### the competent authorities of the member states concerned shall inform the applicant of the fees payable under article 79 and shall reject the application if the applicant fails to pay the fees within 30 days . they shall inform the applicant and the other competent authorities accordingly . upon receipt of the fees payable under article 79 , the competent authority of the member states concerned shall accept the application and inform the applicant indicating the date of acceptance . ### the competent authorities of the member states concerned shall inform the applicant of the fees payable under article 79 and shall reject the application if the applicant fails to pay the fees within 60 days . they shall inform the applicant and the other competent authorities accordingly . upon receipt of the fees payable under article 79 , the competent authority of the member states concerned shall accept the application and inform the applicant indicating the date of acceptance .


### the procedure shall be closed after all the member states concerned have agreed on the summary of biocidal product characteristics and recorded their agreement in the register for biocidal products . ### the procedure referred to in the second subparagraph shall be closed after all the member states concerned have agreed on the summary of biocidal product characteristics included in the national authorisation granted by the reference member state and recorded their agreement in the register for biocidal products .


### within 30 days of closure of the procedure , each of the member states concerned shall authorise the biocidal product in conformity with the agreed summary of biocidal product characteristics . ### within 30 days of closure of the procedure referred to in paragraph 3 member states concerned shall authorise the biocidal product in conformity with the agreed summary of biocidal product characteristics .


### within 30 days of closure of the procedure , the reference member state and each of the member states concerned shall authorise the biocidal product in conformity with the agreed summary of biocidal product characteristics . ### within 30 days of closure of the procedure , each of the remaining member states concerned shall authorise the biocidal product in conformity with the agreed summary of biocidal product characteristics .


### on receipt of the opinion of the agency , the commission shall adopt , by means of implementing acts , a decision on the union authorisation of the biocidal product . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 . as soon as the commission has taken a decision to grant a union authorisation , it shall enter the information referred to in article 29 in the register for biocidal products . ### on receipt of the opinion of the agency , the commission shall adopt a decision on the union authorisation of the biocidal product in accordance with the examination procedure referred to in article 81 .


### on receipt of the opinion of the agency , the commission shall adopt a decision to renew , or to refuse to renew , the union authorisation in accordance with the examination procedure referred to in article 81 . as soon as the commission has taken a decision , it shall update the information referred to in article 29 in the register for biocidal products . ### on receipt of the opinion of the agency , the commission shall adopt a decision to renew , or to refuse to renew , the union authorisation in accordance with the examination procedure referred to in article 81 .


### the conditions referred to in article 18 are not satisfied ; ### the requirements referred to in article 18 , or , where relevant , in article 24 , are not satisfied ;


### an authorisation holder seeking to change any of the information submitted in relation to the initial application for authorisation of the product shall apply to the competent authorities of relevant member states having authorised the biocidal product concerned , or in the case of a union authorisation , the agency . those competent authorities shall decide , or , in the case of a union authorisation , the agency shall examine and the commission decide whether the conditions of article 18 are still met and whether the terms and conditions of the authorisation need to be amended . the application shall be accompanied by the fees payable under article 79 . ### an authorisation holder seeking to change any of the information submitted in relation to the initial application for authorisation of the product shall apply to the competent authorities of relevant member states having authorised the biocidal product concerned , or in the case of a union authorisation , the agency . those competent authorities shall decide , or , in the case of a union authorisation , the agency shall examine and the commission decide whether the conditions of article 18 , or , where relevant , article 24 , are still met and whether the terms and conditions of the authorisation need to be amended . the application shall be accompanied by the fees payable under article 79 and 79 .


### in order to ensure a harmonised approach to the cancellation and amendment of authorisations , the commission shall lay down rules for the application of articles 46 to 49 by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 . ### in order to ensure a harmonised approach to the cancellation and amendment of authorisations , the commission shall lay down rules for the application of articles 46 to 49 , including a dispute settlement mechanism , by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 .


### in order to ensure a harmonised approach to the cancellation and amendment of authorisations , the commission shall lay down detailed rules for the application of articles 46 to 49 by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 . ### in order to ensure a harmonised approach to the cancellation and amendment of authorisations , the commission shall adopt delegated acts in accordance with article 82 laying down detailed rules for the application of articles 46 to 49 .


### the commission may draw up technical guidance notes to facilitate the implementation of this article . ### the agency may draw up technical guidance notes to facilitate the implementation of this article .


### any person intending to carry out an experiment or test that may involve , or result in , release of the biocidal product into the environment shall first notify the relevant competent authority of the member state where the experiment or test will occur . the notification shall include the information listed in the second subparagraph of paragraph 1 . ### any person intending to carry out an experiment or test that may involve , or result in , release of the biocidal product into the environment shall first notify the relevant competent authority of the member state where the experiment or test will occur . the notification shall include the identity of the biocidal product or active substance , labelling data and quantities supplied . the person concerned shall also compile a dossier containing all available data on possible effects on human or animal health or impact on the environment . they shall make this information available to the competent authorities on request .


### where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates , is intended or expected under normal or reasonably foreseeable conditions of use , the person responsible for the placing on the market of that treated article shall ensure that the label provides the following information : a statement that the treated article incorporates biocidal products ; where substantiated , the biocidal property attributed to the treated article ; without prejudice to article 24 of regulation no 1272 / 2008 , the name of all active substances contained in the biocidal products ; any relevant instructions for use , including any precautions to be taken because of the biocidal products with which a treated article was treated or which it incorporates . where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates , is not intended or expected under normal or reasonably foreseeable conditions of use , the person responsible for the placing on the market of the treated article shall ensure that the label provides the following information : a statement that the treated article was treated with biocidal products ; and the address of a website containing the name of all active substances used for the treatment , without prejudice to article 24 of regulation no 1272 / 2008 . the label of such a treated article shall not lay claim to any biocidal property . the labelling shall be clearly visible , easily legible and appropriately durable . where necessary because of the size or the function of the treated article , the labelling shall be printed on the packaging , on the instructions for use or on the warranty . ### where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates , is intended or expected under normal or reasonably foreseeable conditions of use , the person responsible for the placing on the market of that treated article shall ensure that the label provides the following information : the words ' treated with biocidal products ' , followed by the name , using wherever possible common nomenclature , of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials and , where relevant , of all active substances which are intended to be released under normal or foreseeable conditions of use from the treated article or material , unless at least equivalent labelling requirements or alternative means to meet information requirements already exist under sector - specific legislation , the names of all nanomaterials being followed by the word ' nano ' in brackets ; the biocidal property attributed to the treated articles or materials , if the biocidal product contained therein will come into direct contact with people and the environment ; any hazard statement or precautionary statement set out in the authorisation for the biocidal product if the biocidal product is intended to be released under normal or reasonably foreseeable conditions of use . the labelling shall be clearly visible , easily legible , appropriately durable and printed on the article or material , on the packaging , on the instructions for use or on the warranty of the treated article or material in the national language or languages of the member state on whose market the treated article or material is to be placed . in the case of treated goods which are not produced as part of a series , but rather designed and manufactured to meet a specific order , the manufacturer may agree other methods of providing the customer with the relevant information . this paragraph shall apply unless such labelling requirements already exist under other union legislation .


### data protected under directive 98 / 8 / ec or under this article or for which the protection period expired under directive 98 / 8 / ec or under this article shall not be protected again . ### data protected under this article for which the protection period expired under this article shall not be protected again .


### shall , in the case of data involving tests on vertebrate animals , request from the data owner the right to refer to those tests or studies ; and may , in the case of data not involving tests on vertebrate animals , request from the data owner the right to refer to those tests or studies . ### shall , in the case of data involving tests on vertebrate animals ; and may , in the case of data not involving tests on vertebrate animals , request from the data owner , all the scientific and technical data related to the tests and studies concerned as well as the right to refer to these data when submitting applications within the framework of this regulation .


### any person intending to perform tests or studies involving vertebrate animals or non - vertebrate animals shall ask the agency whether such tests or studies have already been submitted in connection with a previous application under this regulation or directive 98 / 8 / ec . the competent authority or the agency shall verify whether such tests or studies have already been submitted . where such tests or studies have already been submitted in connection with a previous application , under this regulation or directive 98 / 8 / ec , the competent authority or the agency shall , without delay , communicate the name and contact details of the data owner to the prospective applicant . where the data acquired under those tests or studies are still protected under article 59 , the prospective applicant : shall , in the case of data involving tests on vertebrate animals , request from the data owner the right to refer to those tests or studies ; and may , in the case of data not involving tests on vertebrate animals , request from the data owner the right to refer to those tests or studies . ### any person intending to perform tests or studies involving vertebrate animals or non - vertebrate animals , , shall submit a written request to the agency to determine whether such tests or studies have already been submitted to the agency , or to a competent authority in connection with a previous application under this regulation or directive 98 / 8 / ec . the request shall be accompanied by fees in accordance with article 79 . if the applicant fails to pay the fees , the agency shall not consider the request . the agency shall verify whether such tests or studies have already been submitted . where such tests or studies have already been submitted to the agency , or to a competent authority in connection with a previous application , under this regulation or directive 98 / 8 / ec , the agency shall , without delay , communicate the name and contact details of the data submitter to the prospective applicant . the data submitter shall where relevant , facilitate contacts between the prospective applicant and the data owner where the data acquired under those tests or studies are still protected under article 59 , the prospective applicant : shall , in the case of data involving tests on vertebrate animals ; and may , in the case of data not involving tests on vertebrate animals , request from the data owner all the scientific and technical data related to the tests and studies concerned as well as the right to refer to these data when submitting applications within the framework of the present regulation .


### in order to facilitate such enforcement , manufacturers of biocidal products placed on the union market shall maintain a suitable system of quality control of the manufacturing process without causing disproportionate administrative burden to economic operators and member states . ### in order to facilitate such enforcement , manufacturers of biocidal products placed on the union market shall maintain a suitable system of quality control of the manufacturing process . to that end they shall establish and maintain , as a minimum , appropriate documentation in paper or electronic format with respect to : the input of the ingredients to be added to the biocidal product to include specifications , manufacturing formulae and safety data sheets which are relevant to compliance and the safety of the biocidal product to be placed on the market ; the various manufacturing operations performed which are relevant to compliance and safety of the biocidal product to be placed on the market and allow its traceability ; and c ) data concerning the results of the quality control and batch identification . a member state does not need to undertake a system of official controls where a company holds an internationally recognised quality assurance certificate that includes an audit to verify , as a minimum , that all of the above elements have been maintained . where necessary in order to ensure uniform application of this paragraph , the commission may adopt implementing acts in accordance with the procedure referred to in article 81 ' .


### the following information held by the agency or the commission on active substances shall be made publicly and easily available free of charge : ### the following information held by the agency or , as appropriate , the commission on active substances shall be made , free of charge , publicly available in a single database , in a structured format on at least the relevant website of the commission :


### applicants shall use the register for biocidal products to generate and submit the application form for all procedures relating to the approval of active substances and the authorisation of biocidal products , mutual recognition , the granting of parallel trade permits and the renewal , the cancellation and amendment of authorisations . once the relevant competent authority has validated an application in accordance with article 7 , 28 or 42 , or accepted an application in accordance with article 13 , 19 or 44 , it shall be made available via the register for biocidal products to all other competent authorities and to the agency . 4 . competent authorities shall update the information in the register for biocidal products relating to biocidal products which have been authorised within their territory or for which a national authorisation has been refused , amended , renewed or cancelled . the commission shall update the information relating to biocidal products which have been authorised in the union or for which a union authorisation has been refused , amended , renewed or cancelled . ### applicants shall use the register for biocidal products to generate application forms and to submit applications and data for all procedures covered by this regulation . 4 . the competent authorities and the commission shall use the register for biocidal products to record and communicate the decisions they have taken in relation to the authorisations of biocidal products and shall update the information in the register at the time such decisions are taken . the competent authorities shall in particular update the information in the register for biocidal products relating to biocidal products which have been authorised within their territory ; for which a national authorisation has been refused , amended , renewed or cancelled , or for which a parallel trade permit has been granted , refused or cancelled . the commission shall , in particular , update the information relating to biocidal products which have been authorised in the union or for which a union authorisation has been refused , amended , renewed or cancelled . the information to be introduced into the registry shall include , as appropriate : the terms and conditions of the authorisations ; the summary of the biocidal product characteristics referred to in article 21 ; the assessment report of the biocidal product ; the methods of analysis referred to in article 18 . the information referred to in this paragraph shall also be made available to the applicant through the register for biocidal products .


### the fees payable to the agency shall be set at such a level as to ensure that the revenue derived from the fees , when combined with other sources of the agency ' s revenue pursuant to this regulation , is sufficient to cover the cost of the services delivered . ### the fees payable shall be set at such a level as to ensure that the revenue derived from the fees , when combined with other sources of the agency ' s and competent authorities’ revenue pursuant to this regulation , is sufficient to cover the cost of the services delivered . the fees payable shall be published by the agency .


### the commission shall adopt , on the basis of the principles set out in paragraph&#160 ; 3 , an implementing regulation&#160 ; specifying : the fees payable to the agency , including an annual fee ; the rules defining conditions for reduced fees , fee waivers and the reimbursement of the member of the biocidal products committee who acts as a rapporteur ; and payment conditions . that implementing regulation shall be adopted in accordance with the examination procedure referred to in article 81 . it shall apply only with respect to fees paid to the agency . the agency may collect charges for other services it provides . the fees payable to the agency shall be set at such a level as to ensure that the revenue derived from the fees , when combined with other sources of the agency ' s revenue pursuant to this regulation , is sufficient to cover the cost of the services delivered . member states shall directly charge applicants fees for services that they provide with respect to the procedures under this regulation , including the services undertaken by member states ' competent authorities when acting as evaluating competent authority . based on the principles set out in paragraph 3 , the commission may issue guidance concerning a harmonised structure of fees . member states may levy annual fees with respect to biocidal products made available on their markets . member states may collect charges for other services they provide . member states shall set and publish the amount of fees payable to their competent authorities . both the implementing regulation referred to in paragraph 1 and member states ' own rules concerning fees shall respect the following principles : fees shall be set at such a level as to ensure that the revenue derived from the fees is , in principle , sufficient to cover the cost of the services delivered and shall not exceed what is necessary to cover those costs ; partial reimbursement of the fee if the applicant fails to submit the information requested within the specified time limit ; the specific needs of smes shall be taken into account , as appropriate ; the structure and amount of fees shall take into account whether information has been submitted jointly or separately ; in duly justified circumstances , and where it is accepted by the agency or the competent authority , the whole fee or a part of it may be waived ; and and as regards member states ' rules only , the deadlines for the payment of fees to competent authorities shall be fixed taking due account of the deadlines of the procedures provided for in this regulation . ### the commission shall adopt , on the basis of the principles set out in paragraph&#160 ; 3 , delegated acts pursuant to article 82 specifying : the fees payable to the agency , including an annual fee ; the rules defining conditions for reduced fees , fee waivers and the reimbursement of the member of the biocidal products committee who acts as a rapporteur ; and payment conditions . these delegated acts shall apply only with respect to fees paid to the agency . the fees payable to the agency shall be set at such a level as to ensure that the revenue derived from the fees , when combined with other sources of the agency ' s revenue pursuant to this regulation , is sufficient to cover the cost of the services delivered . member states shall directly charge applicants fees for services that they provide with respect to the procedures under this regulation , including the services undertaken by member states ' competent authorities when acting as evaluating competent authority . based on the principles set out in paragraph 3 , the commission shall issue guidance concerning a harmonised structure of fees . member states shall set and publish the amount of fees payable to their competent authorities . both the delegated acts referred to in paragraph 1 and member states ' own rules concerning fees shall respect the following principles : fees shall be set at such a level as to ensure that the revenue derived from the fees is , in principle , sufficient to cover the cost of the services delivered and shall not exceed what is necessary to cover those costs ; partial reimbursement of the fee if the applicant fails to submit the information requested within the specified time limit ; the specific needs of smes shall be taken into account ; the structure and amount of fees shall take into account whether information has been submitted jointly or separately ; in duly justified circumstances , and where it is accepted by the agency or the competent authority , the whole fee or a part of it may be waived ; and and as regards member states ' rules only , the deadlines for the payment of fees to competent authorities shall be fixed taking due account of the deadlines of the procedures provided for in this regulation .


### in order to facilitate a smooth transition from directive 98 / 8 / ec to this regulation , during the work programme the commission shall adopt either implementing regulations providing that an active substance is approved , and under which conditions , or , in cases where the requirements of article 4 or , where applicable , 5 , are not satisfied or where the requisite information and data have not been submitted within the prescribed period , implementing decisions stating that an active substance is not approved . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 . regulations approving an active substance shall specify the date of approval . article 9 shall apply . ### the commission shall adopt , by means of delegated acts in accordance with article 82 , decisions on the inclusion of an active substance in annex - i . in cases where the requirements of article 4 or , where applicable , 5 , are not satisfied or where the requisite information and data have not been submitted within the prescribed period , the active substance shall not be included in annex - i .


### to that effect , those wishing to apply for the authorisation or mutual recognition in parallel of biocidal products of that product - type containing no active substances other than existing active substances shall submit applications for authorisation or mutual recognition in parallel to member states ' competent authorities no later than the date of approval of the active substance . in the case of biocidal products containing more than one active substance , applications for authorisation shall be submitted no later than the date of approval of the last active substance for that product - type . ### to that effect , those wishing to apply for the authorisation or mutual recognition in parallel of biocidal products of that product - type containing no active substances other than approved existing active substances shall submit applications for authorisation or mutual recognition in parallel to member states ' competent authorities no later than the date of approval of the active substance . in the case of biocidal products containing more than one active substance , applications for authorisation shall be submitted no later than the date of approval of the last active substance for that product - type .


### the biocidal product shall no longer be made available on the market with effect from 180 days after the date of approval of the active substance ; and ### the biocidal product shall no longer be made available on the market with effect from the date of approval of the active substance ; and


### this regulation shall apply to biocidal products referred to in paragraph 1 from the date of the expiry of the authorisation or its cancellation . ### this regulation , with the exception of chapter iv thereof , shall apply to biocidal products referred to in paragraph 1 from 1 january 2013 . chapter iv of this regulation shall apply to biocidal products referred to in paragraph 1 from the date of expiry or cancellation of the authorisation .


### for the purposes of this paragraph and for existing active substances listed in annex ii to regulation no 1451 / 2007 , the provisions on mandatory data sharing , as laid down in articles 61 and 62 of this regulation , shall apply to all toxicological and ecotoxicological studies included in the dossier . the relevant person shall be required to apply for data sharing only for those data that it does not already possess . ### for the purposes of this paragraph and for existing active substances listed in annex ii to regulation no . 1451 / 2007 , the provisions on data sharing , as laid down in articles 61 , 62 , and 63 shall apply to all studies included in the dossier . the relevant person shall be required to apply for data sharing only for those data that it does not already possess and that involves tests on vertebrate animals only .


### as of …* , biocidal products containing an active substance , for which no relevant person is included in the list referred to in paragraph 2 , shall not be made available on the market . ### as of …* , a biocidal product shall not be placed on the market if the manufacturer or importer of the active substance contained in the product , or where relevant , the importer of the biocidal product is not included in the list referred to in paragraph 2 .


### the study / ies do not generally need to be conducted if : – the substance is classified as corrosive to the skin . ### the study / ies do not generally need to be conducted if : – the substance is classified as corrosive or severely irritating to the skin . if studies are nevertheless carried out concentrations that are corrosive or severely irritating to the skin shall not be used .


### repeated dose toxicity toxicity is observed in the acute dermal toxicity test at lower doses than in the oral toxicity test ; ### repeated dose toxicity toxicity is observed in an acute dermal toxicity test at lower doses than in the oral toxicity test ;


### 10 . 1 . pre - natal developmental toxicity study , preferred species is rabbit ; oral route of administration is the preferred route . the study shall be initially performed on one species . a decision on the need to perform additional studies on a second species or mechanistic studies should be based on the outcome of the first test and all other relevant available data . ### 10 . 1 . pre - natal developmental toxicity study , preferred species is rabbit ; oral route of administration is the preferred route . the study shall be initially performed on one species .


### 10 . 3 . further pre - natal developmental toxicity study , preferred species is rat , oral route of administration . ### 10 . 3 . further pre - natal developmental toxicity study . a decision on the need to perform additional studies on a second species or mechanistic studies should be based on the outcome of the first test and all other relevant available data . preferred species is rat , oral route of administration .


### 13 . 2 . neurotoxicity , including developmental neurotoxicity ### 13 . 2 . neurotoxicity


### 13 . 4 . immunotoxicity including developmental immunotoxicity ### 13 . 4 . immunotoxicity


### 1 . 11 . amphibian metamorphosis assay - ads ### delete


### 5 . 4 . for biocidal products that are intended to be authorised for use with other biocidal products , consideration should be given totesting combinations of the products for acute dermal toxicity and skin and eye irritation . ### 5 . 4 . for biocidal products that are intended to be authorised for use with other biocidal products , the risks to human health and the environment arising from the use of these product combinations shall be assessed . in some cases , for example where there is no valid data available of the kind set out in column 3 , this may require a limited number of acute toxicity studies to be carried out using combinations of the products .


### supplementary studies for combinations of biocidal products for biocidal products that are intended to be authorised for use with other biocidal products , the mixture of products , where possible , shall be tested for acute dermal toxicity and skin and eye irritation , as appropriate . ### supplementary studies for combinations of biocidal products for biocidal products that are intended to be authorised for use with other biocidal products , the risks to humans and the environment arising from the use of these product combinations shall be assessed . in some cases , for example where there is no valid data available of the kind set out in column 3 , this may require a limited number of acute toxicity studies to be carried using combinations of the products .


### 7 . available toxicological data relating to : - co - formulants of concern ) , or - a mixture that a substance of concern is a component of if no data is available , then the appropriate test described in annex ii , shall be carried out for the co - formulants of concern ) or a mixture that a substance of concern is a component of ### 7 . available toxicological data relating to : – co - formulants of concern ) , or – a mixture that a substance of concern is a component of . if insufficient data are available for a coformulant and cannot be inferred through read - across or other accepted non - testing approaches , targeted acute test described in annex ii , shall be carried out for the substance of concern or a mixture that a substance of concern is a component of .


### 7 . available toxicological data relating to : – co - formulants of concern ) , or – a mixture that a substance of concern is a component of – if no data is available , then the appropriate test described in annex ii , shall be carried out for the co - formulants of concern ) or a mixture that a substance of concern is a component of . ### 7 . available toxicological data relating to : – co - formulants of concern ) , or – a mixture that a substance of concern is a component of . if insufficient data are available for a co - formulant and cannot be inferred through read - across or other accepted non - testing approaches , targeted acute test described in annex ii , shall be carried out for the substance of concern or a mixture that a substance of concern is a component of .


### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality as regards employment , remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers to another member state temporarily to carry out the work necessary to provide these services there . ### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality as regards employment , remuneration , dismissal , tax and social advantages , and other working conditions by ensuring their equal treatment in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers to another member state temporarily to carry out the work necessary to provide these services there .


### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality as regards employment , remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers to another member state temporarily to carry out the work necessary to provide these services there . ### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality as regards employment , dismissal , remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers to another member state temporarily to carry out the work necessary to provide these services there .


### however , the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed . ### however , the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality and , with regard to frontier workers , from discrimination based on residence , when moving across european union borders of the member states . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed .


### in the 2010 eu citizenship report ' dismantling the obstacles to eu citizens rights ' of 27 october 2010 , the commission identified the divergent and incorrect application of union law on the right to free movement as one of the main obstacles that union citizens are confronted with in the effective exercise of their rights under union law . accordingly , the commission announced its intention to take action to ' facilitate free movement of eu citizens and their third - country national family members by enforcing eu rules strictly , including on non - discrimination , by promoting good practices and increased knowledge or eu rules on the ground and by stepping up the dissemination of information to eu citizens about their free movement rights ' . ### in the 2010 eu citizenship report ' dismantling the obstacles to eu citizens rights ' of 27 october 2010 , the commission identified the divergent and incorrect application of union law on the right to free movement as one of the main obstacles that union citizens are confronted with in the effective exercise of their rights under union law . non - recognition of qualifications from other member states is also an obstacle . accordingly , the commission announced its intention to take action to ' facilitate free movement of eu citizens and their third - country national family members by enforcing eu rules strictly , including on non - discrimination , by promoting good practices and increased knowledge or eu rules on the ground and by stepping up the dissemination of information to eu citizens about their free movement rights ' and relevant provisions from other legislation , such as regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems .


### adequate and effective application and enforcement are key elements in protecting the rights of workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . ### adequate , effective application of the current european legislation and enforcement measures are key elements in protecting the rights of workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . to this end , the union should act in a well - balanced manner , avoiding the potential legislative loopholes . the legislation should respond to the rights and responsibilities of both employer and employee .


### the application and monitoring of the union rules on free movement should be improved to ensure workers are better informed about their rights , to assist and to protect them in the exercise of those rights , and to combat circumvention of these rules by public authorities and public or private employers . ### the application and monitoring of the union rules on the free movement of workers should be improved to ensure that they are better informed about their rights , to assist and to protect them in the exercise of those rights , and to combat circumvention of these rules by public authorities and public or private employers .


### in this context , workers who have been subject to discrimination on the grounds of nationality , or to any unjustified restriction in exercising their right to free movement , should have adequate and effective means of legal protection and redress . when member states only provide for administrative procedures they shall ensure that any administrative decision may be challenged before a tribunal in the sense of article 47 of the charter . ### in this context , eu workers who have been subject to discrimination on the grounds of nationality , or to any unjustified restriction in exercising their right to free movement , must be granted with adequate and effective means of legal protection and redress . when member states only provide for administrative procedures they shall ensure that any administrative decision may be challenged before a tribunal in the sense of article 47 of the charter .


### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defense before the courts . ### to provide more effective levels of protection , associations and legal entities that can represent the legal interests of workers should also be empowered to engage , in accordance to the member states’ legislation , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defence before the courts .


### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defense before the courts . ### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defence before the courts . member states should be encouraged to implement the commission’s recommendation c3539 of 11 june 2013 on common principles for injunctive and compensatory collective redress mechanisms in the member states concerning violations of rights granted under union law and to facilitate the operation of its mechanism to protect workers efficiently .


### protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of organisations in each member state with competence to promote equal treatment , to analyse the problems involved in citizen ' s cases , to study possible solutions and to provide specific assistance to union workers exercising their right to free movement . ### protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of independent and effective organisations in each member state with competence to promote equal treatment , to analyse the problems involved in citizen ' s cases , to study possible solutions and to provide specific assistance to eu workers exercising their right to free movement .


### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended . ### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who , because they are legally resident in the union , consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended .


### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended . ### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers , including frontier workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended .


### paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights . these time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by union law . ### paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights . these time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by union law . in a contrary case , appropriate sanctions should be applicable


### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , either on behalf of or in support of the worker and members of his / her family , with his / her approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 . ### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law and practices , a legitimate interest in ensuring that the provisions of this directive are complied with , have the right to engage , either on behalf of or in support of the worker and members of his / her family , with his / her approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 tfeu and articles 1 to 10 of regulation no 492 / 2011 .


### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . ### member states shall designate one or more bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer .


### member states shall ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services at union level , such as your europe , solvit , eures , enterprise europe network and the points of single contact . ### member states shall ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services at national level via contact points and at union level , via inter alia your europe , solvit , eures , enterprise europe network , the points of single contact and the european network of national contact points .


### member states shall ensure that the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no&#160 ; 492 / 2011 , are brought to the attention of the persons concerned by all appropriate means throughout their territory . ### member states shall in future ensure that the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no&#160 ; 492 / 2011 , are brought personally to the attention of the persons concerned throughout their territory . this shall take the form of the dissemination of the relevant information in the most sustainable manner possible , and in such a way as to reach as many people as possible , via the eures network and with the involvement of the social partners . in terms of content , form and dissemination method , the information shall be tailored to the target groups and thus be understandable , readily accessible and comprehensive .


### member states shall provide clear , easily accessible , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers . . this information should also be easily accessible through your europe and eures . ### member states shall provide clear , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers , redress procedure and contact points , in a user friendly manner and easily accessible formats , also to persons with disabilities . this information should be available via a single national official website and other suitable means such as leaflets and also easily accessible through your europe and eures .


### member states shall provide clear , easily accessible , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers . this information should also be easily accessible through your europe and eures . ### member states shall , through national contact points , provide clear , easily accessible , comprehensive , up - to - date and multilingual information on the rights conferred by the union law on free movement of workers and on available means of legal protection and redress . member states are also encouraged to set up multilingual websites providing information on the free movement of workers . while selecting the languages to be made available , the member states should focus above all on the largest nationality groups among mobile workers in a given country . this information should also be easily accessible through your europe and eures .


### no later than two years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this directive , with a view to proposing where appropriate , the necessary amendments . ### no later than two years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this directive , and where appropriate , propose any amendments it deems to be necessary .


### commission delegated regulation no 305 / 2013 of 26 november 2012 supplementing directive 2010 / 40 / eu of the european parliament and of the council with regard to the harmonised provision for an interoperable eu - wide ecall21 establishes the specifications for upgrading the public safety answering point infrastructure required for the proper receipt and handling of ecalls , in order to ensure the compatibility , interoperability and continuity of the harmonised eu - wide ecall service . __________________ 21 oj l 91 , 3 . 4 . 2013 , p . 1 . ### commission delegated regulation no 305 / 2013 of 26 november 2012 supplementing directive 2010 / 40 / eu of the european parliament and of the council with regard to the harmonised provision for an interoperable eu - wide ecall21 establishes the specifications for upgrading the public safety answering point infrastructure required for the proper receipt and handling of ecalls , in order to ensure the compatibility , interoperability and continuity of the harmonised eu - wide ecall service and requires the member states by 23 october 2013 to report on the state of implementation , including a schedule of deployment during the ensuing two years ; __________________ 21 oj l 91 , 3 . 4 . 2013 , p . 1 .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , simplifying access for small and medium - sized enterprises to public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating and encouraging in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals , without prejudice to the latter autonomy of decision on what to procure and to buy . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### even if they do not necessarily lead to corrupt conduct , actual , potential or perceived conflicts of interest have a high potential to improperly influence public procurement decisions with the effect of distorting competition and jeopardising equal treatment of tenderers . effective mechanisms should therefore be set up to prevent , identify and remedy conflicts of interest . ### even if they do not necessarily lead to corrupt conduct , actual , potential or perceived conflicts of interest have a high potential to improperly influence public procurement decisions with the effect of distorting competition , jeopardising equal treatment of tenderers and delaying the implementation of public procurement procedures . effective mechanisms should therefore be set up to prevent , identify and remedy conflicts of interest and eliminate obstacles to the implementation thereof .


### illicit conduct by participants in a procurement procedure , such as attempts to unduly influence the decision - making process or to enter into agreements with other candidates to manipulate the outcome of the procedure , can result in violations of the basic principles of union law and in serious distortions of competition . economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false . ### illicit conduct by participants in a procurement procedure , such as attempts to unduly influence the decision - making process or to enter into agreements with other candidates to manipulate the outcome of the procedure , can result in violations of the basic principles of union law and in serious distortions of competition . economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded from both this and subsequent procurement procedures within the eu if this declaration proves to be false .


### joint awarding of public contracts by contracting authorities from different member states currently encounters specific legal difficulties , with special reference to conflicts of national laws . despite the fact that directive 2004 / 18 / ec implicitly allowed for cross - border joint public procurement , in practice several national legal systems have explicitly or implicitly rendered cross - border joint procurement legally uncertain or impossible . contracting authorities from different member states may be interested in cooperating and in jointly awarding public contracts in order to derive maximum benefit from the potential of the internal market in terms of economies of scale and risk - benefit sharing , not least for innovative projects involving a greater amount of risk than reasonably bearable by a single contracting authority . therefore new rules on cross - border joint procurement designating the applicable law should be established in order to facilitate cooperation between contracting authorities across the single market . in addition , contracting authorities from different member states may set up joint legal bodies established under national or union law . specific rules should be established for such form of joint procurement . ### joint awarding of public contracts by contracting authorities from different member states currently encounters specific legal difficulties , with special reference to conflicts of national laws . despite the fact that directive 2004 / 18 / ec implicitly allowed for cross - border joint public procurement , in practice several national legal systems have explicitly or implicitly rendered cross - border joint procurement legally uncertain or impossible . contracting authorities from different member states may be interested in cooperating and in jointly awarding public contracts in order to derive maximum benefit from the potential of the internal market in terms of economies of scale and risk - benefit sharing , not least for innovative projects involving a greater amount of risk than reasonably bearable by a single contracting authority . therefore new rules on cross - border joint procurement designating the applicable law should be established in order to facilitate cooperation between contracting authorities across the single market . in addition , contracting authorities from different member states may set up joint legal bodies established under national or union law . specific rules should be established for such form of joint procurement . similarly , for the purposes of cross - border public procurement , it is essential to clarify the aspects relating to intellectual property law .


### in order to foster the involvement of small and medium - sized enterprises in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### in order to foster the involvement of small and medium - sized enterprises in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , implement measures to encourage sme participation and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer .


### many economic operators , and not least smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . further simplification can be achieved through standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden . ### many economic operators , and not least smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . it is necessary to introduce standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden .


### many economic operators , and not least smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . further simplification can be achieved through standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden . ### many economic operators , and especially smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce an excessive number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . further simplification can be achieved through standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden .


### the evaluation has shown that member states do not consistently and systematically monitor the implementation and functioning of public procurement rules . this has a negative impact on the correct implementation of provisions stemming from these directives , which is a major source of cost and uncertainty . several member states have appointed a national central body dealing with public procurement issues , but the tasks entrusted to such bodies vary considerably across member states . clearer , more consistent and authoritative monitoring and control mechanisms would increase knowledge of the functioning of procurement rules , improve legal certainty for businesses and contracting authorities , and contribute to establishing a level playing field . such mechanisms could serve as tools for the detection and early resolution of problems , especially with regard to projects cofunded by the union , and for the identification of structural deficiencies . there is in particular a strong need to coordinate these mechanisms to ensure consistent application , control and monitoring of public procurement policy , as well as systematic assessment of the outcomes of procurement policy across the union . ### the evaluation has shown that member states do not promote and do not consistently and systematically monitor the implementation and functioning of public procurement rules . this has a negative impact on the correct implementation of provisions stemming from these directives , which is a major source of cost and uncertainty . several member states have appointed a national central body dealing with public procurement issues , but the tasks entrusted to such bodies vary considerably across member states . clearer , more consistent and authoritative information , monitoring and control mechanisms would increase knowledge of the functioning of procurement rules , improve legal certainty for businesses and contracting authorities , and contribute to establishing a level playing field . such mechanisms could serve as tools for the prevention , detection and early resolution of problems , especially with regard to projects cofunded by the union , and for the identification of structural deficiencies . there is in particular a strong need to coordinate these mechanisms to ensure consistent application , control and monitoring of public procurement policy , as well as systematic assessment of the outcomes of procurement policy across the union .


### member states should designate a single national authority in charge of monitoring , implementation and control of public procurement . such a central body should have first - hand and timely information , particularly in relation to different problems affecting the implementation of public procurement law . it should be able to provide immediate feedback on the functioning of the policy and the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions . in view of efficiently fighting corruption and fraud , this central body and the general public should also have the possibility to inspect the texts of concluded contracts . high - value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents , to the extent that legitimate public or private interests are not jeopardized . ### member states should designate a single national authority in charge of monitoring , implementation and control of public procurement . such a central body should have first - hand and timely information , particularly in relation to different problems affecting the implementation of public procurement law and should recommend procedures to be followed if tenders for public procurement contracts are contested . it should be able to provide immediate feedback on the functioning of the policy and the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions . in view of efficiently fighting corruption and fraud , this central body and the general public should also have the possibility to inspect the texts of concluded contracts . high - value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents , to the extent that legitimate public or private interests are not jeopardized .


### not all contracting authorities may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting authorities ; on the other hand , business , not least smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis . ### certain contracting authorities , particularly at regional level , do not have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting authorities ; on the other hand , business , not least smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis .


### not all contracting authorities may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting authorities ; on the other hand , business , not least smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis . ### not all contracting authorities have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support constitutes an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting authorities ; on the other hand , business , and in particular smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis .


### ‘ public service contracts’ means public contracts having as their object the provision of services other than those referred to in point ; ### ‘ public service contracts’ means public contracts having as their object the provision of services other than those referred to in point ; these include ' knowledge - based ' or intellectual services , i . e . services which do not necessarily produce the same results , as their essence lies in providing a solution to a task by performing intellectual work . for services of this type it may be possible to provide a description of the goal or the task , depending on the type of service , nevertheless providing in advance an unambiguous and complete service description is not possible .


### eur 200 000 for public supply and service contracts awarded by sub - central contracting authorities and design contests organised by such authorities . ### eur 500 000 for public supply and service contracts awarded by sub - central contracting authorities and design contests organised by such authorities .


### every two years from 30 june 2014 , the commission shall verify that the thresholds set out in points , and of article 4 correspond to the thresholds established in the government procurement agreement and shall , where necessary , revise them . ### every two years from 30 june 2014 , the commission shall verify that the thresholds set out in points , and of article 4 correspond to the thresholds established in the government procurement agreement and shall , where necessary and after consulting the member states on the application of the thresholds to certain sectors and types of contacts , revise them .


### when carrying out the revision pursuant to paragraph 1 of this article , the commission shall , in addition , revise : ### when carrying out the revision pursuant to paragraph 1 of this article , and after consulting the member states , the commission shall , in addition , revise :


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , financial services necessary for implementation of the financial engineering instruments as defined in article 44 of council regulation no . 1083 / 2006 , central bank services and operations conducted with the european financial stability facility ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### the activities in their entirety of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority or with respect to the provision of services of general interest ;


### principles of procurement ### purpose and principles of procurement


### however , in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations , legal persons may be required to indicate , in the tender or the request to participate , the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question . ### however , in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations , legal persons may be required to indicate , in the tender or the request to participate , relevant professional qualification levels of the staff to be responsible for the performance of the contract in question .


### member states may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes , provided that more than 30% of the employees of those workshops , economic operators or programmes are disabled or disadvantaged workers . ### member states may reserve the right to participate in public procurement procedures to : sheltered workshops , or provide for such contracts to be performed in the context of sheltered employment programmes , provided that the majority of the employees concerned are disabled persons who , by reason of the nature of the seriousness of their disabilities , cannot carry on occupations under normal conditions or easily find employment on the ordinary market ; b ) social enterprises or programmes whose main aim is the social and professional integration of disadvantaged workers , provided that more than 30% of the employees of those enterprises or programmes are disabled or disadvantaged workers . the call for competition shall make reference to this provision .


### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in articles 48 and 53 of this directive , the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential , including , but not limited to , technical or trade secrets and the confidential aspects of tenders . ### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in articles 48 and 53 of this directive , the contracting authority shall not disclose any information forwarded to it by economic operators either they have designated it as confidential or not , including , but not limited to , technical or trade secrets and the confidential aspects of tenders , unless it is absolutely necessary for the purpose of this directive or of the applicable national law .


### this obligation shall not apply where the use of electronic means would require specialised tools or file formats that are not generally available in all the member states within the meaning of paragraph 3 . it is the responsibility of the contracting authorities using other means of communication for submission of tenders to demonstrate in the procurement documents that the use of electronic means , due to the particular nature of the information to be exchanged with the economic operators , would require specialised tools or file formats that are not generally available in all the member states . ### this obligation shall not apply where the use of electronic means would require specialised tools or file formats that are not generally available in all the member states within the meaning of paragraph 3 .


### the minimum time limit for the receipt of tenders shall be 40 days from the date on which the contract notice was sent . ### the minimum time limit for the receipt of tenders shall be 52 days from the date on which the contract notice was sent .


### the minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice or , where a prior information notice is used as a means of calling for competition , the invitation to confirm interest is sent . ### the minimum time limit for receipt of requests to participate shall be 37 days from the date on which the contract notice or , where a prior information notice is used as a means of calling for competition , the invitation to confirm interest is sent .


### the minimum time limit for the receipt of tenders shall be 35 days from the date on which the invitation to tender is sent . ### the minimum time limit for the receipt of tenders shall be 40 days from the date on which the invitation to tender is sent .


### where contracting authorities have published a prior information notice which is not used as a means of calling for competition , the minimum time limit for the receipt of tenders as laid down in the second subparagraph of paragraph 2 of this article may be shortened to 15 days , provided that all of the following conditions are fulfilled : ### where contracting authorities have published a prior information notice which is not used as a means of calling for competition , the minimum time limit for the receipt of tenders as laid down in the second subparagraph of paragraph 2 of this article may , as a general rule , be shortened to 36 days but under no circumstances to less then 22 days , provided that all of the following conditions are fulfilled :


### it was sent for publication between 45 days and 12 months before the date on which the contract notice was sent . ### it was sent for publication between 52 days and 12 months before the date on which the contract notice was sent .


### contracting authorities shall negotiate with tenderers the tenders submitted by them to improve the content of the offers in order to better correspond to the award criteria and minimum requirements referred to in the second subparagraph of paragraph 1 . ### contracting authorities shall negotiate with the tenders the content of the tender , subject to the minimum requirements referred to in the second subparagraph of paragraph 1 .


### contracting authorities shall not reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the dialogue without its agreement . such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific solutions or other specific confidential information . ### contracting authorities shall behave with utmost good faith and shall not reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the dialogue without its agreement , which cannot be imposed as a condition for participating in the competitive dialogue procedure .


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


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### a framework agreement shall not exceed the term put in place by national provisions of the individual member states .


### contracting authorities may use electronic auctions , in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented . ### contracting authorities may use electronic auctions , in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented . certain service contracts and certain works contracts having as their subject - matter intellectual performances , such as the design of works , may not be the objects of electronic auctions .


### in the absence of an agreement determining the applicable public procurement law , the national legislation governing the contract award shall be determined following the rules set out below : ### in the absence of an agreement determining the applicable public procurement law under paragraph 3 , the national legislation governing the contract award shall be determined following the rules set out below :


### such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders . the candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment . ### such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders . the candidate or tenderer concerned shall only be excluded from the procedure where the contracting authority proves that there are no other means to ensure compliance with the duty to observe the principle of equal treatment .


### the technical specifications shall also specify whether the transfer of intellectual property rights will be required . ### the technical specifications shall also specify whether the transfer of intellectual property rights will be required and if so , the conditions of remuneration for the acquisition of such rights ;


### contracting authorities may make known their intentions of planned procurements through the publication of a prior information notice as soon as possible after the beginning of the budgetary year . those notices shall contain the information set out in annex vi part b section i . they shall be published either by the commission or by the contracting authorities on their buyer profiles in accordance with point 2 of annex ix . where the notice is published by the contracting authorities on their buyer profile , they shall send a notice of the publication on their buyer profile in accordance with point 3 of annex ix . ### contracting authorities shall make known their intentions of planned procurements through the publication of a prior information notice as soon as possible after the beginning of the budgetary year . those notices shall contain the information set out in annex vi part b section i . they shall be published either by the commission or by the contracting authorities on their buyer profiles in accordance with point 2 of annex ix . where the notice is published by the contracting authorities on their buyer profile , they shall send a notice of the publication on their buyer profile in accordance with point 3 of annex ix .


### for restricted and competitive procedures with negotiation , sub - central contracting authorities may use a prior information notice as a call for competition pursuant to article 24 , provided that the notice fulfils all of the following conditions : ### for restricted and competitive procedures with negotiation , sub - central contracting authorities shall use a prior information notice as a call for competition pursuant to article 24 , provided that the notice fulfils all of the following conditions :


### a contracting authority may exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled : ### a contracting authority shall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled :


### at the latest 2 years after the date provided for in article 92 , the passport shall be provided exclusively in electronic form . ### at the latest 2 years after the date provided for in article 92 , the passport shall be provided exclusively in electronic form , unless there are technical reasons which justifiedly do not allow contracting authorities to comply with that deadline .


### in restricted procedures , competitive procedures with negotiation , competitive dialogue procedures and innovation partnerships , contracting authorities may limit the number of candidates meeting the selection criteria that they will invite to tender or to conduct a dialogue , provided a sufficient number of qualified candidates is available . ### in restricted procedures , competitive procedures with negotiation , competitive dialogue procedures and innovation partnerships , contracting authorities may limit the number of candidates meeting the selection criteria that they will invite to tender or to conduct a dialogue , provided the minimum number , according to paragraph 2 of qualified candidates is available .


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental and social characteristics , contributing to sustainable growth and employment , and innovative character ;


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations , transfer of capital or assets , insolvency or on the basis of a contractual clause , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive .


### 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 universal access , quality , continuity , accessibility , affordability , availability , safety 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 .


### providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases ; ### providing general and specific legal advice and practical guidance to contracting authorities on the interpretation and on the application of public procurement rules and principles ;


### establishing and applying comprehensive , actionable ‘ red flag’ indicator systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest and other serious irregularities ; ### establishing and applying comprehensive , actionable ‘ red flag’ indicator systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest or any irregularities ;


### for every contract or framework agreement , and every time a dynamic purchasing system is established , contracting authorities shall draw up a written report which shall include at least the following : ### for every procurement above threshold , be it a contract or framework agreement , and every time a dynamic purchasing system is established , contracting authorities shall draw up a written report which shall include at least the following :


### with a view to improving access to public procurement for economic operators , in particular smes , and in order to facilitate correct understanding of the provisions of this directive , member states shall ensure that appropriate assistance can be obtained , including by electronic means or using existing networks dedicated to business assistance . ### with a view to improving access to public procurement for economic operators , in particular smes , and in order to facilitate correct understanding of the provisions of this directive , the commission and the member states shall ensure that appropriate and timely information and assistance can be obtained , including by electronic means or using existing networks dedicated to business assistance .