### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied where life - cycle costing is included in the award criteria referred to in article 66 . ### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , such legislative acts shall be adopted in close consultation with stakeholders , including industry . such common methodologies shall be applied where life - cycle costing is included in the award criteria referred to in article 66 .


### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the public contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . for service contracts and for contracts involving the design of works , contracting authorities should also be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality of contract performance and , as a result , the economic value of the tender . ### in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the 35 most economically advantageous tenders , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or 40 members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . for service contracts and for contracts involving the design of works , contracting authorities should also be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality of contract performance and , as a result , the economic value of the tender .


### it has been established for repeated or continuous application ; ### it has been tested and verified with suppliers and established for repeated or continuous application ;


### 4 as regards engines for use in propulsion of locomotives , during the transition period between stage iii a and stage iii b an oem may seek permission for his engine suppliers to place on the market a maximum of 12 engines for use in propulsion of locomotives under the flexibility scheme . ### 4 as regards engines for use in propulsion of locomotives , during the transition period between stage iii a and stage iii b an oem may seek permission for his engine suppliers to place on the market a maximum of 20 engines for use in propulsion of freight and shunting of locomotives under the flexibility scheme , of which the total number shall be designed to be capable of operating on the uk rail network .


### 4 as regards engines for use in propulsion of locomotives , during the transition period between stage iii a and stage iii b an oem may seek permission for his engine suppliers to place on the market a maximum of 12 engines for use in propulsion of locomotives under the flexibility scheme . ### 4 as regards engines for use in propulsion of locomotives , during the transition period between stage iii a and stage iii b an oem may seek permission for his engine suppliers to place on the market a maximum of 20 engines for use in propulsion of locomotives under the flexibility scheme . the oem may also seek permission for his engine suppliers to place on the market an additional amount of maximum 20 engines to be installed in locomotives which meet the structure gauge requirements of gert 8073 issue 2 as specified in national technical rules notified under article 17 . 3 of directive 200857 / ec and having , or being eligible to obtain , a safety certificate for operation on the uk national network . .


### subject to any delegated act adopted under paragraph 5 , the competent authorities may adopt guidelines and , where necessary , issue instructions concerning the circumstances in which public administrations and market operators are required to notify incidents . ### the competent authorities or the single points of contact may adopt guidelines concerning the circumstances in which market operators are required to notify incidents .


### the competent authority may inform the public , or require the public administrations and market operators to do so , where it determines that disclosure of the incident is in the public interest . once a year , the competent authority shall submit a summary report to the cooperation network on the notifications received and the action taken in accordance with this paragraph . ### the competent authority may inform the public , or require the public administrations and market operators to do so , where it determines that disclosure of the incident is in the public interest . once a year , the competent authority shall submit a summary report to the cooperation network on the notifications received and the action taken in accordance with this paragraph . in case of incidents notified to the cooperation network referred to in article 8 , other national competent authorities shall not make public any information received on risks or incidents without approval of the notifying competent authority .


### to ensure convergent implementation of article 14 , member states shall encourage the use of standards and / or specifications relevant to networks and information security . ### to ensure convergent implementation of article 14 , member states , without prescribing the use of any particular technology , shall encourage the use of interoperable standards and / or specifications relevant to networks and information security .


### subject to any delegated act adopted under paragraph 5 , the competent authorities may adopt guidelines and , where necessary , issue instructions concerning the circumstances in which public administrations and market operators are required to notify incidents . ### the competent authorities or single points of contact shall adopt guidelines concerning the circumstances in which market operators are required to notify incidents .


### each member state shall set up a computer emergency response team responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . a cert may be established within the competent authority . ### each member state shall set up at least one computer emergency response team for each of the sectors established in annex ii , responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . a cert may be established within the competent authority .


### member states shall ensure that public administrations and market operators notify to the competent authority incidents having a significant impact on the security of the core services they provide . ### member states shall ensure mechanisms are in place to enable market operators to notify the competent authority of incidents that have a significant impact on the security of the core services they provide .


### member states shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems . ### member states shall ensure that market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations . having regard to the state of the art , these measures shall guarantee a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems .


### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions . ### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through voluntary measures and the sharing of best practice with the aim of attaining a better balance of gender composition of boards of listed companies


### the proportion of women on company boards is progressing very slowly , with an average annual increase of just 0 . 6 percentage points during the past years . the rate of improvement has differed in individual member states and has led to highly divergent results . much more significant progress was noted in the member states where binding measures have been introduced . growing discrepancies between member states are likely to increase given the very different approaches pursued by individual member states to increase the representation of females on boards that are being pursued by individual member states . ### the proportion of women on company boards is progressing very slowly , with an average annual increase of just 0 . 6 percentage points during the past years . the rate of improvement has differed in individual member states and has led to highly divergent results . much more significant progress was noted in the member states where binding measures have been introduced . growing discrepancies between member states could increase given the very different approaches pursued by individual member states to increase the representation of females on boards that are being pursued by individual member states . therefore member states should be encouraged to share information and disseminate best practice aimed at promoting gender balance , including achievements of companies which have boards with established gender balance in their composition .


### member states shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this directive and shall take all necessary measures to ensure that they are applied . ### member states shall take action where companies do not seek to improve the gender balance on their company boards


### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex . ### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based .


### member states should provide for effective , proportionate and dissuasive sanctions for breaches of this directive , which could include , inter alia , administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non - executive directors made contrary to the national provisions adopted pursuant to article 4 . ### member states should take action where companies do not seek to improve the gender balance on their company boards .


### the proportion of women on company boards is progressing very slowly , with an average annual increase of just 0 . 6 percentage points during the past years . the rate of improvement has differed in individual member states and has led to highly divergent results . much more significant progress was noted in the member states where binding measures have been introduced . growing discrepancies between member states are likely to increase given the very different approaches pursued by individual member states to increase the representation of females on boards that are being pursued by individual member states . ### the proportion of women on company boards is progressing steadily , with an average annual increase of just 0 . 6 percentage points during the past years . the rate of improvement has differed in individual member states and has led to highly divergent results . growing discrepancies between member states are likely to increase given the very different approaches pursued by individual member states to increase the representation of females on boards that are being pursued by individual member states .


### member states may introduce or maintain provisions which are more favourable than those laid down in this directive to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory , provided those provisions do not create unjustified discrimination , nor hinder the proper functioning of the internal market . ### companies and businesses shall boost and encourage female board and management representation as a means to increase the effectiveness of decision making as a business and economic imperative , but workable and proportionate voluntary non - binding measures , when given the chance , have proven to be significant in achieving the progressive goal of more women in management positions ; to these ends member states may introduce or maintain provisions which are more favourable than those laid down in this directive .


### the union intends to reduce greenhouse gas emissions by 20 % below 1990 levels by 2020 , with a further reduction to 80 - 95 % by 2050 . in addition , renewables should cover 20 % of final energy consumption in 2020 coupled with a 20 % energy efficiency target . achieving these objectives will require an overhaul of the energy system combining low carbon profile , energy security and affordability , while at the same time reinforcing europe ' s economic competitiveness . europe is currently far from this overall goal . 80 % of the european energy system still relies on fossil fuels , and the sector produces 80 % of all the union ' s greenhouse gas emissions . every year 2 . 5 % of the union ' s gross domestic product is spent on energy imports and this is likely to increase . this trend would lead to total dependence on oil and gas imports by 2050 . faced with volatile energy prices on the world market , coupled with concerns over security of supply , european industries and consumers are spending an increasing share of their income on energy . ### the union intends to reduce greenhouse gas emissions by 20 % below 1990 levels by 2020 , with an eventual further reduction to 80 - 95 % by 2050 . in addition , renewables should cover 20 % of final energy consumption in 2020 coupled with a 20 % energy efficiency target . achieving these objectives will require an overhaul of the energy system combining low carbon profile , energy security and affordability , while at the same time reinforcing europe ' s economic competitiveness . europe is currently far from this overall goal . 80 % of the european energy system still relies on fossil fuels , and the sector produces 80 % of all the union ' s greenhouse gas emissions . every year 2 . 5 % of the union ' s gross domestic product is spent on energy imports and this is likely to increase . this trend would lead to total dependence on oil and gas imports by 2050 , unless new sources are developed in the eu in a sustainable way . faced with volatile energy prices on the world market , coupled with concerns over security of supply , european industries and consumers are spending an increasing share of their income on energy .


### the roadmap to a competitive low - carbon economy in 2050 shows that the targeted reductions in greenhouse gas emissions will have to be met largely within the territory of the union . this would entail reducing co2 emissions by over 90 % by 2050 in the power sector , by over 80 % in industry , by at least 60 % in transport and by about 90 % in the residential sector and services . ### the roadmap to a competitive low - carbon economy in 2050 , as drafted by the european commission , assumes that the targeted reductions in greenhouse gas emissions will have to be met largely within the territory of the union in light of the lack of worldwide agreement on the issue . this would entail reducing co2 emissions even by over 90 % by 2050 in the power sector , by over 80 % in industry , by 60 % in transport and by 90 % in the residential sector and services .


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting authorities require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process . as a result , contracting authorities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of competition , transparency , non - discrimination , cost - effectiveness and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting authorities require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process . as a result , contracting authorities should be allowed to adopt as award criteria either ' the most economically advantageous tender ' or ' the lowest cost ' , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets but should not introduce mandatory quotas for innovative public procurement as this would restrict competition and the choice of the contracting authorities . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market .


### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in particular public procurement is key to driving innovation , which is of great importance for future growth in europe . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth .


### financial contributions or grants from the general budget of the european union may not exceed 90% of the annual reimbursable expenditure of a european political party and 95% of the annual eligible costs indicated in the budget of a european political foundation . european political parties may use any unused part of the eu contribution awarded to cover reimbursable expenditure within the following two financial years after its award . amounts unused following those two financial years shall be recovered in accordance with the financial regulation . ### financial contributions or grants from the general budget of the european union may not exceed 85% of the annual reimbursable expenditure of a european political party and 85% of the annual eligible costs indicated in the budget of a european political foundation . european political parties may use any unused part of the eu contribution awarded to cover reimbursable expenditure within the following two financial years after its award . amounts unused following those two financial years shall be recovered in accordance with the financial regulation .


### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . the information shall be reviewed and where necessary updated at least once a year . ### member states shall organise the information referred to in annex v with a view to its active and systematic dissemination to the public . the information shall be reviewed and where necessary updated at least every three years .


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


### for subsequent establishments , one year from the date on which this directive applies to the establishment concerned . ### for subsequent establishments , three months from the date on which this directive applies to the establishment concerned .


### concessions for social and other specific services listed in annex x falling within the scope of this directive shall be subject to the obligation of paragraph 3 of art . 26 and of paragraph 1 of article 27 . ### concessions for social and other specific services listed in annex x of this directive shall be subject only to the obligation of paragraphs 1 and 3 of article 27 .


### it has also proven necessary to clarify what should be understood as a single procurement , with the effect that the aggregate value of all concessions concluded for the purpose of this procurement has to be taken into account with regard to the thresholds of this directive , and that the procurement should be advertised as a whole , possibly split into lots . the concept of single procurement encompasses all supplies , works and services needed to carry out a particular project . indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting authority , the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked . ### while calculating the estimated value of a concession , contracting authorities and entities should take account of the total value of the concessions which are part of one single concession project from the point of view of a potential concessionaire . an indication of the existence of a single project consist in the fact that the different elements fulfil a single economic and technical function , require similar types of investment by the concessionaire , and require a concession of a similar start date and duration .


### in the light of the results of the evaluation conducted by the commission on the reform of public procurement rules it is appropriate to exclude from the full application of this directive only those services which have a limited cross - border dimension , namely the so - called services to the person such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties . furthermore , member states should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question . member states should ensure that contracting authorities and contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . ### in the light of the results of the evaluation conducted by the commission on the reform of public procurement rules it is appropriate to exclude from the full application of this directive only those services which have a limited cross - border dimension , namely the so - called services to the person such as certain social , health and educational service , and other services of limited cross border dimension such as certain legal , hotel , and catering services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated . an obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties . furthermore , member states should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question . member states should ensure that contracting authorities and contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation .


### member states shall also ensure the same legal or natural person or persons are not allowed : ### member states shall also ensure that the same legal or natural person or persons are not allowed :


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


### in order to ensure equal access to the infrastructure , any conflicts of interest resulting from integrated structures encompassing infrastructure management and transport activities should be removed . removing incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure . it is a requirement for the successful opening of the market for domestic passenger transport services by rail . this should also remove the potential for cross - subsidisation , which exists in such integrated structures , and which also leads to market distortions . ### in order to ensure equal access to the infrastructure , any conflicts of interest resulting from integrated structures encompassing infrastructure management and transport activities should be removed . removing incentives to discriminate against competitors is the only way to guarantee equal access to the railway infrastructure . it is a requirement for the successful opening of the market for domestic passenger transport services by rail . this should also remove the potential for cross - subsidisation , which exists in such integrated structures and which also leads to market distortions , as well as staff remuneration and other benefits which might cause preferential treatment with regard to one of the competitors .


### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question . ### member states may limit the right of access provided for in article 10 to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of the public service contract or contracts in question . competent authorities and infrastructure managers shall give advance notice to all interested parties of capacity requests pursuant to regulation 1370 / 2007 that may conflict with the rights of access pursuant to article 10 of this directive . all passenger services that are not part of a public service contract shall be referred to as open access services . if a competent authority creates a new public service contract , or extends the scope of an existing one , in the sense of using more infrastructure capacity than was previously used , the undertakings that provide existing open access services which may be affected by that decision shall not be subject to any limitations in access rights . these undertakings shall receive advance notice of the decision and , if justified , financial compensation based on a decision of the regulatory body , based on a procedure analogous to the one defined in this article for determining a prejudice to economic equilibrium .


### the network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments and financial efficiency . ### network shall participate in the market monitoring activities referred to in article 15 and benchmark the efficiency of infrastructure managers on the basis of common indicators and quality criteria , such as the reliability , capacity , availability , punctuality and safety of their networks , asset quality and utilisation , maintenance , renewals , enhancements , investments , financial efficiency as well as transparency of the charging framework and charging rules .


### member states shall require railway undertakings operating passenger services to put in place and coordinate contingency plans to provide assistance to passengers , in the sense of article 18 of regulation no 1371 / 2007 , in the event of a major disruption to services . ### member states shall set up and coordinate with respect to major eu routes , national contingency plans to provide assistance to passengers in the event of a major disruption to services .


### the coordination committee shall have the power to request relevant information from the infrastructure manager on points to in order to be able to carry out these tasks . ### without prejudice to commercial confidentiality , the coordination committee shall have the power to request relevant information from any of its members on points to in order to be able to carry out these tasks .


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


### regulatory bodies should assess the potential economic impact of domestic passenger services provided under open access conditions on existing public service contracts following a request made by interested parties and on the basis of an objective economic analysis . ### on its own initiative or following a request made by interested parties , regulatory bodies should assess on the basis of an objective economic analysis the potential economic impact of domestic passenger services provided under open access conditions on existing public service contracts .


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works subject to copyright in the collections of organisations referred to in article 1 and first published or broadcast in the territory of a member state , which are :


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works protected by copyright , which are contained in the collections of organisations referred to in article 1 , originate or have been first published or broadcast in the territory of a member state and which are :


### the publishers association in the respective country and the authors and journalists associations ; ### the publishers and the publishers ' association in the respective country and the authors ' and journalists ' associations ;


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### this directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers , while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services .


### an obligation to keep or make available and / or retain copies in paper or electronic form of the employment contract , payslips , time - sheets and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory , such as the workplace or the building site , or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided ; ### an obligation to keep or make available within a reasonable period of time and / or retain , at the choice of the services provider , copies in paper or electronic form of the employment contract , payslips , time - sheets and proof of payment of wages or copies of equivalent documents , issued according to the national law of the member state of establishment , during the period of posting in an accessible and clearly identified place in its territory , such as the workplace or the building site , or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided ;


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs activities . such elements may include :


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive .


### mutual trust , a spirit of cooperation , continuous dialogue and mutual understanding are essential in this respect . ### taking into account that the ability of the host member state to establish factual elements regarding the foreign undertaking is limited , cooperation with the member state of establishment is crucial and needs to be further improved . mutual trust , a spirit of assistance , continuous dialogue and mutual understanding are essential in this respect .


### trade unions play an important role in the context of the posting of workers for the provision of services since social partners may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . ### social partners play an important role in the context of the posting of workers for the provision of services since they may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . this right should come together with their responsibility for communicating and informing about the aforementioned rates .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only such control measures or administrative formalities to undertakings posting workers for the provision of services . such control measures or administrative formalities should be proportionate and not entail unjustified , excessive administrative burdens . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained .


### refund of excessive costs , in relation to net remuneration or to the quality of the accommodation , withheld or deducted from wages for accommodation provided by the employer . ### refund of excessive costs , in relation to remuneration or to the quality of the accommodation , withheld or deducted from wages for accommodation provided by the employer .


### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation . ### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account where relevant for the different assistance measures referred to in this regulation .


### democracy and human rights are inextricably linked , as recalled in the council conclusions of 18 november 2009 , on democracy support in the eu ' s external relations . the fundamental freedoms of expression and association are the preconditions for political pluralism and democratic processes , whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights . ### democracy and human rights are inextricably linked , as recalled in the council conclusions of 18 november 2009 , on democracy support in the eu ' s external relations . the fundamental freedoms of expression , religion , conscience , assembly and association are the preconditions for political pluralism and democratic processes , whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights .


### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse ; ### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse , with the aim of improving and catching up with democratic standards of living and consolidating human dignity and democratisation ;


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### articles 78 to 84 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis taking into account the role of the agency with respect to this regulation . ### in article 74 , the second paragraph is replaced by the following : articles 77 , 78 to 84 , 86 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis , taking into account the role of the agency with respect to this regulation .


### costs for the destruction of the contaminated feeding stuffs and , where it cannot be disinfected , contaminated equipment ; ### costs for transport and destruction of the contaminated feeding stuffs and , where it cannot be disinfected , contaminated equipment ;


### commission text in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission with regard to the establishment and amendment of the lists of animal diseases and zoonoses which qualify for union funding , as well as the establishment of work programmes . when amending the list of animal diseases qualifying for emergency measures funding , the commission should take into account the animal diseases which must be notified in accordance with council directive 82 / 894 / eec of 21 december 1982 on the notification of animal diseases within the community . 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 the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission with regard to the establishment of work programmes . 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 the member states of the commission ' s exercise of implementing powers .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission with regard to the establishment and amendment of the lists of animal diseases and zoonoses which qualify for union funding , as well as the establishment of work programmes . when amending the list of animal diseases qualifying for emergency measures funding , the commission should take into account the animal diseases which must be notified in accordance with council directive 82 / 894 / eec of 21 december 1982 on the notification of animal diseases within the community15 . 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 the member states of the commission ' s exercise of implementing powers16 . __________________ 15 oj l 378 , 31 . 12 . 1982 , p . 58 . 16 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission with regard to the establishment of work programmes and decisions regarding the implementation of emergency measures . 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 the member states of the commission ' s exercise of implementing powers16 . __________________ 15 oj l 378 , 31 . 12 . 1982 , p . 58 . 16 oj l 55 , 28 . 2 . 2011 , p . 13 .


### commission text maximum rates and minimum amount of grants ### maximum rates of grants


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


### costs of compensation to owners for the value of their animals slaughtered or culled , within the limit of the market value of the animals immediately before they were slaughtered or culled ; ### costs of compensation to owners for the value of their animals slaughtered or culled , within the limit of the market value of the animals had they not been affected by the disease ;


### multiannual national programmes and associated funding shall be approved by 31 january of the first year of implementation by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january of the first year of implementation until the end of the implementation period . ### multiannual national programmes and associated funding shall be approved by 30 november of the year preceding the commencement of the programme and subsequently by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january of the first year of implementation until the end of the implementation period .


### the pursuit of that general objective requires appropriate financial resources . it is therefore necessary that the union contributes to the funding of measures undertaken in the different areas pertaining to that general objective . in addition , in order to efficiently target the use of the expenditure , specific objectives should be laid down and indicators should be set to assess the achievement of those objectives . ### the pursuit of that general objective requires appropriate financial resources . it is therefore necessary that the union contributes to the funding of measures undertaken in the different areas pertaining to that general objective . in addition , in order to efficiently target the use of the expenditure , specific objectives should be laid down and indicators should be set to assess the achievement of those objectives . it is important that the funds for this does not lead to an increase in the overall eu budget , but that they instead come from already existing posts on the union budget .


### costs of compensation to owners for the value of their animals slaughtered or culled in the framework of the national programme , within the limit of the market value of the animals immediately before they were slaughtered or culled ; ### costs of compensation to owners for the value of their animals slaughtered or culled in the framework of the national programme , within the limit of the market value of such animals had they not been affected by the disease ;


### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf . ### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services , and in support of actions in institutional capacity and in the efficiency of public administration .


### the power to adopt delegated acts referred to in articles 3 and 4 shall be conferred on the commission for an indeterminate period of time from [ publications office : please insert the exact date of the entry into force of the amending regulation ] . ### the power to adopt delegated acts referred to in articles 3 and 4 shall be conferred on the commission for a period of five years from [ publications office : please insert the exact date of the entry into force of the amending regulation ] . the commission shall draw up a report in respect of the delegation of power no 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 no later than three months before the end of each period .


### in the interests of facilitating business , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . furthermore , a customs representative who complies with the criteria for the granting of the status of authorised economic operator , should be entitled to provide his services in a member state other than the one where he is established . ### in the interests of facilitating the clearance of trade transactions , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . harmonised union rules should therefore be laid down for customs representatives operating in the single market . furthermore , a customs representative who complies with the criteria for the granting of the status of authorised economic operator , should be entitled to provide his services in a member state other than the one where he is established .


### in the interests of facilitating business , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . furthermore , a customs representative who complies with the criteria for the granting of the status of authorised economic operator , should be entitled to provide his services in a member state other than the one where he is established . ### in the interests of facilitating trade transactions , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . customs representatives should be entitled to provide services in member states other than the one where they are established if they satisfy harmonised eu - wide criteria and hence can use unified customs duty collection systems .


### in the interests of facilitating business , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . furthermore , a customs representative who complies with the criteria for the granting of the status of authorised economic operator , should be entitled to provide his services in a member state other than the one where he is established . ### in the interests of facilitating trade transactions , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . customs representatives should be entitled to provide their services in member states other than the one where they are established if they meet specific criteria harmonized at union level .


### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application . ### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will lead to the reemployment of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application .


### measures to stimulate in particular disadvantaged or older workers to remain in or return to the labour market . ### measures to stimulate in particular disadvantaged or older workers to return to the labour market .


### special time - limited measures , such as job - search allowances , employers ' recruitment incentives , mobility allowances , subsistence or training allowances , all of which limited to the duration of the documented active job search or life - long learning or training activities ; ### special time - limited measures , such as employers ' recruitment incentives , mobility allowances , subsistence or training allowances , all of which limited to the duration of the documented active job search or life - long learning or training activities ;


### job - search assistance , occupational guidance , advisory services , mentoring , outplacement assistance , entrepreneurship promotion , aid for self - employment and business start - up or for changing or adjusting activity , co - operation activities , tailor - made training and re - training , including information and communication technology skills and certification of acquired experience ; ### tailor - made training and re - training , including information and communication technology skills and certification of acquired experience job - search assistance , job creation measures , occupational guidance , advisory services , mentoring , entrepreneurship promotion , aid for self - employment and business start - up or for changing or adjusting activity , co - operation activities ,


### in order to facilitate targeted roadside checks by the competent control authorities , the recording equipment installed in vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be able to communicate while the vehicle is in motion to those authorities . ### in order to facilitate targeted roadside checks by the competent control authorities , the tachograph installed in vehicles registered for the first time 24 months after the entry into force of specifications referred to in this article shall be able to communicate while the vehicle is in motion to those authorities .


### for that purpose , vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be fitted with recording equipment connected to a global navigation satellite system . ### for that purpose , vehicles put into service for the first time 24 months after the entry into force of the specifications as referred to in this article and in article 3g shall be fitted with a tachograph connected to a global navigation satellite system .


### member states shall take appropriate measures to prevent conflicts of interests between fitters or workshops and road transport undertakings . in particular , if a transport undertaking is also operating as an approved fitter or workshop , it shall not be allowed to install and calibrate recording equipment in its own vehicles . ### member states and their competent authorities shall take appropriate measures to prevent conflicts of interests between fitters or workshops and road transport undertakings . in particular , in case of serious risk of conflict of interest , additional specific measures shall be taken to ensure that the fitter or the workshop complies with this regulation .


### for the purpose of paragraph 1 , vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be fitted with recording equipment equipped with a harmonised interface allowing the data recorded or produced to be used for intelligent transport systems applications . ### for the purpose of paragraph 1 , vehicles put into service for the first time 24 months after the entry into force of the technical specifications referred to in this article shall be fitted with a tachograph equipped with a harmonised interface allowing the data recorded or produced to be used for intelligent transport systems application .


### the commission shall be empowered to adopt delegated acts in accordance with article 39 concerning the supplementing of annex ib with the detailed technical specifications necessary to enable remote communication between the recording equipment and the competent control authorities as set out in this article . ### the commission shall be empowered to adopt delegated acts in accordance with article 39 concerning the development of the detailed specifications necessary to enable remote communication between the tachograph and the competent control authorities as set out in this article .


### the data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks . data concerning the identity of the driver , driver activities and speed shall not be communicated . ### the data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks and may include driver activities , sensor fault , errors in motion data , driving without a driving card , vehicle registration number , speed and weight of the vehicle . data concerning the identity of the driver shall not be communicated .


### for control purposes , periods of time for which no activity has been recorded shall be regarded as rest or break . drivers are not obliged to record daily and weekly rest periods when having been away from the vehicle . ### for control purposes , periods of time for which no activity has been recorded shall be regarded as rest or break . member states shall not impose on drivers the presentation of forms attesting their activities while being away from the vehicle .


### location data shall be recorded to allow the identification of the starting and ending place of the daily work period . for that purpose , vehicles put into service for the first time [ 48 months after the entry into force of this regulation ] shall be fitted with recording equipment connected to a global navigation satellite system . ### in order to facilitate the control of compliance with the relevant legislation , the position of the starting and ending place of the daily work period shall be recorded . for that purpose , vehicles put into service for the first time 36 months after the entry into force of the specifications as referred to in this article and in article 3g shall be fitted with a tachograph connected to an external or internal receiver of data from a satellite positioning service .


### the competent control authority , on the basis of the data exchanged , may decide to carry out a check on the vehicle and the recording equipment . ### the competent control authority , on the basis of the data exchanged , may decide to carry out a check on the vehicle and the recording equipment . this roadside filtering must also be complemented by random enforcement checks , regardless of the reading on the roadside unit , to combat possible manipulation of the signal by certain transport undertakings . this may be aided by the establishment of a european wide database , or national databases , which would track the compliance record of transport undertakings , on the basis of physical checks carried out by enforcement officers .


### communication shall be established with the recording equipment only when so requested by the equipment of the control authorities . it shall be secured to ensure data integrity and authentication of the recording and control equipment . ### the communication referred to in paragraph 1 shall be established with the tachograph only when so requested by the equipment of the control authorities . it shall be secured to ensure data integrity and authentication of the tachograph and control equipment . the access to the data communicated shall be restricted to enforcers authorised to control infringements of this regulation and regulation no 561 / 2006 and to workshops insofar as it is necessary to verify the correct functioning of the tachograph .


### certain types of natural disaster , such as droughts , are developing over a longer period of time before their disastrous effects are felt . provision should be made to allow the use of the fund also in such cases . ### for certain types of natural disaster , such as droughts , that are developing over a longer period of time before their disastrous effects are felt , or floods or severe frost that are in the nature of sustained disasters , provisions should be made to allow the use of the fund also in such cases .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings set by member state as a percentage of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among distributors and final customers . this annual energy savings shall lead to achievement of the target set in article 3 .


### notwithstanding the establishment of more uniform rules with respect to the cross - border enforcement of penalties and fines and the need for more common criteria for follow - up procedures in the event of the non - payment of these they should not affect the member states ' competences to determine their system of penalties , sanctions and fines or the recovery measures available under their internal legislation . ### notwithstanding the establishment of more uniform rules with respect to the cross - border enforcement of penalties and fines with regard to posting of workers situations , as defined in directive 96 / 71 / ec and this directive and the need for more common criteria for follow - up procedures in the event of the non - payment of these they should not affect the member states ' competences to determine their system of penalties , sanctions and fines or the recovery measures available under their internal legislation .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### since difficulties in access to information on terms and conditions of employment are very often a reason why rules are not applied by the service providers , member states should be obliged to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned . this obligation should be further concretised , especially when it comes to generally binding collective agreements .


### trade unions play an important role in the context of the posting of workers for the provision of services since social partners may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . ### social partners play an important role in the context of the posting of workers for the provision of services since they may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . this right should be linked to their responsibility to communicate and inform about the aforementioned rates . in order to provide undertakings with an incentive to comply with all binding rules , social partners should consider introducing certificates that could be used to create ' white lists ' of compliant undertakings as visible recognition of their reliability .


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### if necessary , to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . the representative or the contact person can be any person chosen by the employer or employers association in the member state of establishment of which the employer is a member .


### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the host member state to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the relevant competent authority of host member state any relevant information as specified in articles 3 and and 9 , where the member state of establishment has reasoned suspicions of possible irregularities . the period for the retention of information should be in accordance with the imi system . the information received shall be treated as confidential and shall not be forwarded or published .


### trade unions play an important role in the context of the posting of workers for the provision of services since social partners may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . ### social partners play an important role in the context of the posting of workers for the provision of services since they may , in accordance with national law and / or practice , determine the different levels of the applicable minimum rates of pay . this right should be linked to their obligation to pay minimum wage and to provide information about it .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall make an overall assessment of factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities . during the assessment the account shall be taken in particular of the following factual elements , which shall where applicable be demonstrated to the competent authorities by the undertaking posting the workers :


### this directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services , while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers . ### this directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers , while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross - border provision of services


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### member states shall ensure that effective and appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory .


### in order to assess whether a posted worker temporarily carries out his or her work in a member state other than the one in which he or she normally works , all factual elements characterising such work and the situation of the worker shall be examined . such elements may include : ### in order to better implement articles 3 and 5 of directive 96 / 71 / ec and to assess whether a posted worker temporarily carries out his or her work in a host member state , all factual elements characterising such work and the situation of the worker shall be examined . account shall be taken in particular of the following elements ,


### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation . ### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should exclusively use the internal market information system in all instances in which it is possible to do so . however , this should not affect the application of bilateral agreements or arrangements concerning administrative cooperation in areas in which the imi system is not applicable .


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of directive 96 / 71 / ec and this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , where applicable with their approval in any judicial or administrative proceedings provided for with the objective of implementing directive 96 / 71 / ec and this directive and / or enforcing the obligations under directive 96 / 71 / ec and this directive .


### the place where the undertaking performs its substantial business activity and where it employs administrative staff , ### the place where the undertaking performs its business activity , which in a wider time - frame assessment is not limited to purely internal management and / or administrative activities ,


### the abnormally limited number of contracts performed and / or size of turnover realised in the member state of establishment . ### the abnormally limited number of contracts performed and / or size of turnover realised in the member state of establishment , taking into account the specific situation of newly established undertakings .


### all the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation . the criteria shall be adapted to each specific case and take account of the specificities of the situation . ### the member states shall take appropriate action to prevent , avoid and combat circumvention and / or abuse of this directive by undertakings seeking deliberately to deny posted workers their rights or to deprive them of those rights . the list of elements enumerated in paragraph 1 and 2 are indicative and non - exhaustive and shall never be considered in isolation . the assessment of these elements shall be adapted to each specific case and take account of the specificities of the situation .


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means public authorities of a member state designated by this member state to perform functions under this directive ;


### mutual trust , a spirit of cooperation , continuous dialogue and mutual understanding are essential in this respect . ### taking into account that the ability of the host member state to establish factual elements regarding the undertaking established in another members state is limited , cooperation with the member state of establishment is crucial and should be further improved . mutual trust , a spirit of assistance , continuous dialogue and mutual understanding are essential in this respect .


### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request . a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within 24 hours . ### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within 3 weeks if the answer requires an inspection on the spot . a specific urgency mechanism shall be used for special situations where a member state becomes aware of particular circumstances requiring urgent action . in such circumstances , the information shall be submitted within 24 hours . without prejudice to subparagraphs 1 and 2 , the competent authorities and / or inspectorates of the host member state shall not be precluded from taking immediate measures preventing , investigating and sanctioning fraud .


### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems . ### as is the case with directive 96 / 71 / ec , this directive should not prejudice the application of the law which , under article 8 of the rome i regulation , applies to individual employment contracts , or the application of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems and regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems . the provisions of this directive should be without prejudice to member states national law providing for and enforcing more favourable conditions for posted workers .


### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts . ### to facilitate the enforcement of directive 96 / 71 / ec and ensure more effective application of it , effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or , if they give their express agreement , through relevant designated third parties , such as trade unions or other associations as well as common institutions of social partners . this should be without prejudice to national rules of procedure concerning representation and defence before the courts .


### for the enforcement of the obligations under article 6 of directive 96 / 71 / ec and this directive , member states shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly , as well as the right to institute judicial or administrative proceedings , also in the member state in whose territory the workers are or were posted , where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules , even after the relationship in which the failure is alleged to have occurred has ended . ### for the enforcement of the obligations under article 6 of directive 96 / 71 / ec and this directive , member states shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly , as well as the right to institute judicial or administrative proceedings , irrespective of it is the member state of establishment of the undertaking or the host member state , where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules , even after the relationship in which the failure is alleged to have occurred has ended .


### mutual trust , a spirit of cooperation , continuous dialogue and mutual understanding are essential in this respect . ### since the ability of the host member state to establish the factual elements concerning the foreign undertaking is limited , cooperation with the member state of establishment is crucial and needs to be further improved . mutual trust , a spirit of assistance , continuous dialogue and mutual understanding are essential in this respect .


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### where appropriate and in accordance with the principles established in directive 96 / 71 / ec , member states are free to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards the enforcement of directive 96 / 71 / ec and this directive , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . not later than . . .  the european commission will evaluate the interaction between the imi and the bilateral agreements . __________ oj : please insert the date : 5 years after the entry into force of this directive .