### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in article 3 , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , the methodology for the calculation of indirect land - use change emissions , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids . ### in order to permit adaptation to technical and scientific progress of directive 2009 / 28 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the list of advanced biofuels , the energy content of transport fuels , criteria and geographic ranges for determining highly biodiverse grassland , and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids .


### in order to permit adaptation to technical and scientific progress of directive 98 / 70 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the mechanism to monitor and reduce greenhouse gas emissions , the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels , criteria and geographic ranges for determining highly diverse grassland , the methodology for the calculation and reporting of lifecycle greenhouse gas emissions , the methodology for the calculation of indirect land - use change emissions , the permitted level related to the metallic additives content in fuels , the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol . ### in order to permit adaptation to technical and scientific progress of directive 98 / 70 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the mechanism to monitor and reduce greenhouse gas emissions , the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels , criteria and geographic ranges for determining highly diverse grassland , the methodology for the calculation and reporting of lifecycle greenhouse gas emissions , the permitted level related to the metallic additives content in fuels , the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol .


### annex ix part a . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be four times their energy content algae . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under article 11 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . biomass fraction of industrial waste . straw . animal manure and sewage sludge . palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells . husks . cobs bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be twice their energy content used cooking oil . animal fats classified as category i and ii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption . non - food cellulosic material . ligno - cellulosic material except saw logs and veneer logs . ### annex ix list of advanced biofuels the biofuel coming from the following feedstocks will be considered advanced biofuels algae . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under article 11 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . biomass fraction of industrial waste . straw . animal manure and sewage sludge . palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells . husks . cobs bark , branches , leaves , saw dust and cutter shavings . used cooking oil . animal fats classified as category i and ii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption . non - food cellulosic material . ligno - cellulosic material except saw logs and veneer logs .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . establishing progressively more ambitious mandatory targets for advanced biofuels will send a clear signal of support for them at union level . in this context , advanced biofuels with estimated low indirect land use change impacts and high overall greenhouse gas savings should be especially supported as part of the post 2020 renewable energy policy framework .


### the following annex viii is added : ' annex viii feedstock group cereals and other starch rich crops sugars oil crops __________________ oj l 273 , 10 . 10 . 2002 , p . 1 ### deleted estimated indirect land - use change emissions 12 13 55


### the relevant committee of the european parliament may invite representatives of the member state concerned to participate to an exchange of views ; ### the competent committee of the european parliament may offer the opportunity to the member state concerned to participate to an exchange of views ;


### the commission may decide to make a member state experiencing severe difficulties with regard to its financial stability subject to enhanced surveillance . the member state concerned shall be given the possibility to express its views beforehand . the commission shall decide every six months whether to prolong the enhanced surveillance . ### the commission may decide to make a member state experiencing serious difficulties with regard to its financial stability with potential negative spill - over effects on other member states subject to enhanced surveillance . the member state concerned shall be given the possibility to express its views beforehand . the commission shall decide every six months whether to prolong the enhanced surveillance .


### the relevant committee of the european parliament may invite representatives of the member state concerned to participate to an exchange of views on the progress made in the implementation of the adjustment programme . ### the competent committee of the european parliament may offer the opportunity to the member state concerned to participate to an exchange of views on the progress made in the implementation of the adjustment programme .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service optimised for specific content , applications or services , or a combination thereof , by deploying traffic management to ensure the appropriate level of network capacity and quality .


### reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this article .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### member states should retain the right to adopt measures to organise and manage their radio spectrum .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by discriminating against , restricting , or otherwise interfering with the transmission of internet traffic except in cases where it is necessary to apply reasonable traffic management measures or to implement a court order .


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### in a seamless single market for electronic communications , the provision of electronic communications , networks and services to consumers , competition and choice must be prioritised .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : implement a legislative provision or a court order , or prevent or impede serious crimes ; preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals ; prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph . ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by : - deleting , blocking , slowing down , degrading or discriminating against specific content , applications , services or terminal devices , or specific classes thereof , - prioritising specific content , applications , services or terminal devices , or specific classes thereof , or - concluding special pricing agreements with the end - user which make accessing particular content , applications , services or terminal devices or specific classes thereof seem less economically attractive , except in cases where it is necessary to apply justified and reasonable traffic management measures . such measures shall be transparent , non - discriminatory , proportionate and necessary to : - preserve the integrity and security of the network , services provided via this network , and the end - users ' terminals , or - minimise the effects of temporary and exceptional network congestion , provided that all content , applications and services are treated in accordance with the best effort principle . no packet inspection going beyond checking of the headers of the data packets shall take place .


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


### the deployment and exploitation phases of the galileo programme and the exploitation phase of the egnos programme should , in principle , be entirely financed by the union . however in accordance with regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities , the member states should be able to provide additional funding to the programmes or a contribution in kind , on the basis of appropriate agreements , in order to fund additional programme elements requested by them , e . g . concerning the system architecture or particular security needs . third countries and international organisations should also be able to contribute to the programmes . ### the deployment and exploitation phases of the galileo programme and the exploitation phase of the egnos programme should , in principle , be entirely financed by the union . however in accordance with regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities , the member states should be able to provide additional funding to the programmes or a contribution in kind , on the basis of appropriate agreements , in order to fund additional programme elements related to their particular objectives . third countries and international organisations should also be able to contribute to the programmes .


### the agency shall take the decisions referred to in paragraph 2 within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . these authorisations shall be valid in all member states . ### the agency or , in the case of paragraphs 1a , 1b , and 1c , the national safety authority shall take the decisions granting vehicle authorisations for placing on the market within a pre - determined , reasonable time , and , in any case , within four months from receipt of all relevant information . authorisations issued by the agency shall be valid in all member states . in case of paragraphs 1a , 1b and 1c authorisations issued by a national safety authority shall be valid in the respective member state .


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


### ‘ renewal’ means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ; ### ‘ renewal’ means any major substitution work on a subsystem or part of it which does not change the overall performance of the subsystem means any substitution work on a subsystem or part of it which does not change the overall performance of the subsystem ;


### the agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing on the market . an application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . ### the agency or in case of paragraphs 1a , 1b and 1c , the national safety authorities shall provide detailed guidance on how to obtain the vehicle authorisation for placing on the market . an application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information .


### the agency shall issue decisions granting vehicle authorisations for placing on the market . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle ' s compliance with the relevant tsis and sets of national rules , related to these parameters . ### the vehicle authorisations for placing on the market shall state the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle ' s compliance with the relevant tsis and sets of national rules , related to these parameters .


### member states may continue to apply the provisions set out in chapter v of directive 2008 / 57 / ec until [ two years after the date of entry into force ] . ### member states may continue to apply the provisions set out in chapter v of directive 2008 / 57 / ec until [ five years after the date of entry into force ] .


### each national safety authority shall authorise the placing in service of the energy and infrastructure subsystems which are located or operated in the territory of its member state . ### each national safety authority shall act as a one - stop - shop for all fixed installations : energy , infrastructure and trackside control command and signalling subsystems which are located or operated in the territory of its member state . for trackside ertms , the nsa shall consult era being the decision making authority . for all other fixed installations the nsa shall be the decision making authority . .


### 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 . contracting entities 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 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 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 entities 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 drive 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 promoting sustainable economic growth . an innovative procurement model is detailed in the commission ' s communication on pre - commercial procurement1 . this model promotes the take up in the procurement of research and development services which do not fall within the scope of this directive . this model , which has been written into this directive , is recognised and will be available for all contracting authorities to consider . this directive should however contribute to facilitating the public procurement of innovation more generally , and help member states in achieving the innovation union targets . where a need for the development of an innovative product , service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market , contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this directive . this new procedure should allow contracting authorities to establish an innovation partnership for the development and subsequent purchase of new , innovative products , services or works , provided that these can be delivered to agreed performance levels and costs . the procedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender , which is the most suited to comparing tenders for innovative solutions . whether the innovation partnership concerns a very large project or a smaller project , it should be structured in such as a way that it can provide the necessary ' market pull ' , incentivising the development of innovative solutions without foreclosing the market . contracting authorities should therefore not misuse innovation partnerships to prevent , restrict or distort competition . __________________ 1 com 799 final : communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on pre - commercial procurement : driving innovation to ensure sustainable high quality public services in europe .


### in order to encourage the involvement of small and medium - sized enterprises in the procurement market , it should be provided explicitly that contracts may be divided into lots , whether homogenous or heterogeneous . where contracts are divided into lots , contracting entities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### public procurement should be adapted to the needs of smes . contracting authorities should make use of the code of best practice providing guidance on how they may apply the public procurement framework in a way that facilitates sme participation . in order to encourage the involvement of small and medium - sized enterprises in the procurement market , contracting authorities should in particular give consideration to dividing contracts into lots , whether homogenous or heterogeneous , and ensure transparency in access to information on their reasons for doing so or choosing not to do so .


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


### the technical specifications drawn up by purchasers need to allow public procurement to be opened up to competition . to that end , it should be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety must be considered by the contracting entities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions , standards and specifications in the marketplace so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator , or that disadvantage economic operators on the basis of business or development model including with regard to standards or specifications implemented in a given solution or service . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered equally by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . contracting authorities must be able to provide a reason for any decision that equivalence does not exist in a given case .


### the evaluation has shown that member states do not consistently and systematically monitor the implementation and the functioning of public procurement rules . this has a negative impact on the correct implementation of provisions stemming from those directives , which is a major source of cost and uncertainty . several member states have appointed a national central body dealing with public procurement issues , but the functions that such bodies are empowered with vary considerably across member states . clearer , more consistent and authoritative monitoring and control mechanisms would increase knowledge of the functioning of procurement rules , legal certainty for businesses and contracting entities , and contribute to establish a level playing field . such mechanisms could serve as tools for detection and early resolution of problems , especially with regard to projects cofunded by the union , and for the identification of structural deficiencies . there is in particular a strong need to coordinate those mechanisms to ensure consistent application , controls and monitoring of public procurement policy , as well as systematic assessment of the outcomes of procurement policy across the union . ### the evaluation has shown that there is still considerable room for improvement in the application of the union public procurement rules . in view of a more efficient and consistent application of the rules , it is on the one hand essential to get a good overview on possible structural problems and general patterns in national procurement policies , in order to address possible problems in a more targeted way . this overview should be gained through appropriate monitoring , the results of which should be regularly published , in order to allow an informed debate on possible improvements of procurement rules and practice . on the other hand , better guidance and assistance to contracting authorities and economic operators could also greatly contribute to enhancing the efficiency of public procurement , through better knowledge , increased legal certainty and professionalisation of procurement practices ; such guidance should be made available to contracting authorities and economic operators wherever it appears necessary , to ensure correct application of the rules .


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


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


### furthermore , in technical specifications and in award criteria , contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life - cycle of a product or service , provided that they are linked to the subject - matter of the contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . ### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to the monetisation of the life cycle of the works , service or supply and accordingly to social and environmental sustainability , provided that these characteristics are linked to the subject - matter of the contract . the technical specifications and award criteria should be interpreted broadly . contracting authorities may also use the technical specifications and award criteria to minimise damaging social or environmental effects or maximise positive social or environmental effects . as part of the award criteria , contracting authorities should be able to consider the existence of an embedded life - cycle approach aiming at minimising cost and maximising resource efficiency and which should be applied in the framework of the provision of works , services or supplies in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries which are parties to the wto ' s government procurement agreement , or from other third countries with whom the union is party to a free trade agreement . contracting authorities should also be allowed to use as technical specifications and award criteria the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality and social sustainability of contract performance and , as a result , the identification of the tender which offers the best value for money . contracting authorities should include these considerations in the award criterion of the most economically advantageous tender .


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person such as certain social , health and educational services . those 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 contracts for those services , with a higher threshold of eur 1 000 000 . in the particular context of procurement in those sectors , services to the person with values below this threshold will typically not be of interest to providers from other member states unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of those services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting entities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or contracting entities remain free to provide those services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting entity , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### the results of the evaluation on the impact and effectiveness of eu public procurement legislation demonstrated that the exclusion of certain services from the full application of the directive should be reviewed . some categories of services continue by their very nature to have a limited cross - border dimension , for example what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 1 000 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination .


### the bodies established or appointed in accordance with article 93 shall forward to the commission an implementation and statistical report on each year , based on a standard form , not later than 31 october of the following year . ### member states shall forward to the commission a statistical report on each year , based on a standard form , not later than 31 october of the following year .


### the most economically advantageous tender referred to in point of paragraph 1 ) from the point of view of the contracting entity shall be identified on the basis of criteria linked to the subject - matter of the contract in question . ### the most economically advantageous tender referred to in paragraph 1 from the point of view of the contracting entity shall be identified on the basis of criteria linked to the subject - matter of the contract in question . those criteria may include , in addition to the price or costs , other criteria linked to the subject - matter of the contract in question . costs shall be assessed using a cost - effectiveness approach , such as a life - cycle costing approach , under the conditions set out in article 77 . price shall be the decisive award criterion in the case of highly standardised products and services . other criteria may include :


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### at least 80 % of the activities of that legal person , subject to the contract , are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


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


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


### monitoring , oversight and support structures or mechanisms exist already at national level and can of course be used to ensure monitoring , implementation and control of public procurement and to provide the required support to contracting entities and economic operators . ### traceability and transparency of decision - making in procurement procedures is essential for ensuring sound procedures , including effectively fighting corruption and fraud . contracting authorities should keep copies of concluded contracts for high - value contracts to be able to provide access to these documents to interested parties in accordance with applicable rules on access to documentation . furthermore , the essential elements and decisions of individual procurement procedures should be documented in a procurement report . to limit administrative burdens , the procurement report should refer to information already contained in the relevant contract award notices . the electronic systems for publication of these notices , managed by the commission , should also be improved in view of facilitating data entry while making it easier to extract reports and exchange data between systems .


### the commission shall establish the standard form for the drawing - up of the annual implementation and statistical report referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 100 . ### the commission shall establish the standard form for the annual statistical report referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 100 .


### the most economically advantageous tender referred to in point of paragraph 1 ) from the point of view of the contracting entity shall be identified on the basis of criteria linked to the subject - matter of the contract in question . ### the most economically advantageous tender from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question .


### being addressed to member states , this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account . there is , however , a need to clarify to what extent this directive should be applied to procurement governed by specific international rules . ### being addressed to member states , this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account . there is , however , a need to clarify to what extent this directive should be applied to procurement governed by specific international rules . the european institutions should , in particular , take into account the changes effected by this directive and adjust their own procurement rules accordingly to reflect these changes .


### it is established for or has the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### established for , or which has the specific purpose of , meeting needs in the general interest and does not have an industrial or commercial character ;


### contracts may be subdivided into homogenous or heterogeneous lots . article 13 applies . ### to facilitate greater access to public procurement by small and medium - sized enterprises , public contracts may be subdivided into homogenous or heterogeneous lots . article 13 applies . for contracts with a value equal to and over eur 1 000 000 , contracting authorities shall provide a justification for not sub - dividing the contract into lots in the contract notice or in the invitation to confirm interest .


### 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 . contracting entities 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 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 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 entities 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 drive 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 promoting sustainable economic growth . an innovative procurement model is detailed in the commission ' s communication on pre - commercial procurement1 . this model promotes the take up in the procurement of research and development services which do not fall within the scope of this directive . this model , which has been written into this directive , is recognised and will be available for all contracting authorities to consider . this directive should however contribute to facilitating the public procurement of innovation more generally , and help member states in achieving the innovation union targets . where a need for the development of an innovative product , service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market , contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this directive . this new procedure should allow contracting authorities to establish an innovation partnership for the development and subsequent purchase of new , innovative products , services or works , provided that these can be delivered to agreed performance levels and costs . the procedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender , which is the most suited to comparing tenders for innovative solutions . whether the innovation partnership concerns a very large project or a smaller project , it should be structured in such as a way that it can provide the necessary ' market pull ' , incentivising the development of innovative solutions without foreclosing the market . contracting authorities should therefore not misuse innovation partnerships to prevent , restrict or distort competition . __________________ 1 com 799 final : communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on pre - commercial procurement : driving innovation to ensure sustainable high quality public services in europe .


### in order to encourage the involvement of small and medium - sized enterprises in the procurement market , it should be provided explicitly that contracts may be divided into lots , whether homogenous or heterogeneous . where contracts are divided into lots , contracting entities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### public procurement should be adapted to the needs of smes . contracting authorities should make use of the code of best practice providing guidance on how they may apply the public procurement framework in a way that facilitates sme participation . in order to encourage the involvement of small and medium - sized enterprises in the procurement market , contracting authorities should in particular give consideration to dividing contracts into lots , whether homogenous or heterogeneous , and ensure transparency in access to information on their reasons for doing so or choosing not to do so .


### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality and non - discrimination . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened . ### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , the protection of national , ethnic , religious and linguistic minorities and non - discrimination . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened .


### engagement with non - government actors is important in ensuring the success of the programme and the achievement of its priority objectives . ### transparency based engagement with non - government actors is important in ensuring the success of the programme and the achievement of its priority objectives .


### environmental problems and impacts continue to pose significant risks for human health and wellbeing , whereas measures to improve the state of the environment can be beneficial . ### environmental problems and impacts increasingly pose significant risks for human health and wellbeing , whereas measures to improve the state of the environment can be beneficial and should be encouraged in all aspects of european union policy .


### adopting a systematic approach to risk management . ### adopting a systematic and integrated approach to risk management .


### the europe 2020 strategy ' s ‘ resource - efficient europe’ flagship initiative aims to support the shift towards an economy that is efficient in the way it uses all resources , decouples absolutely economic growth from resource and energy use and its environmental impacts , reduces ghg emissions , enhances competitiveness through efficiency and innovation and promotes greater energy security . the roadmap to resource efficient europe and the roadmap for moving to a competitive low - carbon economy are key building blocks of the initiative , setting out the framework for future actions to deliver on these objectives . ### the europe 2020 strategy ' s ‘ resource - efficient europe’ flagship initiative aims to support the shift towards an economy that is efficient in the way it uses all resources , decouples absolutely economic growth from resource and energy use and its environmental impacts , reduces ghg emissions , enhances competitiveness through efficiency and innovation and promotes greater energy security . the roadmap to resource efficient europe , the roadmap for moving to a competitive low - carbon economy and the exchange of best practice between member states are key building blocks of the initiative , setting out the framework for future actions to deliver on these objectives .


### simplifying , streamlining and modernising environmental and climate change data and information collection , management and sharing . ### simplifying , streamlining and modernising environmental and climate change data and information collection , management and sharing – including the development and implementation of a european shared environmental information system .


### considerable headway has also been made in integrating environmental objectives into other union policies and activities . the reformed common agricultural policy has , since 2003 , linked direct payments to requirements for farmers to maintain land in good agricultural and environmental condition and to comply with relevant environmental legislation . fighting climate change has become an integral part of energy policy and progress is being made on integrating resource efficiency , climate change and energy efficiency concerns into other key sectors , such as transport and buildings . ### considerable headway has also been made in integrating environmental objectives into other union policies and activities . the reformed common agricultural policy has , since 2003 , linked direct payments to requirements for farmers to maintain land in good agricultural and environmental condition and to comply with relevant environmental legislation . however when it comes to greening of the cap there is unfortunately still much room for improvement . fighting climate change has become an integral part of energy policy and progress is being made on integrating resource efficiency , climate change and energy efficiency concerns into other key sectors , such as transport and buildings .


### to turn the union into a resource - efficient , green and competitive low - carbon economy ; ### to turn the union into a resource - efficient , green , innovative and competitive low - carbon economy ;


### key activities shall be to encourage experienced researchers to broaden or deepen their skills by means of mobility by opening attractive career opportunities in universities , research institutions , businesses , smes and other socio - economic groups all over europe and beyond . opportunities to restart a research career after a break shall also be supported . ### key activities shall be to encourage experienced researchers to broaden or deepen their skills by means of mobility by opening attractive career opportunities in universities , research institutions , businesses , smes and other socio - economic groups all over europe and beyond . key regard should be taken of the role of women in science , and potential barriers to their entry into the field . opportunities to restart a research career after a break and flexible working arrangements shall also be supported .


### horizon 2020 - the framework programme for research and innovation in the european union , focuses on three priorities , namely generating excellent science in order to strengthen the union ' s world - class excellence in science , fostering industrial leadership to support business , including small and medium - sized enterprises and innovation and tackling societal challenges , in order to respond directly to the challenges identified in the europe 2020 strategy by supporting activities covering the entire spectrum from research to market . horizon 2020 should support all stages in the innovation chain , especially activities closer to the market including innovative financial instruments , as well as non - technological and social innovation , and aims to satisfy the research needs of a broad spectrum of union policies by placing emphasis on the widest possible use and dissemination of knowledge generated by the supported activities up to its commercial exploitation . the priorities of horizon 2020 should also be supported through a programme under the euratom treaty on nuclear research and training . ### horizon 2020 - the framework programme for research and innovation in the european union , focuses on three priorities , namely generating excellent science in order to strengthen the union ' s world - class excellence in science , fostering industrial leadership to support business , including small and medium - sized enterprises and innovation and tackling societal challenges , in order to respond directly to the challenges identified in the europe 2020 strategy by supporting activities covering the entire spectrum from research to market . horizon 2020 should support all stages in the innovation chain , especially activities closer to the market including innovative financial instruments , as well as non - technological and social innovation , and activities that can promote social inclusion across communities , and aims to satisfy the research needs of a broad spectrum of union policies by placing emphasis on the widest possible use and dissemination of knowledge generated by the supported activities up to its commercial exploitation . the priorities of horizon 2020 should also be supported through a programme under the euratom treaty on nuclear research and training .


### the specific objective ‘ inclusive , innovative and secure societies’ also includes an activity to close the research and innovation divide with specific measures to unlock excellence in less developed regions of the union . ### the specific objective ‘ inclusive , innovative and secure societies’ also includes an activity to close the research and innovation divide with specific measures to unlock excellence in less developed regions of the union . it also includes activities , strategies , methodologies and tools needed to enable a dynamic and sustainable cultural heritage for europe .


### smes can be found in all sectors of the economy . they form a more important part of the european economy than of other regions such as the united states of america . all types of smes can innovate . they need to be encouraged and supported to invest in research and innovation . in doing so they should be able to draw on the full innovative potential of the internal market and the era so as to create new business opportunities in europe and beyond and to contribute to find solutions to key societal challenges . ### smes can be found in all sectors of the economy . they form a more important part of the european economy than of other regions such as the united states of america . all types of smes can innovate . they need to be encouraged and supported to invest in research and innovation and to increase links and partnerships with universities and other research institutions . in doing so they should be able to draw on the full innovative potential of the internal market and the era so as to create new business opportunities in europe and beyond and to contribute to find solutions to key societal challenges .


### chronic conditions such as cardiovascular disease , cancer , diabetes , neurological and mental health disorders , overweight and obesity and various functional limitations are major causes of disability , ill - health and premature death , and present considerable social and economic costs . ### chronic conditions such as cardiovascular disease , cancer , diabetes , neurological and mental health disorders , overweight and obesity and various functional limitations are major causes of disability , ill - health and premature death , and present considerable social and economic costs . physical education and participation in organised sport can play a major role in the prevention of such conditions .


### the in - built complexity of these challenges and the evolutions of demands thus make it essential to develop innovative research and new smart technologies , processes and methods , social innovation mechanisms , coordinated actions and policies that will anticipate or influence major evolutions for europe . it calls for understanding the underlying trends and impacts at play in these challenges and rediscovering or reinventing successful forms of solidarity , coordination and creativity that make europe a distinctive model of inclusive , innovative and secure societies compared to other world regions . it requires a more strategic approach to cooperation with third countries . finally , as security policies should interact with different social policies , enhancing the societal dimension of security research will be an important aspect of this challenge . ### the in - built complexity of these challenges and the evolutions of demands thus make it essential to develop innovative research and new smart technologies , processes and methods , social innovation mechanisms , coordinated actions and policies that will anticipate or influence major evolutions for europe . it calls for understanding the underlying trends and impacts at play in these challenges and rediscovering or reinventing successful forms of solidarity , coordination and creativity that make europe a distinctive model of inclusive , innovative and secure societies compared to other world regions . this requires a specific focus on the cultural heritage of europe , and an approach which identifies activities which rejuvenate and bring people together across communities . it also requires a more strategic approach to cooperation with third countries . finally , as security policies should interact with different social policies , enhancing the societal dimension of security research will be an important aspect of this challenge .


### when establishing maritime spatial plans and integrated coastal management strategies , member states shall give due regard to the particularities of the regions and the sub - regions , the respective sector activities , the marine waters and coastal zones concerned and potential climate change impacts . ### when establishing maritime spatial planning and any integrated coastal management processes applied or developed in accordance with article 2 . 1 , member states shall give due regard to the particularities of the regions and the sub - regions , the respective sector activities , and their impacts on the environment such as protecting , maintaining and enhancing invaluable coastal and shallow water natural resources such as seagrass meadows , kelp forests , maerl beds and salt marshes . these are major carbon capture and storage ecosystems and should avoid conflicting with offshore renewable energy installations .


### maritime spatial plans and integrated coastal management strategies shall apply an ecosystem - based approach to facilitate the co - existence and prevent conflicts between competing sector activities in marine waters and coastal zones , and shall aim to contribute to : ### maritime spatial plans and integrated coastal management strategies shall apply an ecosystem - based approach to facilitate the co - existence and prevent conflicts between competing sector activities in marine waters and coastal zones . they may , for example , aim to contribute to :


### the main purpose of maritime spatial planning is to identify and manage spatial uses and conflicts in maritime areas . in order to achieve that purpose , member states need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses of maritime space , taking into consideration long term changes due to climate change . ### the main purpose of maritime spatial planning is to identify and manage spatial uses and conflicts in maritime areas .


### maritime spatial plans and integrated coastal management strategies shall apply an ecosystem - based approach to facilitate the co - existence and prevent conflicts between competing sector activities in marine waters and coastal zones , and shall aim to contribute to : ### when establishing and implementing maritime spatial planning , and where applying any integrated coastal management processes through maritime spatial planning , member states shall take into account the ecosystem - based approach to facilitate sustainable development and , wherever possible , the co - existence , in a compatible manner , of sector activities in marine waters and in the case of any integrated coastal management processes , coastal zones . member states shall aim to contribute to , inter alia , the following areas :


### this directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources . ### this directive establishes a framework for maritime spatial planning aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources .


### it is necessary to ensure that the european parliament and the council are kept regularly informed about the implementation of the programmes . in addition , the european parliament , the council and the commission will meet in the galileo interinstitutional panel in accordance with the joint declaration on the galileo interinstitutional panel of 9 july 2008 . ### it is necessary to ensure that the european parliament and the council are kept regularly informed about the implementation of the programmes , including their costs and risks , the conclusion of international agreements with third countries , the preparation of satellite navigation markets and the effectiveness of governance arrangements . in addition , the european parliament , the council and the commission will meet in the galileo interinstitutional panel in accordance with the joint declaration on the galileo interinstitutional panel of 9 july 2008 . the panel should continue to facilitate a close cooperation between the three institutions with a view to monitoring the implementation of the programmes . the commission should continue to contribute to the preparation of the meetings of the panel and , as appropriate , to provide detailed information at the request of the institutions .


### the power to adopt delegated acts referred to in articles 5 and 14 shall be conferred on the commission for an indeterminate period from 1 january 2014 . ### the power to adopt delegated acts referred to in articles 5 and 14 shall be conferred on the commission for a period of five years from 1 january 2014 . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the definition of what constitutes a long - term investment is broad . without necessarily requiring long - term holding periods for the eltif manager , eligible investment assets are generally illiquid , require commitments for a certain period of time , and have an economic profile of a long - term nature . eligible investment assets are non - transferable securities and therefore do not have access to the liquidity of secondary markets . they often require fixed term commitments which restrict their marketability . the economic cycle of the investment sought by eltifs is essentially of a long - term nature due to the high capital commitments and the length of time required to produce returns . as a result such assets do not suit investments with redemption rights . ### the definition of what constitutes a long - term investment is broad . without necessarily requiring long - term holding periods for the eltif manager , eligible investment assets are generally illiquid , require commitments for a certain period of time , and have an economic profile of a long - term nature . eligible investment assets are non - transferable securities and therefore do not have access to the liquidity of secondary markets . they often require fixed term commitments which restrict their marketability . the economic cycle of the investment sought by eltifs is essentially of a long - term nature due to the high capital commitments and the length of time required to produce returns .


### for the purpose of paragraph 2 , the copernicus user communities are defined as those comprising the european national , regional or local bodies entrusted with the definition , implementation , enforcement or monitoring of a public service or policy in areas referred to in point of article 4 . ### for the purpose of paragraph 2 , the copernicus user communities are defined as those comprising the european national , regional or local bodies entrusted with the definition , implementation , enforcement or monitoring of a public service or policy in areas referred to in point of article 4 , research users , universities or any other research organisations and commercial and private users ;


### in order to attain its objectives , the copernicus programme should rely on an autonomous union’s capacity for space - borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in - situ data provided , namely , by the member states . the provision of operational services depends on the well - functioning and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by contributing to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme11 . __________________ 11 oj l , , p . . ### in order to attain its objectives , the copernicus programme should rely on an autonomous union’s capacity for space borne observations and provide operational services in the field of environment , civil protection and security . it should also make use of the available in situ data provided , namely , by the member states . in addition , the availability of the european data relay satellite system for copernicus sentinels will accelerate the transmission of data and therefore further enhance capabilities in response to the growing user demand for near real - time data . the provision of operational services depends on the well - functioning and safety of the copernicus space component . the increasing risk of collision with other satellites and space debris is the most serious threat to the copernicus space component . therefore , the copernicus programme should support actions aimed at reducing such risks , in particular by contributing to the programme established by decision [ xxx ] of the european parliament and the council establishing a space surveillance and tracking support programme11 . __________________ 11 oj l , , p . .


### by 30 june 2018 at the latest , an evaluation report shall be established by the commission on the achievement of the objectives of all the tasks financed by the copernicus programme at the level of their results and impacts , their european added value and on the efficiency of the use of resources . in particular , the evaluation shall address the continued relevance of all objectives , as well as the contribution of the measures to the objectives described in articles 2 and 3 . ### by 1st january 2017 at the latest , an evaluation report shall be established by the commission on the achievement of the objectives of all the tasks financed by the copernicus programme at the level of their results and impacts , their european added value and on the efficiency of the use of resources . in particular , the evaluation shall address the continued relevance of all objectives , as well as the contribution of the measures to the objectives described in articles 2 and 3 . the evaluation shall include an analysis of the impact of article 14 on the european data and services market , and if appropriate be accompanied by proposals to amend this regulation .


### the agency has established itself as the authoritative provider of maritime traffic data at eu level which are of interest and relevance in other eu activities . through its activities , in particular regarding port state control , the monitoring of maritime traffic and shipping routes as well as assistance for tracking possible polluters , the agency should contribute to reinforce synergies at eu level regarding certain coastguard operations . in addition , the agency ' s data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production . ### the agency has established itself as the authoritative provider of maritime traffic data at eu level which are of interest and relevance in other eu activities . through its activities , in particular regarding port state control , the monitoring of maritime traffic and shipping routes as well as assistance for tracking possible polluters , the agency should contribute to reinforcing synergies at eu level regarding certain coastguard operations . furthermore , a study should be carried out to examine whether the agency , acting as a european coastguard service , should take over these tasks in future , in order to enable swifter , more effective action by the authorities . in addition , the agency ' s data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production and transport .


### 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 . ### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to the monetisation of the life cycle of the works , service or supply and accordingly to social and environmental sustainability , provided that these characteristics are linked to the subject - matter of the contract . the technical specifications and award criteria should be interpreted broadly . contracting authorities may also use the technical specifications and award criteria to minimise damaging social or environmental effects or maximise positive social or environmental effects . as part of the award criteria , contracting authorities should be able to consider the existence of an embedded life - cycle approach aiming at minimising cost and maximising resource efficiency and which should be applied in the framework of the provision of works , services or supplies in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries which are parties to the wto ' s government procurement agreement , or operators from other third countries with whom the union is party to a free trade agreement . contracting authorities should also be allowed to use as technical specifications and award criteria the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality and social sustainability of contract performance and , as a result , the identification of the tender which offers the best value for money . contracting authorities should include these considerations in the award criterion of the most economically advantageous tender .


### the card or device is used to pay goods and services ; ### the card or device is used to pay goods and services to a company within professional trade or business ;


### the intermediary payment service provider shall have effective procedures in place in order to detect whether the following information on the payer and the payee is missing : ### the intermediary payment service provider shall have effective procedures in place in order to detect whether the following information on the payer and the payee is missing or incomplete :


### however , by way of derogation from paragraph 3 , in the case of transfers of funds not made from an account , the payment service provider of the payer shall not verify the information referred to in paragraph 1 if the amount does not exceed eur 1 000 and it does not appear to be linked to other transfers of funds which , together with the transfer in question , exceed eur 1 000 . ### however , by way of derogation from paragraph 3 , in the case of transfers of funds not made from an account , the payment service provider of the payer is required to verify at least the name of the payer for transfers of funds of up to eur 1 000 , but shall verify the complete information relating to the payer and the payee referred to in paragraph 1 where the transaction is carried out in several operations that appear to be linked or where they exceed eur 1 000 .


### if the payment service provider of the payee becomes aware , when receiving transfers of funds , that information on the payer and the payee required under articles 4 and , 5 and 6 is missing or incomplete , it shall either reject the transfer or ask for complete information on the payer and the payee . ### if the payment service provider becomes aware , when receiving transfers of funds , that information on the payer and the payee required under articles 4 and , 5 and 6 is missing or incomplete or has not been completed using the characters or inputs admissible within the conventions of the messaging or payment and settlement system , it shall either reject the transfer or suspend it and ask for complete information on the payer and the payee before executing the payment transaction .


### the provisions of this regulation apply without prejudice to national legislation implementing directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data19 . for example , personal data collected for the purpose of complying with this regulation should not be further processed in a way inconsistent e with directive 95 / 46 / ec . in particular , further processing for commercial purposes should be strictly prohibited . the fight against money laundering and terrorist financing is recognised as an important public interest ground by all member states . hence , in the application of this regulation , the transfer of personal data to a third country which does not ensure an adequate level of protection in the meaning of article 25 of directive 95 / 46 / ec should be permitted according to article 26 of the same directive . __________________ 19 oj l 281 , 23 . 11 . 1995 , p . 31 . ### the provisions of this regulation apply without prejudice to national legislation implementing directive 95 / 46 / ec of the european parliament and of the council19 . for example , personal data collected for the purpose of complying with this regulation should not be further processed in a way inconsistent e with directive 95 / 46 / ec . in particular , further processing for commercial purposes should be strictly prohibited . the fight against money laundering and terrorist financing is recognised as an important public interest ground by all member states . hence , in the application of this regulation , the transfer of personal data to a third country which does not ensure an adequate level of protection in the meaning of article 25 of directive 95 / 46 / ec should be permitted according to article 26 of the same directive . it is important that payment service providers operating in multiple jurisdictions with branches or subsidiaries located outside the union are not unreasonably prevented from sharing information on suspicious transactions within the same organisation . this is without prejudice to international agreements concluded between the union and third countries on combating money laundering including appropriate safeguards for citizens ensuring an equivalent or adequate level of protection . __________________ 19 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .