha .


### horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ' europe 2020 flagship initiative innovation ' whereby the commission engages to radically simplify access of participants . ### horizon 2020 should be implemented with a view to contributing directly to research and innovation excellence , creating industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ' europe 2020 flagship initiative innovation ' whereby the commission engages to radically simplify access of participants . at the same time horizon 2020 should duly take into account the need to distinguish between different types of beneficiaries .


### horizon 2020 should support the achievement and functioning of the european research area in which researchers , scientific knowledge and technology circulate freely , by strengthening cooperation between the union and the member states , notably through application of a coherent set of rules . ### horizon 2020 should support the achievement and functioning of the european research area in which researchers , scientific knowledge and technology circulate freely , by strengthening cooperation between the union and the member states , notably through application of a coherent and transparent set of rules .


### the rules for the participation and dissemination should adequately reflect the recommendations of the european parliament , as summarised in the ' report on simplifying the implementation of the research framework programmes ' , and council with regard to the simplification of the administrative and financial requirements of the research framework programmes . the rules should give continuity to the simplification measures already implemented under decision no 1982 / 2006 / ec of the european parliament and of the council of 18 december 2006 concerning the seventh framework programme of the european community for research , technological development and demonstration activities and progress further in reducing the administrative burden for participants and the complexity of the financial provisions in order to decrease financial errors . the rules should also duly consider the concerns and recommendations from the research community resulting from the debate initiated by the commission communication of 29 april 2010 to the european parliament , the council , the european economic and social committee and the committee of the regions ' simplifying the implementation of the research framework programmes ' , and the subsequent green paper of 9 february 2011 ' from challenges to opportunities : towards a common strategic framework for eu research and innovation funding ' . ### the rules for the participation and dissemination should adequately reflect the recommendations of the european parliament , as summarised in the ' report on simplifying the implementation of the research framework programmes ' and council with regard to the simplification of the administrative and financial requirements of the research framework programmes . in its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1the european parliament has furthermore called for a radical simplification of union research and innovation funding stressing that any increase of funds should be coupled with a radical simplification of funding procedures . the rules should give continuity to the simplification measures already implemented under decision no 1982 / 2006 / ec of the european parliament and of the council of 18 december 2006 concerning the seventh framework programme of the european community for research , technological development and demonstration activities and progress further in reducing the administrative burden for participants and the complexity of the financial provisions in order to facilitate participation and decrease financial errors . the rules should also duly consider the concerns and recommendations from the research community resulting from the debate initiated by the commission communication of 29 april 2010 to the european parliament , the council , the european economic and social committee and the committee of the regions ' simplifying the implementation of the research framework programmes ' , and the subsequent green paper of 9 february 2011 ' from challenges to opportunities : towards a common strategic framework for eu research and innovation funding ' . in concrete terms , the new simplified rules of participation and dissemination should aim to reduce the average time to grant by 100 days as compared to the situation in 2011 as outlined in the commission communication of 30 november 2011 to the european parliament , the council , the european economic and social committee and the committee of the regions ' horizon 2020 - the framework programme for research and innovation ' 2 . __________ 1 texts adopted , p7_ta0266 . 2 com808 final .


### specific challenges in the area of research and innovation should be addressed through new forms of funding such as prizes , pre - commercial procurement and public procurement of innovative solutions which require specific rules . ### specific challenges in the area of research and innovation could be addressed through new forms of funding potentially more efficient such as prizes , pre - commercial procurement and public procurement of innovative solutions which require specific rules as well as an enhanced and more targeted use of innovative financial instruments . member states and the commission should endeavour to increase their visibility and accessibility to relevant stakeholders .


### the financial interests of the union should be protected through proportionate measures throughout the expenditure cycle . ### the financial interests of the union should be protected through necessary , proportionate and efficient measures throughout the expenditure cycle .


### in order to enhance transparency , the names of experts that have assisted the commission or relevant funding bodies in application of this regulation should be published . where the publication of the name would endanger the security or integrity of the expert or would unduly prejudice his or her privacy , the commission or funding bodies should be able to refrain from the publication of such names . ### in order to enhance transparency , the names of the legal entities awarded funding and of experts that have assisted the commission or relevant funding bodies in application of this regulation should be published . where the publication of the names would justifiably prejudice the commercial interests of the participant or endanger the security or integrity of the expert or would unduly prejudice his or her privacy , the commission or funding bodies should be able to refrain from the publication of such names .


### a funding body may establish rules which depart from those laid down in this regulation or regulation no xx / 2012 [ the financial regulation ] if this is provided for in the basic act or , subject to the consent of the commission , if its specific operating needs so require . ### a funding body may establish rules which depart from those laid down in this regulation or regulation no . xx / 2012 [ the financial regulation ] if this is provided for in the basic act or , subject to the consent of the commission , if its specific operating needs so require , in which case the commission shall duly inform the two arms of the budgetary authority .


### ' legal entity’ means undertakings , research centres and universities , encompassing any natural person , or any legal person created under national law , union law or international law , which has legal personality and which may , acting in its own name , exercise rights and be subject to obligations ; ### ' legal entity’ means undertakings , research centres and universities , encompassing any natural person , or any legal person created under national law , union law or international law , which has legal personality and which may , acting in its own name , exercise rights and be subject to obligations , including non - profit and civil society organisations ;


### without prejudice to article 3 , the commission shall , upon request , make available to the union institutions and bodies , any member state or associated country , any useful information in its possession on results of a participant that has received union funding , provided that both the following conditions are met : ### without prejudice to article 3 , the commission shall publish the names of the recipients of eu funding and , upon request , make available to the union institutions and bodies , any member state or associated country , any useful information in its possession on results of a participant that has received union funding , provided that both the following conditions are met :


### without prejudice to article 3 , the commission shall , upon request , make available to the union institutions and bodies , any member state or associated country , any useful information in its possession on results of a participant that has received union funding , provided that both the following conditions are met : ### without prejudice to article 3 , the commission shall , upon request , make available to the union institutions and bodies , any member state , associated country and union citizens or their directly elected representative , any useful information in its possession on results of a participant that has received union funding , provided that both the following conditions are met :


### in accordance with article 10 of regulation xx / 2012 [ horizon 2020 ] , funding may take one or several of the forms of provided for by regulation no xx / 2012 [ financial regulation ] , in particular grants , prizes , procurement and financial instruments . ### in accordance with article 10 of regulation no . xx / 2012 [ horizon 2020 ] , funding may take one or several of the forms of provided for by regulation no xx / 2012 [ financial regulation ] , including grants , prizes , procurement and financial instruments .


### without prejudice to the other cases provided for in regulation no xx / 2012 [ financial regulation ] and in regulation no xx / 2012 [ delegated regulation ] , calls for proposals shall not be issued for coordination and support actions and programme co - fund actions to be carried out by legal entities identified in the work programmes provided that the action does not fall under the scope of a call for proposals . ### without prejudice to the other cases provided for in regulation no xx / 2012 [ financial regulation ] and in regulation no xx / 2012 [ delegated regulation ] , calls for proposals shall not be issued for coordination and support actions and programme co - fund actions to be carried out by legal entities identified in the work programmes provided that the action does not fall under the scope of a call for proposals . calls for proposals may take all forms , including open calls , which are necessary to ensure the level of flexibility imposed by the diversity of research and innovation sectors and activities , from long - term projects to short - term opportunity - seizing activities .


### a proposal which contravenes ethical principles or any applicable legislation , or which does not fulfil the conditions set out in decision no xx / xx / eu [ specific programme ] , the work programme or work plan or in the call for proposals may be excluded from the evaluation , selection and award procedures at any time . ### a proposal which contravenes ethical principles , fundamental rights or any applicable legislation , or which does not fulfil the conditions set out in decision no xx / xx / eu [ specific programme ] , the work programme or work plan or in the call for proposals may be excluded from the evaluation , selection and award procedures at any time .


### the commission or the relevant funding body shall provide an evaluation review procedure for applicants who consider that the evaluation of their proposal has not been carried out in accordance with the procedures set out in these rules , the relevant work programme or work plan and the call for proposals . ### the commission or the relevant funding body shall provide a fully transparent evaluation review procedure for applicants who consider that the evaluation of their proposal has not been carried out in accordance with the procedures set out in these rules , the relevant work programme or work plan and the call for proposals .


### an evaluation review committee composed of commission staff or of the relevant funding body staff shall provide an opinion on the procedural aspects of the evaluation process . it shall be chaired by an official of the commission or of the relevant funding body , from a department other than the one responsible for the call for proposals . the committee may recommend one of the following : ### an evaluation review committee composed of commission staff or of the relevant funding body staff shall provide a transparent and objective opinion on the evaluation process . it shall be chaired by an official of the commission or of the relevant funding body , from a department other than the one responsible for the call for proposals . the committee may recommend one of the following :


### the grant agreement shall , where appropriate , contain provisions ensuring the respect of ethical principles , including the establishment of an independent ethics board and the right of the commission to carry out an ethics audit . ### the grant agreement shall , where appropriate , contain provisions ensuring the respect of ethical principles and fundamental rights , including the establishment of an independent ethics board and the right of the commission to delegate an independent ethics audit .


### the commission or the relevant funding body may establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned . ### the commission or the relevant funding body shall establish a secure electronic application system for exchanges with the participants , that shall inform applicants of the details and timeline of their application , in an easily accessible format . this system shall provide feedback to applicants so they know when they are likely to receive a decision from the commission or relevant funding body . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned .


### participants shall make no commitments which are incompatible with the grant agreement . where a participant fails to comply with its obligations regarding the technical implementation of the action , the other participants shall comply with the obligations without any additional union funding unless the commission or funding body expressly relieves them of that obligation . the financial responsibility of each participant shall be limited to its own debt , subject to the provisions relating to the fund . the participants shall ensure that the commission or funding body is informed of any event which might affect the implementation of the action or the interests of the union . ### participants shall make no commitments which are incompatible with the grant agreement . where a participant fails to comply with its obligations regarding the technical implementation of the action , the other participants shall comply with the obligations without any additional union funding unless the commission or funding body expressly relieves them of that obligation . the financial responsibility of each participant shall be limited to its own debt , subject to the provisions relating to the fund . the participants shall ensure that the commission or funding body is informed of any serious event which might affect the implementation of the action or the interests of the union .


### the award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the grant agreement . ### the award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the model grant agreement .


### participants shall comply with national legislation , regulations and ethical rules in the countries where the action will be carried out . where appropriate , participants shall seek the approval of the relevant national or local ethics committees prior to the start of the action . ### participants shall comply with national legislation , regulations and ethical rules in the union and associated countries where the action will be carried out . where appropriate , participants shall seek the approval of the relevant national or local ethics committees prior to the start of the action . actions which are carried out by third countries and funded by the commission shall comply with the union legislation .


### appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts . ### appropriate measures shall be taken to seek a balance between all interests involved and to seek gender balance and geographical diversity when appointing independent experts .


### independent experts shall be identified and selected on the basis of calls for applications from individuals and calls addressed to relevant organisations such as national research agencies , research institutions , standardisation organisations or enterprises with a view to establishing a database of candidates . ### independent experts shall be identified and selected on the basis of calls for applications from individuals and calls addressed to relevant organisations such as national and regional research agencies , research and technology institutions , standardisation organisations or enterprise organisations and enterprises with a view to establishing a database of candidates .


### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with , the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity , including on an exclusive basis . ### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with , the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity . the possibility to grant licenses on an exclusive basis shall be exceptional and shall not conflict with the objective of maximum dissemination and exploitation of results . the conditions for such licenses shall be laid down in the grant agreement .


### with regard to results which are generated by participants that have received union funding , the commission or funding body may object to transfers of ownership or to grants of an exclusive licence , to third parties established in a third country not associated to horizon 2020 , if it considers that the grant or transfer is not in accordance with the interests of developing the competitiveness of the union economy or is inconsistent with ethical principles or security considerations . ### with regard to results which are generated by participants that have received union funding , the commission or funding body may object to transfers of ownership or to grants of an exclusive licence , to third parties established in a third country not associated to horizon 2020 , if it considers that the grant or transfer is not in accordance with the interests of developing the competitiveness of the union economy , of cooperating with third countries to address societal challenges , or is inconsistent with ethical principles or security considerations .


### participants shall identify the background for their action in any manner in a written agreement . ### participants shall identify the background necessary for their action in any manner in a written agreement .


### the european platform against poverty and social exclusion and the innovation union flagship initiatives identify social innovation as a powerful tool for addressing the social challenges arising from population ageing , poverty , unemployment , new work patterns and life styles , and citizens ' expectations regarding social justice , education and health care . the programme should support action to step up social innovation in policy areas falling within its scope in the public , private and third sectors , taking due account of the role of regional and local authorities . in particular , it should help identify , evaluate and scale up innovative solutions and practice through social experimentation to assist the member states more effectively in reforming their labour markets and social protection policies . it should also act as a catalyst for transnational partnerships and networking between public , private and third - sector actors as well as supporting their involvement in designing and implementing new approaches to tackling pressing social needs and challenges . ### the european platform against poverty and social exclusion and the innovation union flagship initiatives identify social innovation as a powerful tool for addressing the social challenges arising from population ageing , poverty , unemployment , new work patterns and life styles , and citizens ' expectations regarding social justice , education and health care . the programme should support action to step up social innovation in policy areas falling within its scope in the public , private and third sectors , taking due account of the role of regional and local authorities . in particular , it should help identify , analyse and scale up innovative solutions and practice through social experimentation to assist the member states more effectively in reforming their labour markets , enterprise policy and social protection policies . it should also act as a catalyst for transnational partnerships and networking between public , private and third - sector actors as well as supporting their involvement in designing and implementing new approaches to tackling pressing social needs and challenges .


### support the development of adequate , accessible and efficient social protection systems and labour markets and facilitate policy reform , by promoting good governance , mutual learning and social innovation ; ### support the development of adequate , more flexible and efficient social protection systems and labour markets and facilitate policy reform , by promoting good governance , mutual learning and social innovation ;


### exchanges and dissemination of good practice , innovative approaches and experience , peer reviews , benchmarking and mutual learning at european level ; ### exchanges , identification and dissemination of good practice , innovative approaches and experience , peer reviews , benchmarking and mutual learning at european level ;


### networking and cooperation among specialist bodies , national , regional and local authorities , and employment services at european level ; ### networking and cooperation among specialist bodies and other relevant stakeholders , national , regional and local authorities , and employment services at european level ;


### the social partners ; ### the social partners and relevant business interests ;


### the commission may cooperate with third countries not participating in the programme . representatives of such third countries may attend events of mutual interest that take place in countries participating in the programme and the cost of their attendance may be covered by the programme . ### the commission may cooperate with third countries not participating in the programme . representatives of such third countries may attend events of mutual interest that take place in countries participating in the programme and the cost of their attendance may be co - financed by the programme .


### new psychoactive substances , which imitate the effects of substances scheduled under the un conventions , are emerging frequently and are spreading fast in the union . certain new psychoactive substances pose severe health , social and safety risks , as ascertained by [ regulation no … / … on new psychoactive substances ] . under that regulation , measures may be taken to prohibit the production , manufacture , making available on the market including importation to the union , transport , and exportation from the union of new psychoactive substances posing severe health , social and safety risks . to effectively reduce the availability of new psychoactive substances that pose severe risks to individuals and society , and to deter trafficking in those substances across the union , as well as the involvement of criminal organisations , permanent market restriction measures adopted under that regulation should be underpinned by criminal law provisions . ### new psychoactive substances , which imitate the effects of substances scheduled under the un conventions , are emerging frequently and are spreading fast in the union . certain new psychoactive substances pose severe public health , social and safety risks , as ascertained by [ regulation no … / … on new psychoactive substances ] . under that regulation , measures may be taken to prohibit the production , manufacture , making available on the market including importation to the union , transport , and exportation from the union of new psychoactive substances posing severe health , social and safety risks . to effectively reduce the availability of new psychoactive substances that pose severe risks to individuals and society , and to deter trafficking in those substances across the union , as well as the involvement of criminal organisations , often generating great profit on illicit drug trafficking , permanent market restriction measures adopted under that regulation should be underpinned by criminal law provisions .


### in order to swiftly address the emergence and spread of harmful new psychoactive substances in the union , member states should apply the provisions of the framework decision 2004 / 757 / jha to new psychoactive substances posing severe health , social and safety risks within twelve months from their submission to permanent market restriction under [ regulation no … / … on new psychoactive substances ] . ### in order to swiftly address the emergence and spread of harmful new psychoactive substances in the union , member states should apply the provisions of the framework decision 2004 / 757 / jha to new psychoactive substances posing severe health , social and safety risks as quickly as possible and in any event no later than twelve months from their submission to permanent market restriction under [ regulation no … / … on new psychoactive substances ] .


### in its conclusions of 25 may 2010 on the future revision of the trade mark system in the european union , the council called on the commission to present proposals for the revision of regulation no 207 / 2009 and directive 2008 / 95 / ec . in doing so , the revision of the latter should include measures to make it more consistent with regulation no 207 / 2009 and would thus reduce the areas of divergence within the trade mark system in europe as a whole . ### in its conclusions of 25 may 2010 on the future revision of the trade mark system in the european union , the council called on the commission to present proposals for the revision of regulation no 207 / 2009 and directive 2008 / 95 / ec . in doing so , the revision of the latter should include measures to make it more consistent with regulation no 207 / 2009 and would thus reduce the areas of divergence within the trade mark system in europe as a whole , while maintaining national trade mark protection as an attractive option for applicants . in this context , the complementary relationship between the european union trade mark system and national trade mark systems should be ensured .


### it is fundamental to ensure that registered trade marks enjoy the same protection under the legal systems of all the member states , and that the protection of trade marks at the national level is the same as the protection of european trade marks . in line with the extensive protection granted to european trade marks which have a reputation in the union , extensive protection should also be granted at national level to all registered trade marks which have a reputation in the member state concerned . ### it is fundamental to ensure that registered trade marks enjoy the same protection under the legal systems of all the member states , and that the protection of trade marks at the national level is the same as the protection of european union trade marks . in line with the extensive protection granted to european union trade marks which have a reputation in the union , extensive protection should also be granted at national level to all registered trade marks which have a reputation in the member state concerned .


### to this end , it is necessary to list examples of signs which may constitute a trade mark , provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings . in order to fulfil the objectives of the registration system for trade marks , which are to ensure legal certainty and sound administration , it is also essential to require that the sign is capable of being represented in a manner which allows for a precise determination of the subject of protection . a sign should therefore be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation offers satisfactory guarantees to that effect . ### to this end , it is necessary to list examples of signs which may constitute a trade mark , provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings . in order to fulfil the objectives of the registration system for trade marks , which are to ensure legal certainty and sound administration , it is also essential to require that the sign be capable of being represented in the register in a manner which allows for a precise determination of the subject of protection . a sign should therefore be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation uses generally available technology and offers satisfactory guarantees to that effect .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered trade mark should be entitled to prevent third parties from bringing counterfeit goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorisation a trade mark which is essentially identical to the trade mark registered in respect of such goods . in order not to hamper legitimate flows of goods , this rule should only apply if the proprietor of a trade mark is able to show that the trade mark is validly registered also in the country of destination . this rule should be without prejudice to the union ' s right to promote access to medicines for third countries .