### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . national regulatory authorities should establish clear and comprehensible notification and redress mechanisms for end - users subjected to discrimination , restriction or interference of online content , services or applications . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .


### the commission may adopt implementing acts laying down uniform technical and methodological rules for the implementation of one or more of the european access products within the meaning of articles 17 and 19 and of annex i , points 2 and 3 , and annex ii , in accordance with the respective criteria and parameters specified therein . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### the commission may adopt implementing acts laying down uniform technical and methodological rules for the implementation of one or more of the european access products within the meaning of articles 17 and of annex i , points 2 and 3 , in accordance with the respective criteria and parameters specified therein . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . where such agreements are concluded with the provider of internet access services , that provider shall ensure that the enhanced quality of service is not to the detriment of the performance , affordability or quality of internet access services , in accordance with the principle of net neutrality .


### the commission shall , on the basis of the reports from member states referred to in article 14 and in conjunction with scientific advice , evaluate the impact of the measures on the stocks and fisheries concerned in the year following that in which it receives the reports . ### the commission shall , on the basis of the reports from member states referred to in article 14 and on the basis of advice from stecf , ices and the north sea regional advisory council , in conjunction with scientific advice , evaluate the impact of the measures on the stocks and fisheries concerned in the year following that in which it receives the reports .


### regulation of the european parliament and of the council amending regulation no 1334 / 2000 setting up a community regime for the control of exports of dual - use items and technology ### regulation of the european parliament and of the council amending regulation no 428 / 2009 setting up a community regime for the control of exports , transfer , brokering and transit of dual use items


### council regulation no 1334 / 2000 of 22 june 2000 setting up a community regime for the control of exports of dual - use items and technology requires dual - use items to be subject to effective control when they are exported from the community . ### council regulation no 1334 / 2000 of 22 june 2000 , as amended by council regulation no&#160 ; 428 / 2009 of 5 may 2009 setting up a community regime for the control of exports , transfer , brokering and transit of dual use items requires dual - use items to be subject to effective control when they are exported from or transit through the union , or are delivered to a third country as a result of brokering services provided by a broker resident or established in the union .


### it is desirable to achieve uniform and consistent application of controls throughout the community in order to avoid unfair competition among community exporters and ensure efficiency of the security controls in the community . ### it is desirable to achieve uniform and consistent application of controls throughout the union in order to avoid unfair competition among union exporters , harmonise the scope of general export authorisations and the conditions of their use and ensure efficiency of the security controls in the union .


### in its communication of 18 december 2006 , the commission put forward the idea of the creation of new community general export authorisations in a bid to simplify the current legal system , enhance the industry’s competitiveness and establish a level playing field for all community exporters when they export certain items to certain destinations . ### in its communication of 18 december 2006 , the commission put forward the idea of the creation of new union general export authorisations in a bid to simplify the current legal system , enhance the industry’s competitiveness and establish a level playing field for all union exporters when they export certain items to certain countries of destination .


### the competent authorities of the member state where the exporter is established should be provided with the possibility of not permitting the use of the community general export authorisations foreseen in this regulation where the exporter has been sanctioned of an export - related offence punishable by the withdrawal of the right to use these authorisations . ### the competent authorities of the member state where the exporter is established should be provided with the possibility of not permitting the use of the union general export authorisations foreseen in this regulation where the exporter has been sanctioned because of an export - related offence punishable by the withdrawal of the right to use these authorisations .


### regulation no 1334 / 2000 should therefore be amended accordingly . ### regulation no 428 / 2009 should therefore be amended accordingly .


### 1 - 1 ) this is general export authorisation in accordance with article 6 and covers the following items : all dual - use items specified in any entry in annex i except those listed in paragraph 1 - 2 below : where the items were imported into the european community territory for the purpose of maintenance or repair , and are exported to the country of consignment without any changes to their original characteristics , or b . where the items are exported to the country of consignment in exchange for items of the same quality and number which were re - imported into the european community territory for repair or replacement under warranty . ### 1 - 1 ) this general export authorisation is in accordance with article 9 and covers the following items : all dual - use items specified in any entry in annex i except those listed in paragraph 1 - 2 below : where the items were re - imported into the customs territory of the european union for the purpose of maintenance , repair or replacement , and are exported or re - exported to the country of consignment without any changes to their original characteristics within a period of five years after the date when the original export authorisation has been granted , or b . where the items are exported to the country of consignment in exchange for items of the same quality and number which were re - imported into the customs territory of the european union for maintenance , repair or replacement within a period of five years after the date when the original export authorisation has been granted .


### algeria , andorra , antigua and barbuda , argentina , aruba , bahamas , bahrain , bangladesh , barbados , belize , benin , bhutan , bolivia , botswana , brazil , british virgin islands , brunei , cameroon , cape verde , chile , china , comoros islands , costa rica , djibouti , dominica , dominican republic , ecuador , egypt , el salvador , equatorial guinea , falkland islands , faroe islands , fiji , french guyana , french ot , gabon , gambia , gibraltar , greenland , grenada , guadeloupe , guam , guatemala , ghana , guinea bissau , guyana , honduras , hong kong special administrative region , iceland , india , indonesia , israel , jordan , kuwait , lesotho , liechtenstein , macau , madagascar , malawi , malaysia , maldives , mali , martinique , mauritius , mexico , monaco , montserrat , morocco , namibia , netherlands antilles , new caledonia , nicaragua , niger , nigeria , oman , panama , papua new guinea , peru , philippines , puerto rico , qatar , russia , samoa , san marino , sao tome e principe , saudi arabia , senegal , seychelles , singapore , solomon islands , south africa , south korea , sri lanka , st . helena , st . kitts and nevis , st . vincent , surinam , swaziland , taiwan , thailand , togo , trinidad and tobago , tunisia , turkey , turks and caicos islands , united arab emirates , uruguay , us virgin islands , vanuatu , venezuela . ### argentina , albania , bosnia and herzegovina , brazil , chile , china , croatia , former yugoslav republic of macedonia , french overseas territories , iceland , india , israel , kazakhstan , republic of korea , mexico , montenegro , morocco , russia , serbia , singapore , south africa , tunisia , turkey , ukraine , united arab emirates .


### this general authorisation can only be used when the initial export has taken place under a community general export authorisation or an initial export authorisation has been granted by the competent authorities of the member state where the original exporter was established for the export of the items which have subsequently been re - imported into the community custom territory for the purposes of repair or replacement under warranty , as defined below . ### this authorisation can only be used when the initial export has taken place under a union general export authorisation or an initial export authorisation has been granted by the competent authorities of the member state where the original exporter was established for the export of the items which have subsequently been re - imported into the customs territory of the union for the purposes of maintenance , repair or replacement . this general authorisation is valid only for exports to the original end - user .


### provide customs officers , if so requested , with documentary evidence of the date of importation of the goods into the european community , of any repairs to the goods carried out in the european community and of the fact that the items are being returned to the person and the country from which they were imported into the european community . ### provide customs officers , if so requested , with documentary evidence of the date of importation of the goods into the european union , of any repairs to the goods carried out in the european union and of the fact that the items are being returned to the end user and the country from which they were imported into the european union .


### any exporter who uses this authorisation must notify the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date when the first export takes place . ### any exporter who uses this general authorisation must notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date when the first export takes place . reporting requirements attached to the use of this authorisation and additional information that the member state from which the export is made shall require on items exported under this authorisation are defined by member states . a member state shall require the exporter established in that member state to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . any exporter who uses this general authorisation shall every six months inform the relevant national authority of the member state where he is established and the commission of the quantity , value and country of destination of each item exported . this information shall include a description of the items exported along with the relevant control list reference as set out in annex 1 of this regulation . member states shall notify the commission of the notification mechanism chosen for this general export authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### any exporter who uses this general authorisation must notify the competent authorities of the member state where he is established ) of the first use of this authorisation no later than 30 days after the date when the first export takes place . ### any exporter who uses this general authorisation must notify the competent authorities of the member state where he is established ) and the commission of the first use of this authorisation prior to the date when the first export takes place . reporting requirements attached to the use of this authorisation and the additional information that the member state from which the export takes place shall require on items exported under this authorisation are defined by member states . a member state shall require the exporters established in that member state to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request . where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those member states which provide for such authorisations . any exporter who uses this general authorisation shall every six months inform the relevant national authority of the member state where he is established and the commission of the quantity , value and country of destination of each item exported . this information shall include a description of the items exported along with the relevant control list reference as set out in annex 1 of this regulation . member states shall notify the commission of the notification mechanism chosen for this general export authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export ; ### inform the competent authorities of the member state where he is established ) of first use of the authorisation no later than 30 days after the date of first export . no second use of the authorisation may be granted until the conditions and stipulations pertaining to the ' low - value shipments ' export authorisation have been verified by the relevant authorities ;


### argentina , croatia , russia , south africa , south korea , turkey , ukraine ### argentina , china , croatia , iceland , india , republic of korea , russia , south africa , turkey , ukraine .


### where the exporter is aware that the items in question are intended , in their entirety or in part , for any of the uses referred to in articles 4 and 4 . ### where the exporter is aware that the items in question are intended , in their entirety or in part , for any of the uses referred to in subparagraph 1 .


### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### in the context of its effort to increase economic , territorial and social cohesion , the union should , at all stages of implementation of the csf funds , aim at eliminating inequalities and promoting equality between men and women , as well as combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . accordingly , the statistical operations linked to the implementation of the funds should gradually introduce indicators with a view to estimating the impact that the implementation of the various funds and programmes is having on the elimination of such discrimination .


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


### the member states and the commission shall ensure that equality between men and women and the integration of gender perspective is promoted in the preparation and implementation of programmes . ### the member states and the commission shall ensure that equality between men and women , a balance between men and women in decision - making processes and the integration of gender perspective is promoted in the preparation and implementation of programmes .


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


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


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


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


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


### the communication strategy shall be discussed and approved by the first monitoring committee following the adoption of the operational programme . ### the communication strategy shall be discussed and approved by the first monitoring committee following the adoption of the operational programme . over and beyond the technical aspects relating to the dissemination of information , the strategy shall promote gender - oriented language in all media , in accordance with best practice and guidelines drawn up by specific states , regions and local authorities .


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


### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used for the benefit of the most deprived , and should not be applied so as to diminish the obligation of the member states to co - finance the programme . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme . ### [ proposal for a ] regulation of the european parliament and of the council establishing a common organisation of the markets in agricultural products provides that products bought under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the union if that scheme so provides . given that , depending on the circumstances , obtaining of food from the use , processing or sale of such stocks might be economically the most favourable option , it is appropriate to provide for such a possibility in this regulation . the amounts derived from a transaction concerning the stocks should be used in addition to the fund for the benefit of the most deprived . in order to ensure the most efficient possible use of the intervention stocks and the proceeds thereof , the commission should in accordance with article 19 of the regulation no [ cmo ] adopt implementing acts establishing procedures by which the products in intervention stocks may be used , processed or sold for the purposes of the most deprived programme .


### the co - financing rate at the level of the operational programme shall not be higher than 85% of the public eligible expenditure . ### the financing rate at the level of the operational programme shall be 100% of the public eligible expenditure . member states may supplement the fund on a voluntary basis in order to optimise the use thereof , given the increased number of people in need in europe .


### they may also be purchased by a public body and made available free of charge to the partner organisations . in that case , the food may be obtained from the use , processing or sale of the products in intervention stocks made available in accordance with article 15 of the regulation no [ cmo ] , provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the partner organisations . any amount derived from a transaction concerning those stocks shall be used for the benefit of the most deprived persons , and shall not be applied so as to diminish the obligation of the member states , provided in article 18 of this regulation , to co - finance the programme . ### they may also be purchased by a public body and made available free of charge to the partner organisations . in that case , the food may be obtained from the use , processing or sale of the products in intervention stocks made available in accordance with article 15 of the regulation no [ cmo ] , provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the partner organisations . any amount derived from a transaction concerning those stocks shall be used in addition to the fund for the benefit of the most deprived persons .


### in order to enable citizens of the union , economic operators and regional and local authorities to benefit to the full from the advantages deriving from the establishing of an area without internal frontiers , it is appropriate , in particular , to improve the interlinking and interoperability of the national rail networks as well as access thereto , implementing any measures that may prove necessary in the field of technical standardisation . ### in order to enable citizens of the union , economic operators and regional and local authorities to benefit to the full from the advantages deriving from the establishing of an area without internal frontiers , it is appropriate , in particular , to improve the interlinking and interoperability of the national rail networks as well as access thereto , including for passengers with disabilities , implementing any measures that may prove necessary in the field of technical standardisation .


### in order to amend non - essential elements of this directive , 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 the adaptation to technical progress of annex ii regarding the breakdown of the rail system into subsystems and to the description of these subsystems , the content of the tsis and the amendments to tsis , including those amendments needed to remedy tsis deficiencies . 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 council . ### in order to amend non - essential elements of this directive , 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 the adaptation to technical progress of annex ii regarding the breakdown of the rail system into subsystems and to the description of these subsystems , the content of the tsis and the amendments to tsis , including those amendments needed to remedy tsis deficiencies , the scope and the content of the ' ec ' declaration of conformity and suitability for use of interoperability constituents , the verification procedures for subsystems , including the general principles , the content , procedure and documents related to the ' ec ' verification procedure , and to the verification procedure in the case of national rules . 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 council .


### in order to ensure uniform conditions for the implementation of this directive , implementing powers should be conferred on the commission relating to : the content of the file which shall accompany the request of non - application of one or more tsis or parts of them , the details , the format and the transmission modalities of that file ; the scope and the content of the ec declaration of conformity and suitability for use of interoperability constituents , its format and the details of the information included in it ; the classification of the notified national rules in different groups with the aim of facilitating the compatibility checks between fixed and mobile equipment ; the verification procedures for subsystems , including the general principles , the content , procedure and documents related to the ‘ ec’ verification procedure , and to the verification procedure in the case of national rules ; the templates for the ‘ ec’ declaration of verification and for the declaration of verification in the case of national rules and templates for documents of the technical file that has to accompany the declaration of verification ; the common specifications relating to content , data format , functional and technical architecture , operating mode and rules for data input and consultation for the register of infrastructure . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this directive , implementing powers should be conferred on the commission relating to : the content of the file which shall accompany the request of non - application of one or more tsis or parts of them , the details , the format and the transmission modalities of that file ; the format and the details of the information included in the ec declaration of conformity and suitability for use of interoperability constituents ; the classification of the notified national rules in different groups with the aim of facilitating the compatibility checks between fixed and mobile equipment ; the templates for the ' ec ' declaration of verification and for the declaration of verification in the case of national rules and templates for documents of the technical file that has to accompany the declaration of verification ; the common specifications relating to content , data format , functional and technical architecture , operating mode and rules for data input and consultation for the register of infrastructure . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### ‘ interoperability’ means the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance for these lines . ### ‘ interoperability’ means the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance for its lines .


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


### ‘ contracting entity’ means public or private entity which orders the design and / or construction or the renewal or upgrading of a subsystem . this entity may be a railway undertaking , an infrastructure manager or a keeper , or a concession holder responsible for carrying out a project ; ### ‘ contracting entity’ means public or private entity which orders the design and / or construction or the renewal or upgrading of a subsystem . this entity may be a railway undertaking , an infrastructure manager or a keeper , an entity in charge of maintenance or a concession holder responsible for carrying out a project ;


### ‘ keeper’ means the person or entity that , being the owner of a vehicle or having the right to use it , exploits the vehicle as a means of transport and is registered as such in the national vehicle register referred to in article 43 ; ### ‘ keeper’ means the person or entity that , being the owner of a vehicle or having the right to use it , exploits the vehicle as a means of transport and is registered as such in the european vehicle register referred to in article 43 ;


### ‘ acceptable means of compliance’ means non - binding opinions issued by the agency to define ways of establishing compliance with the essential requirements ; ### ‘ acceptable means of compliance’ means non - binding documents issued and published by the agency to define ways of establishing compliance with the essential requirements and / or with relevant tsis ;


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


### the agency shall draw up the draft tsi on the basis of these basic parameters . where appropriate , the agency shall take account of technical progress , of standardisation work already carried out , of working parties already in place and of acknowledged research work . an overall assessment of the estimated costs and benefits of the implementation of the tsis shall be attached to the draft tsi . this assessment shall indicate the likely impact for all the operators and economic agents involved . ### the agency shall draw up the draft tsi on the basis of these basic parameters . where appropriate , the agency shall take account of technical progress , of standardisation work already carried out , of working parties already in place and of acknowledged research work . an overall assessment of the estimated costs and benefits of the implementation of the tsis shall be attached to the draft tsi . this assessment shall indicate the likely impact for all the operators and economic agents involved , and shall take due account of the requirements of directive . . . / . . . on the safety of the rail system within the european union . the member states shall participate in that assessment by providing , where appropriate , the requisite data .


### for any proposed renewal , extension or upgrading of an existing subsystem or part of it , when the application of these tsis would compromise the economic viability of the project . ### for any proposed renewal , extension or upgrading of an existing subsystem or part of it , when the application of these tsis would seriously compromise the economic viability of the project .


### the commission shall establish , by means of implementing acts , the scope and the content of the ec declaration of conformity and suitability for use of interoperability constituents , its format and the details of the information included in it . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission shall be empowered to adopt delegated acts in accordance with article 46 concerning the scope and the content of the ec declaration of conformity and suitability for use of interoperability constituents .


### the commission shall consult the parties concerned as quickly as possible . where , following that consultation , the commission establishes that the measure is justified it shall forthwith inform the member state that has taken the initiative thereof . where , after that consultation , the commission establishes that the measure is unjustified it shall forthwith inform the member state that has taken the initiative and the manufacturer or his authorised representative established within the union thereof . ### the agency , on a mandate from the commission , shall start the consultation process with the parties concerned without delay , and in any case within 20 days . following that consultation , the agency shall establish whether the measure is justified . the agency shall forthwith inform the commission , the member state that has taken the initiative in that regard and the manufacturer or his authorised representative established within the union thereof .


### member states and the agency shall consider as being interoperable and meeting the essential requirements , those structural subsystems constituting the rail system which are covered by the ' ec ' declaration of verification . ### member states and the agency shall consider as being interoperable and meeting the essential requirements , those structural subsystems constituting the rail system which are covered , as appropriate , by the ' ec ' declaration of verification established by reference to tsis in accordance with article 15 or by the declaration of verification established by reference to notified national rules in accordance with article 15a , or both .


### member states shall notify to the commission the list of national rules referred to in article 13 either : ### member states shall notify to the commission and to the agency the list of national rules in use referred to in article 13 in the following cases :


### member states shall notify the full text of existing national rules to the agency and the commission through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . ### member states shall notify the full text of existing national rules through the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] .


### each time the list of rules is changed , or ### each time the list of rules is changed ,


### after a request for non - application of the tsi has been submitted in accordance with article 7 , or ### when a request for non - application of the tsi has been submitted in accordance with article 7 ,


### the rolling stock subsystem and the on - board control - command and signalling subsystem shall be placed on the market by the applicant only if they are designed , constructed and installed in such a way as to meet the essential requirements as set out in annex iii . ### mobile subsystems shall be placed on the market by the applicant only if they are designed , constructed and assembled in such a way as to meet the essential requirements as set out in annex iii .


### a vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the agency in accordance with paragraph 5 . ### the applicant shall place a vehicle on the market only after having received the vehicle authorisation for placing on the market issued by the agency in accordance with paragraph 5 .


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


### in the case of vehicles placed in service for the first time in a third country and subsequently placed in service in a member state , that member state shall ensure that the vehicle data can be retrieved through the national vehicle register or through provisions of an international agreement . ### in the case of vehicles placed in service for the first time in a third country and subsequently placed in service in a member state , that member state shall ensure that the vehicle data can be retrieved through the european vehicle register or through provisions of an international agreement .


### annexes iv , v , vi , vii and ix to directive 2008 / 57 / ec shall apply until the date of application of the corresponding implementing acts referred to in articles 8 , 14 , 15 and 7 of this directive . ### annexes iv , v , vi , vii and ix to directive 2008 / 57 / ec shall apply until the date of application of the corresponding delegated acts referred to in articles 8 , 15 and of the implementing acts referred to in articles 14 , 15 and 7 of this directive .


### in the event of danger devices must enable passengers to inform the driver and accompanying staff to contact him . ### in the event of danger devices must enable passengers to inform the driver and / or conductor and accompanying staff to contact him or them .


### the access doors must incorporate an opening and closing system which guarantees passenger safety . ### it must be possible to board and alight from trains safely . the opening and closing mechanisms for the doors , the platform gap width and the arrangements for making trains ready for departure must guarantee passenger safety . trains must be designed in such a way that passengers cannot be trapped .


### trains must be equipped with a public address system which provides a means of communication to the public from on - board staff . ### trains must be equipped with a public address system which provides a means of communication to the public from on - board staff and / or drivers .


### the characteristics of the rolling stock must be such as to allow it to travel on any line on which it is expected to operate , taking account of relevant climatic conditions . ### the characteristics of the rolling stock must be such as to allow it to travel on any line on which it is expected to operate , taking account of relevant climatic conditions and topography .


### alignment of the network operating rules and the qualifications of drivers and on - board staff and of the staff in the control centres must be such as to ensure safe operation , bearing in mind the different requirements of cross - border and domestic services . ### alignment of the network operating rules and the qualifications of drivers , rolling - stock inspectors , movement controllers and on - board staff and of the staff in the control centres must be such as to ensure safe operation , bearing in mind the different requirements of cross - border and domestic services . efforts must be made to ensure , across the eu , a high level of training with advanced qualifications .


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


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


### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities ; ### the decision - making bodies of the controlled legal person are composed of representatives of the participating contracting authorities ;


### contracting entities shall notify to the commission or the national oversight body , at their request , the following information regarding the application of article 22 , paragraphs 2 , 3 and article 23 : ### contracting entities shall notify to the commission the following information regarding the application of article 22 , paragraphs 2 , 3 and article 23 :


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


### within two months of the award of a contract or the conclusion of a framework agreement , contracting entities shall send a contract award notice on the results of the procurement procedure . ### not later than 14 days after the award of a contract or the conclusion of a framework agreement , contracting entities shall send a contract award notice on the results of the procurement procedure .


### life - cycle costing shall to the extent relevant cover the following costs over the life cycle of a product , service or works as defined in point 22 of article 2 : ### life - cycle costing shall to the extent relevant cover parts or all of the following costs borne by the contracting authority or other users over the life cycle of a product , service or works as defined in point of article 2 :


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


### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv . ### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law , data protection law or environmental law or by the international social and environmental law provisions listed in annex xiv .


### the union may award financial support to the national statistical institutes and other national authorities referred to as designated beneficiaries in article 5 of regulation no 223 / 2009 , for the implementation of the ad hoc modules as referred to in article 7a in accordance with article x of regulation no xx / xx of the european parliament and of the council on a european union programme for social change and innovation , [ com 609 final ] . ### the union shall award financial support to the national statistical institutes and other national authorities referred to as designated beneficiaries in article 5 of regulation no 223 / 2009 , for the implementation of the ad hoc modules as referred to in article 7a in accordance with article x of regulation no xx / xx of the european parliament and of the council on a european union programme for social change and innovation , [ com 609 final ] .


### when exercising the powers delegated in accordance with article 4 and article 7a , the commission shall ensure that the delegated acts do not impose a significant additional administrative burden on the member states and on the respondents . ### when exercising the powers delegated in accordance with article 4 and article 7a , the commission shall ensure that the delegated acts do not impose a significant additional burden on the member states and on the respondents . in addition , the commission shall duly justify the actions in those intended delegated acts and shall provide information with input from member states on the burden and the production costs as referred to in article 14 of regulation no 223 / 2009 .


### the power to adopt delegated acts referred to in article 4 and article 7a shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in article 4 and article 7a shall be conferred on the commission for a period of five years from …* . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ______________ * oj : please insert the date of entry into force of this regulation .


### the cooperation shall be aimed at engaging with partners which share similar political , economic and institutional structures and values to the community and which are important bilateral partners and players in multilateral fora and in global governance . the cooperation also covers partners with which the community has a strategic interest in promoting links . ### the cooperation with partner countries shall be aimed at engaging , on the one hand , with partners which share similar political , economic and institutional structures and values to the community and which are important bilateral partners and players in multilateral fora and in global governance . in addition , the cooperation shall also cover partner countries with which the community has a strategic interest in promoting links . finally , cooperation may also be pursued with partner countries in which the community wishes to promote its own democratic values .


### community - led local development under article 28 of regulation no . / 2012 [ cpr ] may be implemented in cross - border cooperation programmes , provided that the local development group is composed of representatives of at least two countries , of which one is a member state . ### community - led local development under article 28 of regulation no . / 2012 [ cpr ] may be implemented in cross - border cooperation programmes , provided that the local development group is composed of local representatives of at least two countries , of which one is a member state .


### proposal for a regulation of the european parliament and of the council on the monitoring , reporting and verification of carbon dioxide emissions from maritime transport and amending regulation no 525 / 2013 ### proposal for a regulation of the european parliament and of the council on the monitoring , reporting and verification of greenhouse gas emissions from maritime transport and amending regulation no 525 / 2013


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


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


### the introduction of a union mrv system is expected to lead to emission reductions of up to 2% compared to business - as - usual and aggregated net costs reductions of up to 1 . 2 billion eur by 2030 as it could contribute to the removal of market barriers , in particular those related to the lack of information about ship efficiency . this reduction of transport costs should facilitate international trade . furthermore , a robust mrv system is a prerequisite for any market - based measure or efficiency standard , whether applied at union level or globally . it also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport ' s contribution towards achieving a low carbon economy . ### the introduction of a union mrv system is expected to lead to some emission reductions by 2030 as it could contribute to the removal of market barriers , in particular those related to the lack of information about ship efficiency . this reduction of transport costs should facilitate international trade . furthermore , a robust mrv system is a prerequisite for any market - based measure or efficiency standard , whether applied at union level or globally . it also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport ' s contribution towards achieving a low carbon economy .


### verification by accredited verifiers should ensure that monitoring plans and emission reports are correct and in compliance with the requirements defined by this regulation . as an important element to simplify verification , verifiers should check data credibility by comparing reported data with estimated data based on ship tracking data and characteristics . such estimates could be provided by the commission . verifiers should be independent and competent persons or legal entities and should be accredited by national accreditation bodies established pursuant to regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 9319 . __________________ 19 oj l 218 , 13 . 8 . 2008 , p . 30 . ### verification by accredited verifiers should ensure that monitoring plans and emission reports are correct and in compliance with the requirements defined by this regulation . therefore , competence requirements are essential for a verifier to be able to perform the verification activities under the regulation . as an important element to simplify verification , verifiers should check data credibility by comparing reported data with estimated data based on ship tracking data and characteristics . such estimates could be provided by the commission . verifiers should be independent and competent persons or legal entities and should be accredited by national accreditation bodies established pursuant to regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 9319 . __________________ 19 oj l 218 , 13 . 8 . 2008 , p . 30 .


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


### ‘ verifier’ means a legal entity carrying out verification activities that is accredited by a national accreditation body pursuant to regulation no 765 / 2008 of the european parliament and of the council26 and this regulation ; __________________ 26 oj l 218 , 13 . 8 . 2008 , p . 30 . ### ‘ verifier’ means a legal entity carrying out verification activities that is accredited by a national accreditation body pursuant to regulation no 765 / 2008 of the european parliament and of the council26 and this regulation or an agency in charge of a ship emission modelling system ; __________________ 26 oj l 218 , 13 . 8 . 2008 , p . 30 .


### ‘ conservative’ means that a set of assumptions is defined in order to ensure that no under - estimation of annual emissions or over - estimation of distances or amounts of cargo carried occurs ; ### ‘ conservative’ means that a set of assumptions is defined in order to ensure that no under - estimation of annual emissions or over - estimation of distances occurs ;


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


### a description of the emission sources on board of the ship such as main engines , auxiliary engines , boilers and inert gas generators and the fuel types used ; ### a description of the following emission sources and their associated fuel types on board of the ship as follows : main engine auxiliary engine boiler inert gas generator ;


### a description of procedures , systems and responsibilities used to update the completeness of the list of emission sources over the monitoring year for the purpose of ensuring the completeness of monitoring and reporting of the emissions of the ship ; ### a description of procedures , systems and responsibilities used to update the completeness of the list of emission sources over the monitoring period for the purpose of ensuring the completeness of monitoring and reporting of the emissions of the ship ;


### where a change of ownership of ships occurs ; ### where a change of ownership of ships , or change of doc holder or of flag occurs ;


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


### co2 emitted ; ### co2 , sox and nox emitted ;


### by 30 june each year , the commission shall make publicly available the emissions reported in accordance with article 11 and information on the company ' s compliance with the monitoring and reporting requirements set out in articles 11 and 17 . ### by 30 june each year , the commission shall make publicly available the aggregated yearly emissions reported in accordance with article 11 , respecting the confidentiality of commercial information to protect a legitimate economic interest pursuant to articles 3 and article4 of directive 2003 / 4 / ec of the european parliament and of the council . ______________________________ directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information


### member states shall report to the commission by 15 january each year for the year x - 2 , the co2 emissions from maritime transport pursuant to articles 9 and 10 of regulation no xxxx / xxxx . ### member states shall report to the commission by 15 january each year for the year x - 2 , the co2 , sox and nox emissions from maritime transport pursuant to articles 9 and 10 of regulation no xxxx / xxxx .


### this approach shall not be used when bdn are not available on board of ships , especially when cargo is used as a fuel , for example , liquefied natural gas boil - off . ### where bdn ' s are not available on board of ships , especially when cargo is used as a fuel , for example , liquefied natural gas boil - off , the stock takes of fuel tanks and bunker fuel tank readings shall be used only .


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


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


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


### this directive shall not affect the right of member states to adopt or retain more favourable provisions for persons to whom it applies in respect of articles 3 , 12 , 14 and 15 . ### this directive shall not affect the right of member states to adopt or retain more favourable provisions for persons to whom it applies in respect of articles 3 , 11 , 12 , 14 and 15 .


### council directive 1999 / 37 / ec of 29 april 1999 on the registration documents for vehicles harmonises the form and content of the registration certificate in order to facilitate its comprehension and thus facilitate the free movement , on the roads in the territory of the other member states , of vehicles registered in a member state . pursuant to that directive , the registration certificate issued by a member state should be recognised by the other member states for the identification of the vehicle in international traffic or for its re - registration in another member state . directive 1999 / 37 / ec , however , does not contain any provisions determining the competent member state for the registration and the applicable formalities and procedures . consequently , in order to eliminate the barriers to the free movement of motor vehicles within the internal market , it is necessary to establish separate harmonised rules on determining the member state in which motor vehicles must be registered and on simplified procedures for the re - registration of motor vehicles registered in another member state . ### council directive 1999 / 37 / ec of 29 april 1999 on the registration documents for vehicles harmonises the form and content of the registration certificate in order to facilitate its comprehension and thus facilitate the free movement , on the roads in the territory of the other member states , of vehicles registered in a member state . pursuant to that directive , the registration certificate issued by a member state should be recognised by the other member states for the identification of the vehicle in international traffic or for its re - registration in another member state . directive 1999 / 37 / ec , however , does not contain any provisions determining the competent member state for the registration and the applicable formalities and procedures . consequently , in order to eliminate the barriers to the free movement of motor vehicles within the internal market , it is necessary to establish separate harmonised rules on determining the member state in which motor vehicles must be registered and on faster and simplified procedures for the re - registration of motor vehicles registered in another member state .


### in order to achieve the objective of exchange of information between member states through interoperable means , 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 amendments to annexes i and ii of this regulation in the light of technical progress , in particular , in order to take into account relevant amendments to directive 1999 / 37 / ec or amendments to other union acts directly relevant for the updating of annexes i and ii of this regulation , in respect of the conditions which should be met by undertakings using professional vehicle registration certificates in order to satisfy the requirements of a good reputation and the requisite professional competence , and in respect of the duration of the validity of the professional vehicle registration certificates . it is of particular importance that the commission carries out appropriate consultation 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 . ### in order to achieve the objective of exchange of information between member states through interoperable means , 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 amendments to annexes i and ii of this regulation in the light of technical progress , in particular , in order to take into account relevant amendments to directive 1999 / 37 / ec or amendments to other union acts directly relevant for the updating of annexes i and ii of this regulation , in respect of the conditions which should be met by undertakings using professional vehicle registration certificates in order to satisfy the requirements of a good reputation and the requisite professional competence , in respect of the duration of the validity of the professional vehicle registration certificates , and in respect of the provision of radio - frequency identification tags as a safeguard against fraudulent use of number plates . it is of particular importance that the commission carries out appropriate consultation 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 .


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


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


### for a company or other body , corporate or unincorporated , the member state where the central administration is located ; ### for a company or other body , corporate or unincorporated , the member state where the central administration is registered ;


### for a branch , agency or any other establishment of a company or other body , the member state where the branch , agency or any other establishment is located ; ### for a branch , agency or any other establishment of a company or other body , the member state where the branch , agency or any other establishment is registered ;


### the place where a person usually lives , that is for at least 185 days in each calendar year , because of personal and occupational ties , or , in the case of a person with no occupational ties because of personal ties which show close links between that person and the place where he is living ; ### the place where a person is registered or has other proof of residence and usually lives , that is for at least 185 days in each calendar year , because of personal and occupational ties , or , in the case of a person with no occupational ties because of personal ties which show close links between that person and the place where he is living ;


### the condition set out in point shall not apply where the person is living in a member state in order to carry out a task of a definite duration . attendance at a university or school shall not imply transfer of normal residence . ### the condition set out in shall not apply where the person is living in a member state in order to carry out a task of a definite duration of a maximum of 185 days . attendance at a university or school shall not imply transfer of normal residence .


### if roadworthiness tests are required in case of any change of ownership of the vehicle , or for seriously damaged vehicles . ### if the vehicle is seriously damaged .


### the vehicle is seriously damaged , stolen or destructed ; ### the vehicle is seriously damaged , stolen , destroyed or has been fraudulently obtained ;


### upon receipt of the request for the temporary registration certificate referred to in paragraph 1 , the vehicle registration authority shall immediately gather the information on the data items set out in annex i directly from the vehicle registration authority of the member state where the vehicle is registered , in accordance with article 7 , and transfer the data to its own register . ### upon receipt of the request for the temporary registration certificate referred to in paragraph 1 , the vehicle registration authority shall immediately gather the information on the data items set out in annex i directly from the vehicle registration authority of the member state where the vehicle was last registered , in accordance with article 7 , and transfer the data to its own register .


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


### only vehicle registration authorities may have direct access to the data stored and ready for retrieval under the software application . vehicle registration authorities shall take the necessary measures to ensure the prevention of the following : ### only vehicle registration authorities and enforcement authorities shall have direct access to the data stored and ready for retrieval under the software application . vehicle registration authorities shall take the necessary measures to ensure the prevention of the following :


### if it becomes evident that incorrect information or information that should not have been provided has been provided , the vehicle registration authority receiving the information shall be informed immediately . the vehicle registration authority receiving the information shall then delete or correct the information that has been received . ### if it becomes evident that incorrect information or information that should not have been provided has been provided , the vehicle registration authority receiving the information shall be informed immediately . the vehicle registration authorities of the member state where the vehicle was last registered and of the member state where the vehicle is registered shall then delete or correct the information that has been received .


### the commission shall adopt implementing acts to lay down the common procedures and specifications for the software application referred to in paragraph 2 , including the format for the data exchanged , the technical procedures for electronic consultation of and access to the national electronic registers , access procedures and security mechanisms . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12 . ### the commission shall adopt implementing acts to lay down the common procedures and specifications for the software application referred to in paragraph 2 to meet the requirements of this regulation , including the format for the data exchanged , the technical procedures for electronic consultation of and access to the national electronic registers , access procedures and security mechanisms . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12 .


### member states shall inform the commission of the names and contact details of the vehicle registration authorities which are responsible for managing the official registers of vehicles on their territory and for the application of this regulation . ### member states shall inform the commission of the names and contact details of the national contact points and vehicle registration authorities which are responsible for managing the official registers of vehicles on their territory and for the application of this regulation .


### the commission shall publish a list of vehicle registration authorities and any updates to that list on its website . ### the commission shall publish a list of vehicle registration authorities and national contact points and any updates to that list on its website .


### the information on the registration of vehicles in the member state of the relevant authority ; ### the information on the registration procedures of vehicles including time limits , grounds for refusal , relevant documents needed for re - registration , and relevant rights of union citizens to re - registration in the official language or languages of their member state and in english , french or german , in the member state of the vehicle registration authority ;


### the delegation of power referred to in article 10 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in article 10 shall be conferred on the commission a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than three months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or council opposes such extension not later than six months before the end of each period .


### the exchange of information shall be carried out by interoperable electronic means without exchange of data involving other databases . this exchange of information shall be conducted in a cost efficient and secure manner and ensure the security and protection of the data transmitted , as far as possible using existing software applications . ### the exchange of information shall be carried out by interoperable electronic means without exchange of data involving other databases . this exchange of information shall be conducted in a cost efficient and secure manner and ensure the security and protection of the data transmitted , using eucaris .


### assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . the transition from direct management of pre - accession funds by the commission to decentralised management delegated to the beneficiary countries should be progressive and in line with each beneficiary country ' s capacities . ### assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . the transition from direct management of pre - accession funds by the commission to decentralised management delegated to the beneficiary countries should be progressive and in line with each beneficiary country ' s capacities . in order to fight corruption , transparency , good management , prevention of misconduct , compliance and monitoring , accountability and control should be increased and stronger auditing measures should be adopted during this process .


### development of physical capital , the improvement of connections with union and regional networks . ### development of physical capital , the improvement of connections with union infrastructures and regional networks .


### the transition process towards union membership and capacity building ; ### the transition process towards union membership , citizens ' awareness of the european union and capacity building ;


### the strategy papers shall be reviewed at mid - term and revised as appropriate . they may be revised at any time at the initiative of the commission . ### the strategy papers shall be reviewed at mid - term and revised as appropriate . they may be revised at any time at the initiative of the commission . the european parliament shall be empowered to ask the commission to revise the strategy papers . in the event of a negative response , the commission shall provide a full explanation .


### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . ### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib may cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . in its cooperation agreements with local financial intermediary institutions , the eib must ensure that projects funded by intermediaries , including those with smes , do not conflict with the bank ' s normal criteria or the union ' s external policy goals .


### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so . ### the eib should continue to finance investment projects in the areas of social , environmental and economic infrastructure , and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so . the eib should continue to also provide projects with technical advice and assistance , as this support has an important role in the improvement and quality control of projects .


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


### the eib activity under this decision should support the agenda for change proposed by the commission and be coherent with the relevant principles of the european consensus on development and the principles of aid effectiveness outlined in the paris declaration of 2005 , the accra agenda for action of 2008 and the busan partnership agreement of 2011 . furthermore , it should be coherent with the eu strategic framework and action plan on human rights and democracy adopted by the council on 25 june 2012 and international environmental agreements including biodiversity commitments . it should be implemented through a number of concrete measures , in particular by reinforcing the eib ' s capacity to appraise environmental , social and development aspects of investment projects , including human rights and conflict - related risks , and by promoting local consultation with public authorities and civil society . in this context , the eib should implement and further develop its results measurement framework which provides a detailed set of performance indicators measuring the economic , environmental , social , and development impact of its financing operations throughout the lifecycle of the underlying investment . the implementation of the rem should be evaluated as part of the mid - term review of this decision . when carrying out due diligence in respect of an investment project , the eib should , where appropriate and in line with the union ' s social and environmental principles , require the investment project promoter to carry out local consultations and disclose their results to the public . eib financing agreements involving public counterparts should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this decision of the country in which the investment project takes place . ### the eib activity under this decision should support the agenda for change proposed by the commission and be coherent with the relevant principles of the european consensus on development and the principles of aid effectiveness outlined in the paris declaration of 2005 , the accra agenda for action of 2008 and the busan partnership agreement of 2011 . furthermore , it should be coherent with the eu strategic framework and action plan on human rights and democracy adopted by the council on 25 june 2012 and international environmental agreements including biodiversity commitments . it should be implemented through a number of concrete measures , in particular by reinforcing the eib ' s capacity to appraise environmental , social and development aspects of investment projects , including human rights and conflict - related risks , and by promoting local consultation with public authorities and civil society . in this context , the eib should implement and further develop its results measurement framework which provides a detailed set of performance indicators measuring the economic , environmental , social , and development impact of its financing operations throughout the lifecycle of the underlying investment . the implementation of the rem should be evaluated as part of the mid - term review of this decision . when carrying out due diligence in respect of an investment project , the eib should , in line with the principles of the union ' s social and environmental legislation , require the investment project promoter to carry out local consultations and disclose their results to the public . eib financing agreements involving public counterparts should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this decision of the country in which the investment project takes place .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in the areas of transport , energy , including renewable energy , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , energy security and energy infrastructure , including for gas production and transportation to eu energy market , environmental infrastructure , including water and sanitation and green infrastructure , information and communication technology , including telecommunications and broadband network infrastructure , health and education . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects , and consider in particular the use of debt capital market instruments , in the areas of transport , energy , including renewable energy , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , energy security and energy infrastructure , including electricity transmission infrastructure , in particular interconnections that facilitate the integration of electricity from renewable sources , environmental infrastructure , including water and sanitation and green infrastructure , information and communication technology , including telecommunications and broadband network infrastructure , health and education . priority consideration should be given to electricity infrastructure projects connecting the union and third countries which provide mutual economic , development , social and environmental benefits .


### in line with union and international climate change objectives , before the end of 2016 , the eib , in cooperation with the commission and following a public consultation , shall update its climate change strategy as regards eib financing operations . ### in line with union and international climate change objectives , before the end of 2015 , the eib , in cooperation with the commission and following a full public consultation , shall update its climate change strategy on how to gradually and steadily increase under its external mandate the percentage of projects promoting the reduction of co2 emissions and phase out financing projects detrimental to the achievement of union climate objectives . this strategy should inter alia include targets to increase lending to energy efficiency and renewable energy projects and an action plan to implement the conclusions of the european council of 22 may 2013 regarding the need to prioritise the phasing out of environmentally or economically harmful subsidies , including for fossil fuels .


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