### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure high quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , the involvement and empowerment of users and innovation . member states shall provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service , but take into account quality and sustainability criteria for social services as set out above .


### it is therefore appropriate to replace directive 96 / 82 / ec to ensure that that existing levels of protection are maintained and further improved , by making the provisions more effective and efficient , and where possible reducing unnecessary administrative burdens by streamlining or simplification without compromising safety . at the same time , the new provisions should be clear , coherent and easy to understand to help improve implementation and enforceability . ### it is therefore appropriate to replace directive 96 / 82 / ec to ensure that that existing levels of protection are maintained and further improved , by making the provisions more effective and efficient , and where possible reducing unnecessary administrative burdens by streamlining or simplification without compromising safety . at the same time , the new provisions should be clear , coherent and easy to understand to help improve implementation and enforceability , and the level of health and environmental protection should be maintained or even increased .


### major accidents often have serious consequences , as evidenced by accidents like seveso , bhopal , schweizerhalle , enschede , toulouse and buncefield . moreover the impact can extend beyond national borders . this underlines the need to ensure that appropriate precautionary action is taken to ensure a high level of protection throughout the union for citizens , communities and the environment . ### major accidents often have serious consequences , as evidenced by accidents like seveso , bhopal , schweizerhalle , enschede , toulouse and buncefield . moreover the impact can extend beyond national borders . this underlines the need to ensure that appropriate precautionary action is taken to ensure a high level of protection throughout the union for citizens , communities and the environment . there is therefore a need to ensure that existing high levels of protection are maintained and if possible further improved .


### this directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof , on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law , regulation or administrative provision , and which has been granted in accordance with the treaty and union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex iii . ### this directive shall not apply to services concessions concerning network infrastructure management related to activities set out in annex iii or to services concessions for activities set out in annex&#160 ; iii or which , as at the entry into force of this directive , are the subject of a nationally regulated tariff laid down by law or regulation where such concessions are awarded to an economic operator on the basis of an exclusive right which that operator enjoys pursuant to applicable and published national law , regulations , or administrative provisions .


### libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations are engaged in large - scale digitisation of their collections or achives in order to create european digital libraries . libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations in the member states contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections . ### libraries , museums , archives , educational establishments , film heritage institutions and broadcasting organisations established in the member states are engaged in large - scale digitisation of their collections or archives in order to create european digital libraries . they contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections .


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work or a sound recording shall be considered orphan if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 .


### supporting a multimodal single european transport area by investing in the trans - european transport network network ; ### supporting a multimodal single european transport area within the trans - european transport network network ;


### by derogation to article 4 above , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities . ### by derogation to article 4 above , innovative actions may support all activities necessary to achieve the thematic objectives set out in article 9 of regulation no [ . . . ] / 2012 [ cpr ] and corresponding investment priorities .


### promoting employment and supporting labour mobility : development of business incubators and investment support for self - employment and business creation ; local development initiatives and aid for structures providing neighbourhood services to create new jobs , where such actions are outside the scope of regulation no [ … ] / 2012 [ esf ] ; investing in infrastructure for public employment services ; ### promoting employment and supporting labour mobility through : supporting the development of business incubators and investment support for self - employment , micro - enterprises and business creation ; supporting employment friendly growth through the development of endogenous potential as part of a territorial strategy for specific areas , including the conversion of declining industrial regions and enhancement of accessibility to and development of specific natural and cultural resources ; supporting local development initiatives and aid for structures providing neighbourhood services to create new jobs , where such actions are outside the scope of regulation no [ … ] / 2012 [ esf ] ; investing in infrastructure for employment services ;


### enhancing the competitiveness of smes : promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms ; developing new business models for smes , in particular for internationalisation ; ### enhancing the competitiveness of smes through : promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms , including through business incubators ; developing and implementing new business models for smes , in particular for internationalisation ; supporting the creation and the extension of advanced capacities for product and service development ; supporting the capacity of smes to engage in growth in regional , national and international markets , and in innovation processes ;


### promoting low - carbon strategies for urban areas ; ### promoting climate compatible and energy - saving strategies for mountain areas ;


### protecting , promoting and developing cultural heritage ; ### protecting , promoting and developing cultural heritage , the environmental legacy and the landscape ;


### the commission shall establish , in accordance with article 51 of regulation no [ &#8230 ; ] / 2012 [ cpr ] , an urban development platform to promote capacity - building and networking between cities and exchange of experience on urban policy at union level in areas related to the investment priorities of the erdf and to sustainable urban development . ### the commission , in accordance with article 51 of regulation no [ . . . ] / 2012 [ cpr ] , shall promote capacity - building and networking between local authorities and exchange of experience on urban policy at union level in areas related to the investment priorities of the erdf and to sustainable urban development .


### promoting sustainable transport and removing bottlenecks in key network infrastructures : supporting a multimodal single european transport area by investing in the trans - european transport network network ; enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure ; developing environment - friendly and low - carbon transport systems and promoting sustainable urban mobility ; developing comprehensive , high quality and interoperable railway system ; ### promoting sustainable transport and removing bottlenecks in key network infrastructures through : supporting a multimodal single european transport area by investing in the trans - european transport network network ; enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure , including multimodal nodes ; developing and improving environment - friendly , and low - carbon transport systems including inland waterways and maritime transport , ports , multimodal links and airport infrastructure , in order to promote sustainable regional and local mobility ; developing and rehabilitating comprehensive , high quality and interoperable railway system , and promoting noise - reduction measures ; improving energy efficiency and security of supply through the development of smart energy distribution , storage and transmission systems and through the integration of distributed generation from renewable sources ;


### promoting sustainable transport and removing bottlenecks in key network infrastructures : ### promoting intermodal , sustainable transport and mobility , while focusing on improving existing infrastructure , removing rail bottlenecks in key network infrastructures and filling in missing trans - border links


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in education , skills , lifelong learning and culture by developing education and training infrastructure and promoting cultural heritage ;


### each member state shall establish in its partnership contract a list of cities where integrated actions for sustainable urban development are to be implemented and an indicative annual allocation for these actions at national level . at least 5% of the erdf resources allocated at national level shall be allocated to integrated actions for sustainable urban development delegated to cities for management through integrated territorial investments referred to in article 99 of regulation no [ … ] / 2012 [ cpr ] . ### taking into account its specific territorial situation , each member state shall establish in its partnership agreement the principles for the selection of urban areas where integrated actions for sustainable urban development are to be implemented and an indicative annual allocation for these actions at national level . 2a . at least 5% of the erdf resources allocated at national level under the investment for growth and jobs goal shall be allocated to integrated actions for sustainable urban development where cities , sub - regional or local bodies responsible for implementing sustainable urban strategies shall be responsible for tasks relating at least to the selection of operations in accordance with article 113 of regulation no [ … ] / 2013 [ cpr ] , or , where appropriate , in accordance with article 113 of that regulation . the indicative amount to be dedicated for the purposes of paragraph shall be set out in the operational programme or operational programmes concerned . 2b . the managing authority shall decide , in consultation with the urban authority , the scope of tasks concerning the management of integrated actions for sustainable urban development which urban authorities shall undertake . the decision of the managing authority shall be formally recorded in writing . the managing authority may retain the right to undertake a final verification of eligibility of operations before approval .


### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 50% contribution to the cost of the package and its implementation as the norm , and the possibility to raise this rate to up to 65% in the case of applications submitted by those member states on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . ### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 75% contribution to the cost of the package and its implementation as the norm , and the possibility to raise this rate to up to 85% in the case of applications submitted by those member states on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds .


### the procedures followed for consulting the social partners or other relevant organisations as applicable ; ### the procedures followed for consulting the workers or their representatives , the social partners , local and regional bodies or other relevant organisations as applicable ;


### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50&#160 ; % of the total of the estimated costs referred to in article 8 or 65&#160 ; % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 65 % co - funding rate is justified . ### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 60 % of the total of the estimated costs referred to in article 8 or 75 % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is classified as ' less developed ' for structural fund purposes . the commission , in its assessment of such cases , will decide whether the 75 % co - funding rate is justified .


### special provisions should be included for information and communication activities on egf cases and outcomes . in addition , to bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the commission , the resources allocated to communication actions under this regulation should also contribute to covering the corporate communication of the political priorities of the union provided that these are related to the general objectives of this regulation . ### information and communication activities should be initiated regarding egf cases , how they function and their outcomes . in addition , to ensure citizens are more fully informed and , most especially , that employees and owners of smes know about the fund , the resources allocated to communication actions under this regulation should apply not just to all levels of national government but also to representatives of organised civil society . with their in - depth knowledge of economic sectors and of the particular characteristics of the territory and its human capital , they play a vital part not just in collecting the data needed for mobilisation of the fund , but also in developing , in agreement with the level of governance concerned , the most effective intervention measures .


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


### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application . ### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers by means of refresher courses , retraining , or development of training courses for entrepreneurs . member states should strive towards the reintegration into employment or new activities of at least 70 % of the targeted workers within 12 months of the date of application .


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . ### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . in particularly serious situations , the egf may also provide temporary support measures that are complementary to pecuniary allowances intended to cover the period of time between workers leaving the labour market and returning to it .


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and employment through rapid and effective support provided to all workers made redundant as a result of major structural changes in world trade patterns , changes in corporate governance favouring relocation of production to areas with lower labour costs , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment by updating their skills or through the transmission of new skills including entrepreneurial ones , or for changing or adjusting their agricultural activities .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy efficiency obligation scheme or take other measures to achieve energy savings among final customers . either the obligation scheme or the other measures shall ensure that either all energy distributors or all retail energy sales companies or other relevant party operating on the member state ' s territory take measures which represent energy savings equivalent [ adjusted to average years and other relevant factors like economic growth ] to 4 . 5% of their energy distributed or energy sales , by volume , in the previous three years in that member state . member states may include measures in the transport sector in their national schemes .


### under transnational cooperation : development and implementation of macro - regional and sea - basin strategies . ### under transnational and cross - border cooperation : development and implementation of macro - regional and sea - basin or mountain range strategies


### promoting legal and administrative cooperation and cooperation between citizens and institutions ; ### promoting legal and administrative cooperation and various forms of cooperation between citizens and institutions , including the infrastructure required ;


### exchange of experience on thematic objectives among partners throughout the union on the identification and dissemination of good practice with a view to its transfer to operational programmes under the investment for growth and jobs goal ; ### exchange of experience on thematic and territorial objectives among partners throughout the union on the identification and dissemination of good practice with a view to its transfer to operational programmes under the investment for growth and jobs goal ;


### for transnational cooperation , the commission shall adopt the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes , by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 . ### for transnational cooperation , the commission shall adopt the list of transnational areas to receive support , broken down by cooperation programme and covering nuts level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes , by means of implementing acts . to improve programming efficiency , the transnational areas identified must rely on natural and human geography and consider large sea - basins , river basins and river basins in their breakdown . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 30 .


### the identification of the areas in which community - led local development will be implemented ; ### the identification of the areas in which community - led local development will be implemented particularly in areas with particular territorial features ;


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform taking due account of existing in - vehicle systems for possible future in - vehicle applications or services .


### a description of the authentication possibility ; ### a description of the authentication possibility , also in accordance with the different security levels required for access ;


### this regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market . ### this regulation lays down rules for electronic identification and trust services for electronic transactions with a view to ensuring the proper functioning of the internal market , guaranteeing a high level of security for identification means and trust services and boosting public trust in the digital world .


### mutual recognition and acceptance ### mutual recognition


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the linguistic versions of the title , subject - matter and objectives of the proposed initiative ; the initiative does not manifestly fall outside the scope of the commission’s power under the treaties to submit a proposal for the requested legal act ; the proposed initiative is not manifestly abusive , frivolous or vexatious ; the proposed initiative is not manifestly contrary to the values of the union as set out in article 2 of the treaty on european union .


### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; b . examine the citizens ' initiative and , within 4 months , set out in a communication its conclusions on the initiative , the action it intends to take , if any , and its reasons for doing so . ### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; aa . receive the organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative and organise a public hearing on the subject - matter of the initiative , if appropriate jointly with other institutions or bodies of the eu ; b . examine the citizens ' initiative and present a proposal for a legal act within one year or include that proposal in its next year ' s work programme .


### any direct or indirect commercial use of a registered name in respect of products not covered by the registration insofar as those products are comparable to the products registered under that name or insofar as using the name exploits the reputation of the protected name ; ### any direct or indirect commercial use of a registered name in respect of products not covered by the registration insofar as those products are comparable to the products registered under that name or insofar as using the name exploits the reputation of the protected name , including in cases where they are used as ingredients ;


### member states shall take the appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications as referred to in paragraph 1 , in particular at the request of a producer group as provided for in point of article 42 . ### member states shall take the appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications , as referred to in paragraph 1 , that are produced or marketed in that member state .


### a member state may , on a transitional basis only , grant protection to a name under this regulation at national level , with effect from the date on which an application is lodged with the commission . ### a member state may , on a transitional basis only , grant protection to a name or accept an amendment to a product specification under this regulation at national level , with effect from the date on which an application is lodged with the commission .


### names registered in accordance with the requirements laid down in the first subparagraph of article 1 , and in article 13 of regulation no 509 / 2006 , including those registered pursuant to applications referred to in the second subparagraph of article 55 of this regulation , may continue to be used under the conditions provided for in regulation no 509 / 2006 , until 31 december 2017 . ### names registered in accordance with the requirements laid down in the first subparagraph of article 1 , and in article 13 of regulation no 509 / 2006 , including those registered pursuant to applications referred to in the second subparagraph of article 55 of this regulation , may continue to be used under the conditions provided for in regulation no 509 / 2006 , until 31 december 2017 , unless member states use the procedure set out in paragraph 2a of this article .


### promoting human rights and fundamental freedoms , the rule of law , principles of equality , establishing deep and sustainable democracy , promoting good governance and developing a thriving civil society including social partners ; ### securing respect for human rights and fundamental freedoms , the rule of law , principles of equality , for establishing deep and sustainable democracy , for good governance and for developing a thriving civil society including social partners ;


### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected either by coloured graphics or by a watermark in the form of the manufacturer ' s identification mark . ### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected by adequate means including coloured graphics or a watermark in the form of the manufacturer ' s identification mark .


### the software calibration identification number applicable to a vehicle type ; ### the software part number applicable to a vehicle type ;


### approval authorities shall continue to grant extension of approvals to those vehicles , systems , components or separate technical units under the terms of directive 2003 / 37 / ec and any of the directives listed in article 56 . ### approval authorities shall continue to grant extension of approvals to the vehicles , systems , components or separate technical units referred to in paragraph 1 in accordance with directive 2003 / 37 / ec and any of the directives listed in article 62 .


### the complete test reports issued on the basis of the standardised oecd codes listed in annex i , approved according to the general rules of oecd , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . ### the test reports issued on the basis of the standardised oecd codes listed in annex i , or equivalent standards , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . the specific type approval may be issued by the type approval authority or , when relevant , by oecd , at the choice of the manufacturer .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained . ### in order to ensure that a high level of functional safety is obtained , the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 . the detailed technical requirements shall ensure that , when relevant , vehicles with a maximum speed of more than 40 km / h , with the exclusion of towed implements s , meet an equivalent level of road safety with regards to brake performance and anti - lock braking systems as motor vehicles and their trailers .


### manufacturers shall make training material available to independent operators and authorised dealers and repairers . ### to the exclusion of software for changing parameters and data sets , manufacturers shall make training material and related appropriate tools available to independent operators and authorised dealers and repairers . they shall also provide them with adequate training with regard to the download of software and the diagnostic trouble codes management


### paragraph 1 shall apply , in the case of complete vehicles , for a period of twelve months from the date on which validity of the eu type - approval expired and , in the case of completed vehicles , for a period of eighteen months from that date . ### paragraph 1 shall apply , in the case of complete vehicles , for a period of 24 months from the date on which validity of the eu type - approval expired and , in the case of completed vehicles , for a period of 30 months from that date .


### manufacturers shall provide unrestricted and standardised access to vehicle repair and maintenance information to independent operators through websites in a readily accessible and prompt manner . in particular , this access should be granted in a manner which is non - discriminatory compared to the provision given or access granted to authorised dealers and repairers . ### manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner . in particular , this access shall be granted in a manner which is non - discriminatory compared to the access granted to authorised dealers and repairers .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained . ### in order to ensure that a high level of functional safety is obtained , the commission shall be empowered to adopt delegated acts in accordance with article 57 concerning the detailed technical requirements for the subjects listed in paragraph 2 of this article , including test procedures and limit values , where applicable . those detailed technical requirements shall be such as to increase , or at least maintain , the level of functional safety afforded by the directives referred to in articles 62 and article 63 . the detailed technical requirements shall , in particular , ensure the following : - vehicles with a maximum speed of more than 40 km / h meet an equivalent level of road safety with regards to brake performance and anti - lock braking systems as motor vehicles and their trailers ; - the maximum contact pressure exerted on hard road surface from tyres or tracks does not exceed 0 . 9 mpa .


### the complete test reports issued on the basis of the standardised oecd codes listed in annex i , approved according to the general rules of oecd , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . ### the test reports issued on the basis of the standardised oecd codes listed in annex i , or its equivalent standard , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . the specific type approval may be issued by the type approval authority or , when relevant , by oecd , at the choice of the manufacturer .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided . ### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which tractor repair and maintenance information shall be provided .


### for the purposes of the design and manufacture of automotive equipment for alternative fuel tractors , manufacturers shall provide the relevant obd and vehicle repair and maintenance information on a non - discriminatory basis to any interested manufacturer , installer or repairer of equipment for alternative fuel vehicles . ### for the purposes of the design and manufacture of automotive equipment for alternative fuel tractors , manufacturers shall provide the relevant obd and tractor repair and maintenance information on a non - discriminatory basis to any interested manufacturer , installer or repairer of equipment for alternative fuel tractors .


### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected either by coloured graphics or by a watermark in the form of the manufacturer’s identification mark . ### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected by adequate means such as coloured graphics or a watermark in the form of the manufacturer’s identification mark .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided . ### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information , in particular technical specifications relating to the way in which tractor repair and maintenance information shall be provided . the commission shall ensure that information provided and related procedures follow the principle of reasonableness and proportionality , both for sales volume of vehicle types and / or manufacturers dimension . specific attention should be paid to the needs of smes .


### the name or business name and address of the manufacturer or packager , or of a seller established within the community ; ### the name or business name or a registered trademark and the address of the manufacturer , of the packager and , for products coming from third countries , of a seller established within the community ;


### establishing targets for the sustainable exploitation of stocks ; ### establishing targets for the sustainable exploitation and conservation of stocks ;


### the eib shall progressively increase its activity in social sectors , such as health and education . ### the eib shall increase its activity in social sectors , such as health and education .


### in addition to the regional ceilings , the optional mandate of eur 2 000 000 000 should be activated and allocated as an envelope to support eib financing operations in the field of climate change mitigation and adaptation across the regions covered by the mandate . the eib could contribute with its expertise and resources , in close cooperation with the commission , to support public authorities as well as the private sector to address the challenge of climate change and to make the best possible use of available financing . for mitigation and adaptation projects , the resources of the eib should be complemented where possible with concessional funds available under the eu budget , through the efficient and consistent blending of grants and loans for climate change financing in the context of eu external assistance . ### in addition to the regional ceilings , the optional mandate of eur 2 000 000 000 should be activated to support eib financing operations covered by the mandate . the eib could contribute with its expertise and resources , in cooperation with the commission , to support public authorities and the private sector to address the challenge of climate change and to make the best possible use of available financing . for mitigation and adaptation projects , the resources of the eib may be complemented with concessional funds available under the eu budget , through the efficient and consistent blending of grants and loans for climate change financing in the context of eu external assistance . in this regard , it is appropriate that the commission ' s annual report to the european parliament should contain a detailed report on the financial instruments used for financing these projects , identifying the amounts of guarantees under the optional mandate and amounts of grants and loans .


### regular rotation of credit rating agencies issuing credit ratings on an issuer or its debt instruments should bring more diversity to the evaluation of the creditworthiness of the issuer that selects and pays that credit rating agency . multiple and different views , perspectives and methodologies applied by credit rating agencies should produce more diverse credit ratings and ultimately improve the assessment of the creditworthiness of the issuers . for this diversity to play a role and to avoid complacency of both issuers and credit rating agencies , the maximum duration of the business relationship between the credit rating agency and the issuer paying must be restricted to a level guaranteeing regular fresh looks at the creditworthiness of issuers . therefore , a time period of three years would seem appropriate , also considering the need to provide certain continuity within the credit ratings . the risk of conflict of interest increases in situations where the credit rating agency frequently issues credit ratings on debt instruments of the same issuer within a short period of time . in those cases , the maximum duration of the business relationship should be shorter to guarantee similar results . hence , the business relationship should stop after a credit rating has rated ten debt instruments of the same issuer . however , in order to avoid imposing a disproportionate burden on issuers and credit rating agencies , no requirement to change credit rating agency within the first 12 months of the business relationship should be imposed . where an issuer mandates more than one credit rating agency , either because as an issuer of structured finance instruments he is obliged to do so , or on a voluntary basis , it should be sufficient that the strict rotation periods only apply to one of the credit rating agencies . however , also in this case , the business relationship between the issuer and the additional credit rating agencies should not exceed a period of six years . ### regular rotation of credit rating agencies issuing credit ratings on an issuer or its debt instruments should bring more diversity to the evaluation of the creditworthiness of the issuer that selects and pays that credit rating agency . multiple and different views , perspectives and methodologies applied by credit rating agencies should produce more diverse credit ratings and ultimately improve the assessment of the creditworthiness of the issuers . for this diversity to play a role and to avoid complacency of both issuers and credit rating agencies , shortening of the business relationship between the credit rating agency and the issuer paying should be encouraged where appropriate , provided that the accuracy of ratings would not be undermined .


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet intermediaries . in this connection , particular attention should be paid to sectors which , by their very nature , generate value which is to a large extent intangible , such as the creative and cultural sector . also , a proper representation of consumers , small and medium - sized enterprises , creators and users of cultural services and platforms , including stakeholders of the non - profit sector , should be ensured .


### member states shall identify themes for social innovation , corresponding to their specific needs in their operational programmes . ### member states shall identify areas and themes for social innovation , corresponding to their specific needs in their operational programmes , and may draw up a plan for evaluating the tests carried out and for capitalising on and disseminating the results obtained .


### the member states and the commission shall promote equal opportunities for all , including accessibility for disabled persons through mainstreaming the principle of non - discrimination , as referred to in article 7 of regulation no [ … ] , and through specific actions within the investment priorities as defined in article 3 , and in particular article 3 . such actions shall target people at risk of discrimination and people with disabilities , with a view to increasing their labour market participation , enhancing their social inclusion , reducing inequalities in terms of educational attainment and health status and facilitating the transition from institutional to community - based care . ### the member states and the commission shall promote equal opportunities for all , including accessibility for disabled persons through mainstreaming the principle of non - discrimination , as referred to in article 7 of regulation no [ . . . ] , and through specific actions within all relevant investment priorities as defined in article 3 , paying particular attention to those who face multiple discrimination . such actions shall target people at risk of discrimination and people with disabilities , with a view to increasing their labour market participation , enhancing their social inclusion , reducing inequalities in terms of educational attainment and health status and facilitating the transition from institutional to community - based care .


### for more developed regions , member states shall concentrate 80&#160 ; % of the esf allocation to each operational programme on up to four of the investment priorities set out in article 3 . ### for more developed regions , member states shall concentrate 70&#160 ; % of the esf allocation to each operational programme on up to four of the investment priorities set out in article 3 .


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people . it shall provide support , in particular , for individuals and groups excluded or at risk of being excluded from the labour market and from high - quality education and training , as well as those in a disadvantaged position or at risk of being marginalised in the labour market , such as the long - term unemployed , people with disabilities , marginalised communities and people facing social exclusion . the esf shall also provide support to workers , enterprises and entrepreneurs , as well as to systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies and initial and continuing vocational training .


### in accordance with article 10 of the treaty , the implementation of the priorities financed by the esf should contribute to combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the esf should support the fulfilment of the obligation under the un convention on the rights of persons with disabilities with regard inter alia to education , work and employment and accessibility . the esf should also promote the transition from institutional to community - based care . ### in accordance with article 10 of the treaty , the implementation of the priorities financed by the esf should contribute to combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , paying particular attention to those who face multiple discrimination . the esf should support the fulfilment of the obligation under the un convention on the rights of persons with disabilities with regard inter alia to education , work and employment and accessibility . the esf should also promote the implementation of the relevant union policies and the transition from institutional to community - based care .


### the esf should contribute to the europe 2020 strategy , ensuring greater concentration of support on the priorities of the european union . the esf should in particular increase its support for the fight against social exclusion and poverty , through a minimum ring - fenced allocation . according to the level of development of the supported regions , the choice and number of investment priorities for esf support should also be limited . ### the esf should contribute to the europe 2020 strategy , ensuring greater concentration of support on the priorities of the european union . the esf should , in particular , increase its support for the fight against social exclusion and poverty and promote greater gender equality and equal opportunities , through minimum ring - fenced allocations . according to the level of development of the supported regions , the choice and number of investment priorities for esf support should also be limited .


### enhancing access to affordable , sustainable and high - quality services , including health care and social services of general interest ; ### enhancing access to affordable , sustainable and high - quality services of general interest , including health care , social services and pre - school childcare structures from which unemployed parents may also benefit ;


### the commission shall facilitate transnational cooperation on the themes referred to in paragraph 2 through mutual learning and coordinated or joint action . in particular , the commission shall operate an eu - level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of the relevant outcomes . in addition , the commission shall develop a coordinated implementation framework , including common eligibility criteria , types and timing of actions , and common methodological approaches for monitoring and evaluation , with a view to facilitating transnational cooperation . ### the commission shall facilitate transnational cooperation through mutual learning and coordinated or joint action . in particular , the commission shall operate an eu - level platform to facilitate the construction of transnational partnerships , exchange of experience , capacity building and networking , as well as capitalisation on and dissemination of the relevant outcomes . in addition , the commission shall develop a coordinated implementation framework , including common eligibility criteria , types and timing of actions , and common methodological approaches for monitoring and evaluation , with a view to facilitating transnational cooperation .


### the commission shall facilitate transnational cooperation on the themes referred to in paragraph 2 through mutual learning and coordinated or joint action . in particular , the commission shall operate an eu - level platform to facilitate the exchange of experience , capacity building and networking , as well as dissemination of the relevant outcomes . in addition , the commission shall develop a coordinated implementation framework , including common eligibility criteria , types and timing of actions , and common methodological approaches for monitoring and evaluation , with a view to facilitating transnational cooperation . ### the commission shall facilitate transnational cooperation through mutual learning and coordinated or joint action . in particular , the commission shall operate an eu - level platform to facilitate the construction of transnational partnerships , exchange of experience , capacity building and networking , as well as capitalisation on and dissemination of the relevant outcomes .


### this investment priority is only applicable throughout the territory of the member states which have at least one nuts level 2 region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support . ### this investment priority is only applicable in member states eligible for cohesion fund support or in member states containing one or more nuts level 2 regions as defined in article 82 of regulation no [ … ] . action which , although helping to build institutional capacity and enhance the efficiency of public administration and services in such regions , is carried out throughout the territory of the member state concerned may be taken in such member states .


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people . it shall provide support , in particular , for individuals and groups excluded from the labour market , in a disadvantaged position or at risk of being marginalised in the labour market , such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion the esf shall also provide support to workers , enterprises and entrepreneurs , as well as to systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies and initial and continuing vocational training .


### this investment priority is only applicable throughout the territory of the member states which have at least one nuts level 2 region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support . ### this investment priority is only applicable in member states eligible for cohesion fund support or , in other member states , to actions which , while they may take place throughout the territory of the member state concerned , contribute to strengthening institutional capacities and the efficiency of administrations and public services eligible in one or more of its nuts level 2 regions as defined in article 82 of regulation no [ … ] ;


### the european council of 17 june 2010 called for all common policies , including cohesion policy , to support the europe 2020 strategy for smart , sustainable and inclusive growth . in order to ensure the full alignment of the esf with the objectives of this strategy , particularly as regards employment , education , and the fight against social exclusion , the esf should support member states in implementing the council recommendations on broad guidelines for economic policies of the member states and the union and the council decisions on guidelines for the employment policies of the member states adopted in accordance with articles 121 and 148 of the treaty . it should also contribute to the implementation of the flagship initiatives , with special regard to the ’agenda for new skills and jobs , ’youth on the move , and the ’european platform against poverty and social exclusion . it will also support the activities in the digital agenda and the ’innovation union initiatives . ### the european council of 17 june 2010 called for all common policies , including cohesion policy , to support the europe 2020 strategy for smart , sustainable and inclusive growth . in order to ensure the full alignment of the esf with the objectives of this strategy , particularly as regards employment , education , and the fight against social exclusion , the esf should support member states in implementing the council recommendations on broad guidelines for economic policies of the member states and the union and the council decisions on guidelines for the employment policies of the member states adopted in accordance with articles 121 and 148 of the treaty . it should also contribute to the implementation of the flagship initiatives , with special regard to the ’agenda for new skills and jobs , ’youth on the move , and the ’european platform against poverty and social exclusion . it will also support the activities in the ’digital agenda and the ’innovation union initiatives , as well as the aims set out in the women ' s charter .


### for transition regions , member states shall concentrate 70 % of the esf allocation to each operational programme on up to four of the investment priorities set out in article 3 . ### for transition regions , member states shall concentrate 60 % of the esf allocation to each operational programme on up to four of the investment priorities set out in article 3 .


### member states shall support transnational cooperation with the aim of promoting mutual learning and thereby increasing the effectiveness of policies supported by the esf . transnational cooperation shall involve partners from at least two member states . ### member states may support transnational cooperation with the aim of promoting mutual learning and thereby increasing the effectiveness of policies supported by the esf .


### enhancing access to affordable , sustainable and high - quality services , including health care and social services of general interest ; ### enhancing access to affordable , sustainable and high - quality services for social inclusion policy target groups ;


### it shall do so by supporting member states in pursuing the priorities and headline targets of the europe 2020 strategy for smart , sustainable and inclusive growth . the esf shall support the design and implementation of policies and actions , taking account of the integrated guidelines for the economic and employment policies of member states19 and the council recommendations on the national reform programmes . ### it shall do so by supporting member states , the competent regional , local , urban and other local authorities in pursuing the priorities and headline targets for smart , sustainable and inclusive growth .


### for less developed regions , member states shall concentrate 60 % of the esf allocation to each operational programme on up to four of the investment priorities set out in article 3 . ### for less developed regions , member states shall concentrate 50 % of the esf allocation to each operational programme on up to four of the investment priorities set out in article 3 .


### combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; ### combating all forms of discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ;


### complementing erdf interventions as referred to in article 7 of regulation no [ erdf ] , the esf may support sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental and social challenges affecting urban areas of cities which are listed in the partnership contract . ### complementing erdf interventions as referred to in article 7 of regulation no [ erdf ] , the esf should support sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental and social challenges affecting urban areas of cities which are listed in the partnership contract . this should include the possibility to designate cities as intermediate bodies .


### the member states and the commission shall promote equal opportunities for all , including accessibility for disabled persons through mainstreaming the principle of non - discrimination , as referred to in article 7 of regulation no [ … ] , and through specific actions within the investment priorities as defined in article 3 , and in particular article 3 . such actions shall target people at risk of discrimination and people with disabilities , with a view to increasing their labour market participation , enhancing their social inclusion , reducing inequalities in terms of educational attainment and health status and facilitating the transition from institutional to community - based care . ### the member states and the commission shall promote equal opportunities for all , including accessibility for disabled persons through mainstreaming the principle of non - discrimination , as referred to in article 7 of regulation no [ . . . ] , and through specific actions within all relevant investment priorities as defined in article 3 , paying particular attention to those who face multiple discrimination . such actions shall target people at risk of discrimination and people with disabilities , with a view to increasing their labour market participation , enhancing their social inclusion , reducing inequalities in terms of educational attainment and health status and facilitating the transition from institutional to community - based care .


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people . it shall provide support , in particular , for individuals and groups excluded or at risk of being excluded from the labour market and from high - quality education and training , as well as those in a disadvantaged position or at risk of being marginalised in the labour market , such as the long - term unemployed , people with disabilities , marginalised communities and people facing social exclusion . the esf shall also provide support to workers , enterprises and entrepreneurs , as well as to systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies and initial and continuing vocational training .


### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants . the esf should aim to promote employment and support labour mobility , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level . ### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular women , young people and other disadvantaged groups , such as migrants and people with disabilities . the esf should aim to promote employment and support labour mobility , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level .


### the involvement of the social partners and other stakeholders , in particular non - governmental organisations , in the implementation of operational programmes , as referred to in article 5 of regulation no [ &#8230 ; ] , may take the form of global grants as defined in article 113 of regulation no [ &#8230 ; ] . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it . ### the involvement of the competent regional , local , urban and other local authorities , , the social partners and other stakeholders , in particular non - governmental organisations , in the implementation of operational programmes , as referred to in article 5 of regulation no [ . . . ] , may take the form of global grants as defined in article 112 of regulation no [ . . . ] . in such a case , the operational programme shall identify the part of the programme concerned by the global grant , including an indicative financial allocation from each priority axis to it .


### member states shall identify themes for social innovation , corresponding to their specific needs in their operational programmes . ### member states shall identify areas and themes for social innovation , corresponding to their specific needs in their operational programmes , as well as a plan for evaluating the tests carried out and for capitalising on and disseminating the results obtained .


### integration of marginalised communities such as the roma ; ### integration of marginalised communities ;


### libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations are engaged in large - scale digitisation of their collections or achives in order to create european digital libraries . libraries , museums , archives , edcuational establishments , film heritage institutions and public service broadcasting organisations in the member states contribute to the preservation and dissemination of european cultural heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections . ### libraries , museums , archives , educational establishments , film heritage institutions and public service broadcasting organisations are engaged in large - scale digitisation of their collections or archives in order to create european digital libraries . libraries , museums , archives , educational establishments , film heritage institutions and public service broadcasting organisations in the member states provide the public with access to europe ' s rich and diverse cultural heritage and contribute to this heritage , which is also important for the creation of european digital libraries , such as europeana . technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries ' collections .


### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ; ### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas , the black sea and the eastern mediterranean basin , notably to enhance diversification and security of gas supply ;


### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources . ### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and / or integrate generation from renewable energy sources .


### with the objective of meeting the time limits set out in article 11 and reducing the administrative burden for the completion of projects of common interest , member states shall , within nine months from the entry into force of this regulation , take measures to streamline the environmental assessment procedures . these measures shall be without prejudice to obligations resulting from union legislation . ### with the objective of meeting the time limits set out in article 11 and reducing the administrative burden for the completion of projects of common interest , member states shall , within twelve months from the entry into force of this regulation , take measures to streamline the environmental assessment procedures . these measures shall be without prejudice to obligations resulting from union legislation .


### market surveillance authorities may charge fees which wholly or partly cover the costs of their activities , including testing carried out for the risk assessment , where they take measures in accordance with paragraph 1 . ### market surveillance authorities shall request subcontractors to directly charge the cost of their services to the economic operator concerned unless the market surveillance authority considers this measure to be disproportionate , where they take measures in accordance with paragraph 1 . market surveillance authorities may charge fees which wholly or partly cover the costs of their activities , including testing carried out for the risk assessment , and work performed .


### market surveillance authorities may destroy or otherwise render inoperable a product presenting a risk where they deem it necessary and proportionate . they may require the relevant economic operator to bear the cost of such action . ### market surveillance authorities may destroy or otherwise render inoperable a product presenting a risk where they deem it necessary and proportionate . they may require the economic operator responsible for placing that product on the market to bear the cost of such action .


### member states should lay down rules on penalties applicable to infringements of this regulation and ensure that they are implemented . those penalties must be effective , proportionate and dissuasive . ### member states should lay down rules on penalties applicable to infringements of this regulation and ensure that they are implemented . those penalties must be effective , proportionate and dissuasive and include administrative penalties harmonised union - wide . to that end it is necessary to allow for the seriousness of the infringement , company size and the situation of smes in particular , and the roles played by individual businesses within the supply chain , with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety . member states should ensure that the proceeds obtained from such administrative penalties are used for market surveillance activities .


### the penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particular to the situation of small and medium - sized enterprises . the penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements . ### the penalties referred to in the first subparagraph shall have regard to the seriousness of the infringement , the size of the undertakings and in particular to the situation of smes , and to the roles played by individual undertakings within the supply chain , with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety . the penalties may be increased if the economic operator responsible for placing on the market has previously committed a similar infringement and may include criminal sanctions for serious infringements .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards uniform conditions for the carrying out of checks by reference to particular product categories or sectors , including the scale of checks to be carried out and the adequacy of samples to be checked . implementing powers should also be conferred as regards the modalities for the provision of information to market surveillance authorities by economic operators , as regards establishing uniform conditions for determining cases in which such information need not be provided . implementing powers should also be conferred as regards the modalities and procedures for the exchange of information through rapex and as regards the adoption of temporary or permanent marketing restrictions on products presenting a serious risk , where appropriate , specifying the necessary control measures to be taken by the member states for their effective implementation where other union legislation does not provide a specific procedure to address the risks in question . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of its implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards uniform conditions for the carrying - out of checks by reference to particular product categories or sectors , including the scale of checks to be carried out and the adequacy of samples to be checked . implementing powers should also be conferred as regards the modalities for the provision of information to market surveillance authorities by economic operators , as regards establishing uniform conditions for determining cases in which such information need not be provided . economic operators should not , in any event , be called upon to supply information other than that which they are required to know by virtue of their role within the supply chain . implementing powers should also be conferred as regards the modalities and procedures for the exchange of information through rapex and as regards the adoption of temporary or permanent marketing restrictions on products presenting a serious risk , where appropriate , specifying the necessary control measures to be taken by the member states for their effective implementation where other union legislation does not provide a specific procedure to address the risks in question . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of its implementing powers .


### no later than [ five ] years after the date of application , the commission shall assess the application of this regulation and transmit an evaluation report to the european parliament and the council . that report shall assess if this regulation achieved its objectives , in particular with regard to ensuring more effective and efficient enforcement of product safety rules and union harmonisation legislation , improving cooperation between market surveillance authorities , strengthening the controls of products entering the union and better protecting the health and safety of persons in general , health and safety in the workplace , consumer protection , the environment , public security and other public interests , taking into account its impact on business and in particular on small and medium - sized enterprises . ### no later than [ five ] years after the date of application , the commission shall assess the application of this regulation and transmit an evaluation report to the european parliament and the council . that report shall assess if this regulation achieved its objectives , in particular with regard to ensuring more effective and efficient enforcement of product safety rules and union harmonisation legislation , improving cooperation between market surveillance authorities , strengthening the controls of products entering the union and better protecting the health and safety of persons in general , health and safety in the workplace , consumer protection , the environment , energy efficiency , public security and other public interests , taking into account its impact on business and in particular on small and medium - sized enterprises . in addition , that report shall explore new and innovative , market - based solutions that could effectively complement the market surveillance actions carried out by the market surveillance authorities , and shall include , but not be limited to , exploring the potential of compulsory third party auditing schemes .


### ‘ product presenting a risk’ means a product having the potential to affect adversely health and safety of persons in general , health and safety in the workplace , consumer protection , the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements ; ### ‘ product presenting a risk’ means a product which has the potential to affect adversely health and safety of persons in general , including those involved in the manufacturing process , health and safety in the workplace , workers ' rights through non - compliance with fundamental ilo conventions , consumer protection , the environment , protection of intellectual property rights and public security , including in the country where the product was produced and / or processed , as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements ;


### market surveillance authorities may charge fees on economic operators which wholly or partly cover the costs of their activities , including testing carried out for the risk assessment , where they take measures in accordance with paragraphs 1 or 4 . ### market surveillance authorities may charge fees on economic operators responsible for placing on the market which partly cover the costs of their activities , including testing carried out for the risk assessment , where they take measures in accordance with paragraphs 1 or 4 . the fees shall be calculated on the basis of the actual cost of each market surveillance activity and shall be charged to those economic operators which are responsible for placing on the market and subject to the market surveillance activities in question according to their role within the supply chain , taking into account company size and the situation of smes in particular as well as the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety . such fees may not exceed the actual costs of the market surveillance activities carried out and may fully or partially reflect the time spent by market surveillance authority personnel in carrying out the above - mentioned checks .


### regardless whether the risk assessment shows that the product in fact presents a risk , market surveillance authorities shall require the economic operator to rectify the formal non - compliance . if the economic operator fails to do so , market surveillance authorities shall ensure that the product is withdrawn or recalled . ### regardless whether the risk assessment shows that the product in fact presents a risk , market surveillance authorities shall require the economic operator responsible for placing the product on the market to rectify the formal non - compliance . if the economic operator fails to do so , market surveillance authorities shall ensure that the product is withdrawn or recalled .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling . each national plan shall identify : national cogeneration development targets for year 2020 and corresponding intermediate targets ; district heating promotion areas for which cost - benefit analysis have identified cogeneration potential ; the information set out in annex vii . the plans should be based on a comprehensive costs / benefits analysis for each of the planned investments , taking into account the existing level of heat demand and evaluating the different consumption profiles . moreover , different types of cogeneration should be considered on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks . they may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers . ### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . the costs associated to the development of district heating and cooling infrastructure shall be borne by the users connected to such infrastructure through regulated tariffs .


### mandatory fees ### fees


### not accept or receive fees , commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to customers . ### whether a fee is payable by the customer for the advice ;


### the year 2013 will be the 20th anniversary of the establishment of union citizenship by the treaty of maastricht , which entered into force on 1st november 1993 . the european year of citizens will be marked by the follow up to the eu citizenship report and of an action plan toward completing the removal of remaining obstacles standing in the way of citizens ' enjoyment of their rights as union citizens . this european year will give visibility to union citizenship and its concrete benefits for individuals , including by demonstrating the tangible impact of union policies in citizens ' lives , in particular in terms of removing obstacles to the enjoyment of their rights . ### the year 2013 will be the 20th anniversary of the establishment of union citizenship by the treaty of maastricht , which entered into force on 1 november 1993 . the european year of citizens will be marked by the follow up to the eu citizenship report and of an action plan toward completing the removal of remaining obstacles standing in the way of citizens ' enjoyment of their rights as union citizens . this european year will give visibility to union citizenship and its concrete benefits for individuals , including by demonstrating the tangible impact of union policies in citizens ' lives , in particular in terms of removing obstacles to the enjoyment of their rights and of sustaining open , transparent and regular dialogue with organised civil society , thus encouraging people to involve themselves in public life and decision making , while highlighting the core values that europe’s citizens share .


### the commission shall convene meetings of representatives of european organisations or bodies active in the field of defending citizens’ rights and stakeholders to assist the commission in implementing the european year at union level . ### the commission shall convene meetings of representatives of european civil society organisations or bodies active in the field of defending citizens’ rights and stakeholders , such as the european social partners , to assist for example the commission in implementing the european year at union level . it shall also organise seminars and events as well as media campaigns in all member states , for the better information of all citizens .


### a european year of citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement . ### a european year of citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights and duties attached to union citizenship , to identify obstacles to the effective exercise of those rights , and thus to contribute to the objective of facilitating the exercise of the right to free movement , in particular by ensuring the participation of representatives of civil society . particular efforts should be made to involve those representing young people , students , teachers , cultural workers and the media , given the broad sections of the public to which they have access .


### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ' places the individual at the heart of its activities , by establishing a citizenship of the union and by creating an area of freedom , security and justice ' . chapter v of the charter sets down ' citizens ' rights ' , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . ### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ' is founded on the indivisible and universal values of human dignity , freedom , equality and solidarity ' and ' places the individual at the heart of its activities , by establishing the citizenship of the union and by creating an area of freedom , security and justice ' . chapter v of the charter sets down ' citizens ' rights ' , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . that right should therefore , without further delay , be granted to romanian and bulgarian nationals .


### the hong kong convention provides explicitly for its parties to take more stringent measures consistent with international law , with respect to the safe and environmentally sound recycling of ships , in order to prevent , reduce or minimise any adverse effects on human health and the environment . the establishment of a european list of ship recycling facilities fulfilling the requirements set out in this regulation would contribute to that objective as well as to better enforcement by facilitating the flag states’ control of ships going for recycling . those requirements for ship recycling facilities should be based on the requirements of the hong kong convention . ### the hong kong convention provides explicitly for its parties to take more stringent measures consistent with international law , with respect to the safe and environmentally sound recycling of ships , in order to prevent , reduce or minimise any adverse effects on human health and the environment . a focus on exploiting and developing the potential for safe and sound recycling of ships in european shipyards fulfilling the requirements set out in this regulation can contribute to the above objective as well as to saving europe’s failing shipyards , including through the diversification of the activities of existing facilities .


### any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ### any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument until the end of the 2007 - 2013 programming period or considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned .


### in order to ensure effective , proportionate and dissuasive protection of the union ' s financial interests , criminal law in the member states should continue to complement the protection under administrative and civil law for the most serious types of fraud - related conduct in this field , whilst avoiding inconsistencies , both within and among these areas of law . ### in order to ensure effective , proportionate and dissuasive protection against the most serious types of fraud - related conduct , and in order to ensure that the union’s financial interests are optimally protected , measures adopted under administrative and civil law should be complemented by legislation under criminal law in the member states , whilst avoiding inconsistencies , both within and among these areas of law


### when all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , including , where relevant , specific assessments required under other union legislation , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project within three months . ### when all necessary information gathered pursuant to articles 5 , 6 and 7 has been provided to the competent authority , including , where relevant , specific assessments required under other union legislation , and the consultations referred to in articles 6 and 7 have been completed , the competent authority shall conclude its environmental impact assessment of the project within ninety days .


### existing monitoring arrangements resulting from other union legislation may be used if appropriate . ### monitoring arrangements resulting from other union legislation shall be used if appropriate .


### having examined the environmental report and the concerns and opinions expressed by the public concerned , the main reasons and considerations on which the decision is based , including information about the public participation process ; ### having examined the environmental report , the comments and opinions expressed by the public concerned and the outcome of the consultations of that public and of the authorities referred to in article 6 , the main reasons and considerations on which the decision is based ;


### unless the parties have agreed otherwise , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , within a maximum of thirty days from the day of the conclusion of the contract . ### the parties shall agree on the time period within which the trader is required to deliver the goods to the consumer or to a third party , other than the carrier and indicated by the consumer .


### the lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained . ### the lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained ; he shall also have the right to request that what he says be recorded in writing .


### before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 8 , and and article 10 and , as applicable . ### before making a product available on the market , distributors shall verify that the product bears the markings set out in articles 8 , and 10 and is accompanied with the elements set out in articles 8 and 10 .