### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### certain 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 .


### 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 life - cycle characteristics and the socially sustainable production process , provided that these characteristics or this process are linked to the subject - matter of the public contract . the technical specifications and award criteria should be interpreted broadly . accordingly , the technical specifications and award criteria may refer to the life cycle characteristics and the socially sustainable production process , including the social and environmental aspects of the production process or of the provision of products or services . 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 . in order to better integrate social considerations in public procurement , procurers may also be allowed to incorporate 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 . 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 . for service contracts and for contracts involving the design of works , 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 .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to 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 procurement 1 . 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 .


### 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 .


### 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 services22 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 .


### insofar as is strictly necessary where , for reasons of extreme urgency brought about by force majeure , the time limits for the open , restricted or competitive procedures with negotiation cannot be complied with ; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority ; ### insofar as is strictly necessary where , for reasons of extreme urgency brought about by events unforeseeable by the contracting authority , the time limits for the open , restricted or competitive procedures with negotiation cannot be complied with ; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority ;


### they are established for or have 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 have the specific purpose of , meeting needs in the general interest ; these needs should not have an industrial or commercial character ;


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation . ### ' life cycle ' means monetising , wherever possible , the full costs associated to the public procurement , including maintenance and resource efficiency costs , end - of - life recycling costs , and social impact costs where these relate to performance of the contract . efficient design , planning and use of electronic means can also be included in life cycle monetisation . for the purposes of public procurement , the life cycle runs from the point of purchase throughout the lifetime of the works , supplies or services and forms an integral and in - dissociable part of the calculation of what constitutes the most economically advantageous tender .


### 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 ' ;


### member states may provide that contracting authorities may apply innovation partnerships as regulated in this directive . ### member states shall provide that contracting authorities may apply innovation partnerships as regulated in this directive .


### the notices referred to in paragraphs 1 and 2 shall contain the information referred to in annexes vi part h and i , in accordance with the standard forms . ### the commission shall establish the standard forms referred to in paragraphs 1 and 2 . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 91 .


### the evaluation has shown that member states do not consistently and systematically monitor the implementation and functioning of public procurement rules . this has a negative impact on the correct implementation of provisions stemming from these 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 tasks entrusted to such bodies vary considerably across member states . clearer , more consistent and authoritative monitoring and control mechanisms would increase knowledge of the functioning of procurement rules , improve legal certainty for businesses and contracting authorities , and contribute to establishing a level playing field . such mechanisms could serve as tools for the 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 these mechanisms to ensure consistent application , control 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 shall put in place appropriate procedures for the award of contracts subject to this chapter , ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question . ### member states shall put in place national rules for the award of contracts subject to this chapter in order to ensure contracting authorities comply with the principles of transparency and equal treatment of economic operators . member states are free to determine the procedural rules applicable as long as such rules allow contracting authorities to take into account the specificities of the services in question .


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


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


### during the negotiations , contracting authorities shall ensure the equal treatment of all tenderers . to that end , they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others . they shall take particular care to ensure that all tenderers , whose tenders have not been eliminated pursuant to paragraph 5 , are informed in writing of any changes to the technical specifications other than those setting out the minimum requirements , in adequate time to allow such tenderers to modify and re - submit amended tenders following these changes , as appropriate . ### during the negotiations , contracting authorities shall ensure the equal treatment of all tenderers . to that end , they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others . they shall take particular care to ensure that all tenderers , whose tenders have not been eliminated pursuant to paragraph 5 , are informed in writing of any changes to the technical specifications or other procurement documents , other than those setting out the minimum requirements , providing sufficient time for such tenderers to modify and re - submit amended tenders following these changes .


### the most economically advantageous tender referred to in point of paragraph 1 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 . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the most economically advantageous tender referred to in point of paragraph 1 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 and , wherever possible , on the basis of the monetisation of the life cycle as defined in article 2 , point 22 . those criteria may include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as :


### in conformity with council directive 89 / 665 / eec , member states shall ensure correct application of this directive by effective , available and transparent mechanisms which complement the system in place for the review of decisions taken by contracting authorities . ### in order to effectively ensure correct and efficient implementation , member states shall make sure that at least the tasks set out in this article are performed by one or more authorities or structures . they shall indicate to the commission all authorities or structures competent for these tasks .


### contracting authorities shall not reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the negotiations without its agreement . such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific solutions or other confidential information . ### in accordance with article 18 , contracting authorities shall not reveal to the other participants confidential information communicated by a candidate participating in the negotiations without its agreement . such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific information .


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation . ### ‘ life cycle’ means monetising , wherever possible , the full costs associated with the public procurement , including maintenance and resource efficiency costs , end - of - life recycling costs , and social impact costs where these relate to performance of the contract . efficient design , planning and use of electronic means can also be included in life cycle monetisation . for the purposes of public procurement , the life cycle runs from the point of purchase throughout the lifetime of the works , supplies or services and forms an integral and in - dissociable part of the calculation of what constitutes the most economically advantageous tender .


### in order to foster the involvement of small and medium - sized enterprises in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### 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 foster the involvement of small and medium - sized enterprises in the public procurement market , contracting authorities should in particular give consideration to dividing contracts into lots and ensure transparency in access to information on their reasons for doing so or choosing not to . member states should introduce measures to promote the access of smes to public procurement , in particular through improved information and guidance on tendering and on the new opportunities offered by the modernised eu legal framework , and to foster the exchange of best practice and the organisation of training and events involving public procurers and smes .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to 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 procurement 1 . 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 .


### the negotiated procedure without prior publication may be foreseen for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract , provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with article 24 . the basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded . ### the negotiated procedure without prior publication may be used for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract , provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with article 24 . the basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded .


### the report , or its main elements , shall be communicated to the commission or to the national oversight body where they so request . ### the report , or its main elements , shall be communicated to the commission or the national authorities or structures referred to in article 83 where they so request .


### in innovation partnerships , any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product , service or works and the subsequent purchase of the resulting supplies , services or works provided that they correspond to the agreed performance levels and costs . ### in innovation partnerships , any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product , service or works and the subsequent purchase of the resulting supplies , services or works , provided that they correspond to the agreed performance levels and costs . the contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 66 .


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


### a complete and up - to - date list of all central government authorities , sub - central contracting authorities and bodies governed by public law , including sub - central authorities and associations of contracting authorities awarding public contracts or framework agreements , indicating for each authority the unique identification number where such number is provided for in national legislation ; this list shall be grouped by type of authority ; ### a list of all central government authorities , sub - central contracting authorities and bodies governed by public law , which have awarded public contracts or concluded framework agreements during the year concerned , indicating for each authority the unique identification number where such number is provided for in national legislation ; this list shall be grouped by type of authority ;


### 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 services22 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 .


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### certain 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 .


### 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 life - cycle characteristics and the socially sustainable production process , provided that these characteristics or this process are linked to the subject - matter of the public contract . the technical specifications and award criteria should be interpreted broadly . accordingly , the technical specifications and award criteria may refer to the life cycle characteristics and the socially sustainable production process , including the social and environmental aspects of the production process or of the provision of products or services . 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 . in order to better integrate social considerations in public procurement , procurers may also be allowed to incorporate 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 . 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 . for service contracts and for contracts involving the design of works , 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 .


### the contracting authorities shall document the progress of all procurement procedures , whether or not those 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 . ### the contracting authorities 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 .


### in the contract notice or in the invitation to confirm interest contracting authorities shall describe the procurement and the minimum requirements to be met and specify the award criteria so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the negotiations . in the technical specifications , contracting authorities shall specify which parts thereof define the minimum requirements . ### in the procurement documents , contracting authorities shall indicate which elements define the minimum requirements to be met . the indications shall be sufficiently precise as to enable economic operators to identify the precise nature and scope of the procurement and decide whether to request to participate in the procedure .


### the partnership shall be structured in successive stages following the sequence of steps in the research and innovation process , possibly up to the manufacturing of the supply or the provision of the services . it shall provide for intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments . based on those targets , the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases , provided that it has acquired the relevant intellectual property rights . ### the partnership shall be structured in successive stages following the sequence of steps in the research and innovation process , which may include the manufacturing of the supply , or the provision of the services or the completion of the works . the partnership shall set intermediate targets to be attained by the partner and provide for remuneration in appropriate instalments . based on those targets , the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases , provided that the contracting authority has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership .


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


### fostering innovative , competitive and knowledge based aquaculture through the focus on the following areas : ### fostering sustainable , innovative , competitive and knowledge based aquaculture through the focus on the following areas :


### diversification of the income of aquaculture enterprises through the development of new aquaculture species with good market prospects ; ### diversification of the income of aquaculture enterprises through the development of new native aquaculture species with good market and environmental prospects ;


### support under this chapter shall contribute to achieve the specific objectives of chapter i and chapter ii of this title . ### support under this chapter shall contribute to :


### submit a business plan for the development of their aquaculture activities . ### submit an economically and environmentally viable business plan for the development of their aquaculture activities .


### in order to reduce the impact of fishing on the marine environment , foster the elimination of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support investments in equipment : ### in order to reduce the impact of fishing on the marine environment , foster the elimination of discards and facilitate the transition to the exploitation of living marine biological resources at levels capable of restoring and maintaining populations of harvested species above levels which can produce the msy , the emff may support research and investments in equipment aimed at :


### it is paramount to better integrate environmental concerns into the cfp which should deliver on the objectives and targets of the union ' s environmental policy and the europe 2020 strategy . the cfp is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield , not later than 2015 . the cfp shall implement the precautionary and eco - system approaches to fisheries management . consequently the emff should contribute to the protection of the marine environment as set out in the directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . ### it is paramount to better integrate environmental concerns into the cfp which should deliver on the objectives and targets of the union ' s environmental policy and the europe 2020 strategy . the cfp is aimed at a sustainable exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield , not later than 2015 . the cfp shall implement an ecosystem - based approach to fisheries and aquaculture management . consequently the emff should contribute to the protection of the marine environment as set out in the directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy .


### a description of activities of data collection to be carried out to allow the following : ### a description of activities of data collection to be carried out in consultation with stakeholders to allow the following :


### in line with the discard ban introduced by the cfp , the emff should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught . considering the scarcity of the resources , in order to maximise the value of the fish caught , the emff should also support investments on board aiming at adding commercial value to fish caught . ### in line with the discard ban introduced by the cfp , the emff should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught . considering the scarcity of the resources , in order to maximise the value of the fish caught , the emff should also support investments on board aiming at adding commercial value to fish caught . this support for investments shall be conditional upon the use of more selective gear to minimise unwanted catch .


### it is paramount to better integrate environmental concerns into the cfp which should deliver on the objectives and targets of the union ' s environmental policy and the europe 2020 strategy . the cfp is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield , not later than 2015 . the cfp shall implement the precautionary and eco - system approaches to fisheries management . consequently the emff should contribute to the protection of the marine environment as set out in the directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . ### it is paramount to better integrate environmental concerns into the cfp which should deliver on the objectives and targets of the union ' s environmental policy and the europe 2020 strategy . the cfp is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield by 2015 where possible and by 2020 at the latest . consequently the emff should contribute to the protection of the marine environment as set out in the directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy .


### fostering the implementation of the cfp . ### supporting the implementation and decentralisation of the cfp .


### conducting regional , national or transnational promotional campaigns for fishery and aquaculture products . ### conducting regional , national or transnational promotional campaigns for environmentally sustainable fishery and aquaculture products .


### creating producers ' organisations , associations of producer organisations or inter - branch organisations recognised under chapter ii , section iii of regulation [ on the common organisation of the markets in fisheries and aquaculture products ] ; ### creating producers ' organisations , associations of producer organisations or inter - branch organisations recognised under chapter ii , section iii of regulation [ on the common organisation of the markets in fisheries and aquaculture products ] and contribute to their internal functioning in order for them to play a more meaningful role in the day to day management of fisheries .


### the management and use of data for the purpose of scientific analysis and cfp implementation ; ### the collection , management and use of data for the purpose of scientific analysis and cfp implementation ;


### activities referred to in paragraph 1 may cover data collection activities , studies , dissemination of knowledge and best practices . ### activities referred to in paragraph 1 may cover data collection activities , studies , pilot projects , dissemination of knowledge and best practices , in particular through seminars .


### aquaculture contributes to growth and jobs in coastal and rural regions . therefore , it is crucial that the emff is accessible to aquaculture enterprises , in particular smes and contributes to bringing new aquaculture farmers into the business . in order to increase the competitiveness and economic performance of aquaculture activities it is vital to stimulate innovation and entrepreneurship . therefore the emff should support innovative operations and business development , in particular non - food and off - shore aquaculture . ### aquaculture contributes to growth and jobs in coastal and rural regions . therefore , it is crucial that the emff is accessible to aquaculture enterprises , in particular smes . the emff shall encourage the entry of new aquaculture enterprises that are innovative , add value to the industry and food production and those enterprises that offer adequate environmental protection .


### audit committees , or bodies performing an equivalent function within the audited entity , have a decisive role in contributing to high - quality statutory audit . it is particularly important to reinforce the independence and technical competence of the audit committee by requiring that a majority of its members is independent and that at least one member of the committee has competence in auditing and another one in auditing and / or accounting . the commission recommendation of 15 february 2005 on the role of non - executive or supervisory directors of listed companies and on the committees of the board sets out how audit committees should be established and function . considering , however , the dimension of boards in companies with reduced market capitalisation and in small and medium - sized public - interest entities , it would be appropriate that the functions assigned to the audit committee for those entities , or to a body performing equivalent functions within the audited entity , may be performed by the administrative or supervisory body as a whole . public - interest entities which are ucits or alternative investment funds should also be exempted from the obligation to have an audit committee . this exemption takes into account the fact that where those funds function merely for the purpose of pooling assets , the employment of an audit committee is not appropriate . ucits and alternative investments funds , as well as their management companies , operate in a strictly defined regulatory environment and are subject to specific governance mechanisms such as controls exercised by their depositary . ### audit committees , or bodies performing an equivalent function within the audited entity , have a decisive role in contributing to high - quality statutory audit . it is particularly important to reinforce the independence and technical competence of the audit committee by requiring that a majority of its members is independent and that at least one member of the committee has competence in auditing and another one in auditing and / or accounting . the commission recommendation of 15 february 2005 on the role of non - executive or supervisory directors of listed companies and on the committees of the board sets out how audit committees should be established and function . considering , however , the dimension of boards in companies with reduced market capitalisation and in small and medium - sized public - interest entities , it would be appropriate that the functions assigned to the audit committee for those entities , or to a body performing equivalent functions within the audited entity , may be performed by the administrative or supervisory body as a whole .


### indicate the non - audit services referred to in article 10 and that the audit committee allowed the statutory auditor or the audit firm to provide to the audited entity ; ### indicate the non - audit services referred to in article 10 that the audit committee allowed the statutory auditor or the audit firm to provide to the audited entity ;


### for the purposes of this article , non - audit services shall mean : ### for the purposes of this article , prohibited non - audit services shall mean :


### in order to take account of the technical developments in the financial markets , in auditing and the audit profession and to specify the requirements laid down in this regulation , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union . in particular , the use of delegated acts is necessary to adapt the list of related audit services and of non - audit services as well as to set out the level of fees that esma could charge for delivering the european quality certificate to statutory auditors and audit firms . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to take account of the technical developments in the financial markets , in auditing and the audit profession and to specify the requirements laid down in this regulation , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union . in particular , the use of delegated acts is necessary to adapt the list of related audit services and of prohibited non - audit services . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level and with the egaob . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### statutory auditors and audit firms shall communicate to esma and to the competent authorities that the transparency report has been published on the website of the statutory auditor or audit firm or , as appropriate , that it has been updated . ### statutory auditors and audit firms shall communicate to the competent authorities that the transparency report has been published on the website of the statutory auditor or audit firm or , as appropriate , that it has been updated .


### competent authorities supervising credit institutions and insurance undertakings shall establish regular a dialogue with the statutory auditors and audit firms carrying out the statutory audit of those institutions and undertakings . ### competent authorities supervising credit investment firms , institutions and insurance undertakings shall establish regular a dialogue with the statutory auditors and audit firms carrying out the statutory audit of those institutions and undertakings at least once a year , a trilateral meeting between competent authorities supervising credit institutions and insurance undertakings , the statutory auditors and audit firms carrying out the statutory audit and the institutions and undertakings themselves shall take place .


### an unauthorised biocidal product or an active substance for exclusive use in a biocidal product shall not be placed on the market for the purpose of any experiment or test which may involve , or result in , release of the biocidal product into the environment unless the competent authority has assessed the data submitted by the person interested in the placing of such product on the market and issued a national authorisation for this purpose which limits the quantities to be used and the areas to be treated and which may impose further conditions . the competent authority shall without delay inform the commission and other competent authorities about the issued national authorisation . ### an unauthorised biocidal product or an active substance for exclusive use in a biocidal product shall not be placed on the market for the purpose of any experiment or test which may involve , or result in , release of the biocidal product into the environment unless the competent authority has assessed the data submitted by the person interested in the placing of such product on the market and issued a positive opinion for this purpose which may impose further conditions . in the absence of an opinion from the competent authority within 30 days of the notification of the information required in paragraph 1 , the biocidal product or active substance may be placed on the market for the purpose of the notified experiment or test .


### where any experiment or test takes place in a member state other than the member state where placing on the market of the biocidal product occurs , the applicant shall obtain experiment or test authorisation from the competent authority of the member state in the territory of which the experiments or tests are to be conducted . ### where any experiment or test takes place in a member state other than the member state where placing on the market of the biocidal product occurs , the applicant shall notify the competent authority of the member state in the territory of which the experiments or tests are to be conducted . the applicant shall draw up and maintain written records detailing the identity of the biocidal product or active substance , labelling data and quantities supplied , and shall compile a dossier containing all available data on possible effects on human or animal health or impact on the environment . the applicant shall , if requested , make this information available to the competent authority .


### the name of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials ; ### the name , using wherever possible common nomenclature of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials , where relevant and for all active substances which are intended to be released under normal or foreseeable conditions of use from the treated article or material , unless labelling requirements or alternative means to meet information requirements already exist under sector - specific legislation .


### the commission and the member states shall ensure the complementarity of the european heritage label with other initiatives in the field of cultural heritage such as the unesco world heritage list and the council of europe’s ‘ european cultural routes’ . ### the commission and the member states shall ensure that the european heritage label supplements other initiatives in the field of cultural heritage such as the unesco world heritage list , the unesco representative list of the intangible cultural heritage of humanity and the council of europe’s ‘ european cultural routes’ .


### the commission and the member states shall ensure the complementarity of the european heritage label with other initiatives in the field of cultural heritage such as the unesco world heritage list and the council of europe ' s ' european cultural routes ' . ### the commission and the member states shall ensure that the european heritage label supplements but does not duplicate other initiatives in the field of cultural heritage such as the unesco world heritage list and the council of europe ' s ' european cultural routes ' .


### candidates for the label shall submit a project which promotes their european dimension and commits them to all the following elements : ### candidates for the label shall submit a project , the implementation of which is to begin by the end of the designation year at the latest , and which includes all the following elements :


### the receiving competent authority may require that applications for a national authorisation be submitted in one or more of the official languages of the member state where that competent authority is situated . ### the receiving competent authority may require that applications for a national authorisation be submitted in one of the official languages of the member state where that competent authority is situated .


### taking into consideration that some products were not previously covered by the community legislation in the field of biocidal products , it is appropriate to allow for a transitional period for the companies to be prepared to apply the rules concerning in situ generated active substances , treated articles and materials and food contact materials . ### taking into consideration that some products were not previously covered by the community legislation in the field of biocidal products , it is appropriate to allow for a transitional period for the companies to be prepared to apply the rules concerning in situ generated active substances and treated articles and materials .


### before new tests are carried out to determine the properties listed in this annex , all available in vitro data , in vivo data , historical human data , data from valid sars and data from structurally related substances shall be assessed first . in vivo testing with corrosive substances at concentration / dose levels causing corrosivity shall be avoided . prior to testing , further guidance on testing strategies should be consulted in addition to this annex . ### before new tests are carried out to determine the properties listed in this annex , all available in vitro data , in vivo data , historical human data , data from valid sars and data from structurally related substances shall be assessed first . in vivo testing with corrosive substances at concentration / dose levels causing corrosivity shall be avoided . prior to testing , further guidance on intelligent testing strategies should be sought from experts in alternatives to animal experimentation in addition to this annex .


### taking into consideration that some products were not previously covered by the community legislation in the field of biocidal products , it is appropriate to allow for a transitional period for the companies to be prepared to apply the rules concerning in situ generated active substances , treated articles and materials and food contact materials . ### taking into consideration that some products were not previously covered by the community legislation in the field of biocidal products , it is appropriate to allow for a transitional period for the companies to be prepared to apply the rules concerning in situ generated active substances , treated articles and materials .


### dossiers on active substances shall contain the information needed to establish , where relevant , acceptable daily intake , acceptable operator exposure level , predicted environmental concentration and predicted no - effect concentration . ### dossiers on active substances shall contain the information needed to establish that exposure is below the threshold of toxicological concern , or where relevant , to establish the acceptable daily intake , acceptable operator exposure level , predicted environmental concentration and predicted no - effect concentration .


### tests submitted for the purpose of authorisation shall be conducted according to the methods described in council regulation no 440 / 2008 . however , if a method is inappropriate or not described , other methods shall be used which are , whenever possible , internationally recognised and must be justified in the application . ### tests submitted for the purpose of authorisation shall be conducted according to the methods described in council regulation no 440 / 2008 . however , if a method is inappropriate or not described , other methods shall be used which are scientifically appropriate and must be justified in the application .


### treated materials or articles that incorporate one or more biocidal products shall not be placed on the market unless the biocidal product used for treating the materials or articles are authorised for this use in the community or in at least one member state . ### treated materials or articles that incorporate one or more biocidal products shall not be placed on the market unless the biocidal product used for treating the materials or the articles are authorised for this use in the community or in at least one member state , or the biocidal product is present in those articles in transit in a concentration of less than 0 . 01% weight by weight .


### the labelling shall be clearly visible , easily legible and appropriately durable . where this is necessary because of the size or the function of the treated article or material , the labelling shall be printed on the packaging , on the instructions for use or on the warranty of the treated article or material . ### the labelling shall be clearly visible , easily legible , appropriately durable and printed on the article or material , on the packaging , on the instructions for use or on the warranty of the treated article or material in the national language or languages of the member state on whose market the treated article or material is to be placed .


### the name of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials ; ### the name , using wherever possible common nomenclature of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials , where relevant and for all active substances which are intended to be released under normal or foreseeable conditions of use from the treated article or material , unless labelling requirements or alternative means to meet information requirements already exist under sector - specific legislation ;


### the commission shall draw up a report on the implementation of this regulation and , in particular , on the functioning of the community authorisation procedure and mutual recognition , by 1 january 2023 . the commission shall submit the report to the european parliament and the council . ### the commission shall draw up a report on the implementation of this regulation and , in particular , on the functioning of the community authorisation procedure and mutual recognition , by 1 january 2016 . the commission shall submit the report to the european parliament and the council .


### a reduced fee shall be set for small and medium - sized enterprises within the meaning of recommendation 2003 / 361 / ec concerning the definition of micro , small and medium - sized enterprises ; ### a reduced fee shall be set for smes , this in no way alters the responsibility of the evaluating competent authority for carrying out an accurate evaluation within the meaning of the regulation ;


### the exposure of humans to that active substance in a biocidal product , under normal conditions of use , is negligible , in particular where the product is used in closed systems or strictly controlled conditions ; ### the exposure of humans to that active substance in a biocidal product , under prescribed conditions of use , is negligible or adequately controlled , taking account of the intrinsic hazards presented by the substance , in particular where the product is used in closed systems or strictly controlled conditions ;


### if , when the dossiers are evaluated , it appears that additional information is necessary to carry out the evaluation , the evaluating competent authority shall ask the applicant to submit such information within a specified time limit , and shall inform the agency thereof . ### if , when the dossiers are evaluated , it appears that additional information is necessary to carry out the evaluation , the evaluating competent authority shall ask the applicant to submit such information within a time limit that shall not exceed six months . in exceptional circumstances and following proper justification , the time limit may be extended by up to a further six months . the evaluating competent authority shall inform the agency thereof .


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify some technical elements of the definitions laid down in paragraph 1 of this article , to adjust them to market developments . ### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify some technical elements of the definitions laid down in paragraph 1 of this article , to adjust them to market developments , in particular in relation to point 30a of paragraph 2 .


### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply . ### this regulation establishes measures aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market for gas and establishing exceptional measures to be implemented when the market can no longer deliver required gas supplies by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the union regarding both preventive action and the reaction to concrete disruptions of supply or serious and reliable threat of them in the spirit of solidarity between the member states .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : ### the competent authority shall require supply undertakings to ensure the gas supply to the protected customers of the member state in the case of :


### implementation of the plans ; ### implementation and review of the plans ;


### the commission shall verify within one week whether the declaration of an emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified . ### the commission shall verify within three days whether the declaration of an emergency fulfils the criteria indicated in paragraph 2 and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified .


### any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission may declare a union emergency at the request of one competent authority or where the union is losing more than 10% of its daily gas import from third countries &#8211 ; which amounts to the daily consumption of certain member states &#8211 ; as calculated by entso - g . it shall declare a union emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a union emergency for specifically affected geographical regions comprising more than one member state .


### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply . ### this regulation establishes measures aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market for gas and by establishing exceptional measures to be implemented when the market can no longer deliver the required gas supplies by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply or serious and reliable threats of such disruptions , in the spirit of solidarity between the member states .


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### if necessary in the light of the risk and impact assessment carried out in accordance with article 8 , taking into account technical feasibility and a cost - benefit analysis , the transmission system operators shall , by . . . * , enable permanent physical capacity to transport gas in both directions on those interconnections where the addition of a bi - directional flow capacity would enhance the security of supply , in particular during an emergency . the assessment may be reviewed if circumstances change . within that three - year period , the gas transmission system operator shall , in accordance with the risk and impact assessment carried out in accordance with article 8 , taking into account technical feasibility and a cost - benefit analysis , adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . * oj please insert date : three years from the date of entry into force of this regulation .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission , after consulting the gas coordination group , may declare a union emergency at the request of at least two competent authorities in the affected region or when the union loses more than 20% of its daily gas import from third countries as compared to planned import volumes as estimated by entso - g . after consulting the gas coordination group , it shall declare a union emergency where more than two competent authorities have declared emergency following the verification in accordance with article 9 . it may declare a union emergency for specifically affected geographical regions comprising more than one member state .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission shall declare a community emergency where more than one competent authority has declared an emergency in accordance with article 9 or when the community loses more than 10% of its daily gas import from third countries as estimated by entso - g . it may at the request of a competent authority , declare a community emergency for specifically affected geographical regions comprising more than one member state .


### by [ 31 march 2014 ; 3 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years . ### by [ 31 march 2017 ; 6 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of flows at the largest gas transmission entry point , the available infrastructure has the capacity to deliver the necessary volume of gas to satisfy gas demand of the protected customers in the calculated area during a day of exceptionally high gas demand during the coldest period statistically occurring every twenty years .


### by [ 31 march 2014 ; 3 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the largest gas supply infrastructure , the remaining infrastructure has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years . ### by [ 31 march 2017 ; 6 years after entry into force ] at the latest , the competent authority shall ensure that in the event of a disruption of the largest gas transmission entry point , the available infrastructure has the capacity to deliver the necessary volume of gas to satisfy gas demand of the protected customers in the calculated area during a period of sixty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years .