### this directive applies from the time a person is made aware by the competent authorities of a member state , by official notification or otherwise , that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings , which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence , including , where applicable , sentencing and the resolution of any appeal . ### this directive applies in cases where a person is made aware by the competent authorities of a member state , by official notification or otherwise , that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings , which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence , including , where applicable , sentencing and the resolution of any appeal .


### member states shall ensure that suspects and accused persons are granted access to a lawyer as soon as possible and in any event : ### if and to the extent that suspects or accused persons request access to a lawyer , member states shall ensure that they can have such access as soon as possible and in any event :


### the lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained . ### the lawyer shall have the right to refer the request of the suspect or accused person to check the conditions of his detention to the competent national authority .


### many of the union ' s competitiveness problems involve smes ' difficulties in getting access to finance because they struggle to demonstrate their credit - worthiness and have difficulties in gaining access to risk capital . this has a negative effect on the level and quality of the new enterprises created and on the growth of enterprises . the added value for the union of the proposed financial instruments lies inter alia in strengthening the single market for venture capital and in developing a pan - european sme finance market . the union ' s actions should be complementary to the member states ' use of financial instruments for smes . the entities entrusted with the implementation of the actions should ensure additionality and avoid double financing through eu resources . ### many of the union ' s competitiveness problems involve smes ' difficulties in getting access to finance because they struggle to demonstrate their credit - worthiness and have difficulties in gaining access to risk capital . this has a negative effect on the level and quality of the new enterprises created and on the growth of enterprises . the added value for the union of the proposed financial instruments lies inter alia in strengthening the single market for venture capital and in developing a simplified and more transparent pan - european sme finance market . the union ' s actions should be complementary to the member states ' use of financial instruments for smes . the entities entrusted with the implementation of the actions should ensure additionality and avoid double financing through eu resources .


### the enterprise europe network has proven its added value for european smes as a one - stop - shop for business support by helping enterprises to improve their competitiveness and explore business opportunities in the single market and beyond . the streamlining of methodologies and working methods and provisions of a european dimension to business support services can only be achieved at union level . in particular , the network has helped smes to find cooperation or technology transfer partners , get advice on sources of financing , and on intellectual property and on eco - innovation and sustainable production . it has also obtained feedback on union legislation and standards . its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross - border transactions . ### the enterprise europe network has proven its added value for european smes as a one - stop - shop for business support services by helping enterprises to improve their competitiveness and explore business opportunities in the single market and in third countries . the streamlining of methodologies and working methods and provisions of a european dimension to business support services can only be achieved at union level . in particular , the network has helped smes to find cooperation or technology transfer partners , also in foreign countries , get advice on sources of financing , and on intellectual property and on eco - innovation and sustainable production . it has also obtained feedback on union legislation and standards . its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross - border transactions . the network has also successfully encouraged the participation of smes in eu funding programmes such as fp7 .


### global competition , demographic changes , resource constraints and emerging social trends generate challenges and opportunities for some sectors . for example , design - based sectors facing global challenges and characterised by a high proportion of smes need to adapt to reap the benefits and harness the untapped potential of high demand for personalised , inclusive products . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary . ### global competition , demographic changes , resource constraints and emerging social trends generate challenges and opportunities for many sectors facing global challenges and characterised by a high proportion of smes . for example , design - based sectors need to adapt in order to benefit from the untapped potential of high demand for personalised , inclusive products . design - based consumer goods represent an important economic sector in the union and its enterprises contribute substantially to growth and jobs . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary in order to create additional growth .


### as outlined in the commission communication of 30 june 2010 , entitled ' europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe ' , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector substantially contribute to the union ' s gross domestic product and job creation and have significant potential for the development of entrepreneurial activity , since it is run mainly by smes . the lisbon treaty acknowledges the importance of tourism outlining the union specific competences in this field which complement the actions of member states . there is clear added value for the tourism initiative at union level , especially in providing data and analysis , in developing transnational promotion strategies and in exchanging best practices . ### as outlined in the commission communication of 30 june 2010 , entitled ' europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe ' , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector make a substantial contribution amounting to over 5% of the union ' s gross domestic product , a figure ensuring steady growth . the sector also contributes to entrepreneurial activity capable of generating growth and employment in the union , since it is run mainly by smes , contributing also to growth and to economic and social integration , primarily in rural , mountain , coastal , island and remote and outlying areas or areas in the process of convergence .


### as outlined in the commission communication of 30 june 2010 , entitled ‘ europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe’18 , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector substantially contribute to the union ' s gross domestic product and job creation and have significant potential for the development of entrepreneurial activity , since it is run mainly by smes . the lisbon treaty acknowledges the importance of tourism outlining the union specific competences in this field which complement the actions of member states . there is clear added value for the tourism initiative at union level , especially in providing data and analysis , in developing transnational promotion strategies and in exchanging best practices . ### as outlined in the commission communication of 30 june 2010 , entitled ' europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe ' , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector contribute substantially with 10% of the union ' s gross domestic product and with 12 % of total employment , making it the third most important socio - economic activity in the union , and have significant potential for the development of entrepreneurial activity , since it is run mainly by smes .


### strengthening the competitiveness and sustainability of the union’s enterprises including in the tourism sector ; ### strengthening the competitiveness and sustainability of the union’s enterprises , especially smes , including in the tourism sector , given that the large majority of tourist companies are small and medium - sized enterprises ;


### the commission may support initiatives accelerating the emergence of competitive industries based on cross - sectoral activities in areas characterised by a high proportion of smes and with a high contribution to the union ' s gdp . such initiatives shall stimulate development of new markets and the supply of goods and services based on the most competitive business models or on modified value - chains . they shall include initiatives to enhance productivity , resource efficiency , sustainability and corporate social responsibility . ### the commission shall support initiatives accelerating the emergence of competitive industries . such initiatives shall stimulate development of new markets and the supply of goods and services based on the most competitive business models , improved products and processes , flexible organisational structures or modified value - chains . they shall include initiatives to enhance productivity , sustainability , in particular resource and energy efficiency , and corporate social responsibility . the activities shall encourage the adoption of new business models as well as the commercial use of relevant ideas for new products and services .


### specific measures shall aim to facilitate smes access to markets outside the union , and to strengthening existing support services in those markets . smes may receive support through the programme as regards standards and intellectual property rights in priority third countries . ### specific measures shall aim to facilitate smes access to markets outside the union , and to strengthening existing support services in those markets . smes shall receive support through the programme , in particular by providing information on market entry obstacles and business opportunities and by improving support services as regards standards and intellectual property rights in priority third countries .


### by 2018 at the latest , the commission shall establish an evaluation report on the achievement of the objectives of all the actions supported under the programme at the level of results and impacts , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation report shall also address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor measures ; ### by 2018 at the latest , the commission shall establish an evaluation report , which shall be published every three years , on the achievement of the objectives of all the actions supported under the programme at the level of results and impacts , especially on job creation and economic growth ; the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation report shall also address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor measures ;


### the financial instruments for growth - oriented smes may , where appropriate , be combined with other financial instruments established by member states and their managing authorities in accordance with [ article 33 of regulation no xxx / 201x [ new regulation on structural funds ] ] , and grants funded from the union , including under this regulation . ### the financial instruments for growth - and international market - oriented smes may , where appropriate , be combined with other financial instruments and specific support programmes established by member states and their managing authorities in accordance with [ article 33 of regulation no xxx / 201x [ new regulation on structural funds ] ] , and grants funded from the union , including under this regulation .


### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . ### the commission must seek the most efficient use of available resources and ensure best value for money by using financial instruments with leverage effect , but without compromising the just and fair use of the union ' s resources . such effect may be increased by the use and re - use of funds invested and generated by financial instruments . cooperation with public financial institutions in accessing union funds shall aim to ensure union visibility and support to union policies and standards , maximising the pooling of financial resources in favour of union policy objectives and ensuring that the use of union funds always complies with the best practices and rules as stipulated in the financial regulation and the common implementing regulation .


### the union aims to establish an area of prosperity and good neighbourliness involving the european union and the countries and territories listed in the annex to this regulation by developing a special relationship . ### this regulation establishes a european neighbourhood instrument with a view to supporting the achievement of the union ' s aim of establishing an area of democracy , stability , prosperity and good neighbourliness involving the european union and the countries and territories listed in the annex to this regulation by developing a special relationship founded on the values of the union .


### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans . ### support under this regulation shall promote enhanced political cooperation and progressive economic integration and shall strengthen partnership with societies between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans or equivalent documents .


### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans . ### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , declarations by multilateral and parliamentary summits under the eastern and the southern dimensions of the european neighbourhood policy , and jointly agreed action plans .


### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans . ### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements , deep and comprehensive free trade agreements or other existing and future agreements , and jointly agreed action plans .


### confidence building and other measures contributing to security and the prevention and settlement of conflicts ; ### confidence building and other measures contributing to security and the prevention and settlement of conflicts , and supporting steps to secure greater sub - regional integration , in particular by building on existing structures and initiatives ;


### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation . ### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant documents such as summit declarations or conclusions of ministerial or interparliamentary meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation .


### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation . ### the partnership and cooperation agreements , the association agreements deep and comprehensive free trade agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation .


### in implementing this regulation , coherence shall be ensured with other areas of the union external action as well as other relevant union policies . to this end , measures financed under this regulation , including those managed by the european investment bank , shall be based on the cooperation policy documents described in article 3 and as well as on the union ' s specific interests , policy priorities and strategies . such measures shall respect the commitments under multilateral agreements and international conventions to which the union and partner countries are parties . ### in implementing this regulation , coherence shall be ensured with all areas of the union external action as well as other relevant union policies . to this end , measures financed under this regulation , including those managed by the european investment bank , shall be based on the cooperation policy documents described in article 3 and as w ell as on the union ' s specific interests , policy priorities and strategies . such measures shall respect the commitments under multilateral agreements and international conventions to which the union and partner countries are parties .


### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption . ### in the event of crises or threats to democracy , the rule of law , human and minority rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption .


### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption . ### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the strategic programming documents may be conducted . such emergency review may lead to the adoption of revised strategic programming documents in accordance with the procedure referred to in article 14a .


### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption . ### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , of serious and repeated breaches of world trade organisation rules or eu trade agreements or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption .


### which are likely , under reasonably foreseeable conditions , to be used by consumers even if not directly intended for them ; ### which are likely , under reasonably foreseeable conditions , to be used by consumers even if not directly intended for them ; products are not likely to be used by consumers if they are intended , under reasonably foreseeable conditions , for the exclusive use by professionals and explicitly labelled and presented as such ;


### this regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such . ### this regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such nor to second hand products originally placed on the market before the entry into force of this regulation .


### ' safe product ' means any product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ; ### ' safe product ' means any authentic product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ;


### ' safe product ' means any product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ; ### safe product ' means any product which is compliant with union harmonisation legislation for health and safety . in the case of absence of such legislation it means any products which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of the use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ;


### the characteristics of the product , including its composition , packaging , instructions for assembly and , where applicable , for installation and maintenance ; ### the characteristics of the product , including its authenticity , composition , packaging , instructions for assembly and , where applicable , for installation and maintenance ;


### the categories of consumers at risk when using the product , in particular vulnerable consumers ; ### the characteristics of consumers at risk when using the product ;


### for the purpose of determination of the country of origin within the meaning of paragraph 1 , non - preferential origin rules set out in articles 23 to 25 of council regulation no 2913 / 92 establishing a community customs code shall apply . ### for the purpose of determination of the country of origin within the meaning of paragraph 1 , non - preferential origin rules set out in articles 52 to 55 , including delegated acts to be adopted pursuant to article 55 , of regulation no . xxxx / 13 establishing a customs code of the union shall apply .


### manufacturers shall keep , for a period of ten years after the product has been placed on the market , the technical documentation and make it available to the market surveillance authorities , upon request . ### manufacturers shall keep , for a period of ten years after the product has last been placed on the market , the technical documentation and make it available to the market surveillance authorities , upon request .


### manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information . ### manufacturers shall ensure that their product is accompanied by instructions and safety information addressed to the consumer in a clear and comprehensible manner and in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information .


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately warn consumers of their potential risks of the product ' s non - conformity and provide advice on which precautions to take , and inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken and of the results of such corrective action .


### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . they also shall undertake appropriate actions to warn consumers about the danger this product may represent to them . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken , and of the results of such corrective action .


### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . they shall ensure that any additional label does not obscure any information on the label provided by the manufacturer . ### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or on its packaging or in a document accompanying the product . they shall not obscure any compulsory information or safety - related information provided by the manufacturer .


### proportionate to the possible risks presented by a product , importers shall , to protect the health and safety of persons , carry out sample testing of marketed products , investigate complaints , and keep a register of complaints , of non - conforming products and of product recalls , and shall keep the manufacturer and distributors informed of such monitoring . ### proportionate to the possible risks presented by a product , importers shall , to protect the health and safety of persons , carry out representative sample testing of randomly picked marketed products , investigate complaints , and keep a register of complaints , of non - conforming products and of product recalls , and shall keep the manufacturer and distributors informed of such monitoring .


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


### before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 8 , and and article 10 and , as applicable . ### before making a product available on the market distributors shall check with the requisite care that the manufacturer and the importer have complied with the requirements set out in article 8 , and and article 10 and , as applicable .


### before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 8 , and and article 10 and , as applicable . ### before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 8 , and and article 10 and , as applicable . distributors shall not obscure compulsory information or safety - related information provided by the manufacturer or the importer .


### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall immediately make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken and of the results of such corrective action .


### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability . ### for certain products , categories or groups of products and particularly those which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability .


### the common market organisation shall apply to the fishery and aquaculture products listed in annex i to this regulation , which are marketed in the union . ### the common market organisation shall apply to the fishery and aquaculture products listed in annex i to this regulation , which are produced or marketed in the union .


### promotion of responsible and sustainable aquaculture , notably in terms of environment protection , animal health and animal welfare ; ### promotion of responsible and sustainable aquaculture , notably in terms of environment protection , animal health and animal welfare , including through the provision of training to member undertakings ;


### an association of fishery or aquaculture producer organisations may be established as a group set up on the own initiative of producer organisations recognised in one or more member states . ### an association of fishery or aquaculture producer organisations may be established as a group set up on the own initiative of producer organisations recognised in one or more member states or on the initiative of a trade association operating in a member state .


### in the case of fishery products caught at sea , the name of one of the areas , subareas or divisions listed in the fao fishing areas ; ### in the case of fishery products caught at sea , both the name and distinctive number of one of the areas , subareas or divisions listed in the fao fishing areas ;


### 4 . the tractor manufacturer shall provide the approval authority with any information connected with the implementation of the flexibility scheme that the approval authority may request necessary to make a decision . ### 4 . the tractor manufacturer shall provide the approval authority with any necessary information connected with the implementation of the flexibility scheme that the approval authority may request necessary to make a decision .


### 5 . the tractor manufacturer shall file a report every six months to the approval authorities of each member state , where the tractor or engine is put on the market , on the implementation of the flexibility schemes he is using . the report shall include cumulative data on the number of engines and tractors placed on the market under the flexibility scheme , engine and tractor serial numbers , and the member states where the tractor has been entered into service . this procedure shall be continued as long as a flexibility scheme is still in progress . ### 5 . the tractor manufacturer shall file a report every six months to the approval authorities of each member state , where the tractor or engine is put on the market , on the implementation of the flexibility schemes he is using . the report shall include cumulative data on the number of engines and tractors placed on the market under the flexibility scheme , engine and tractor serial numbers , and the member states where the tractor has been entered into service . this procedure shall be continued as long as a flexibility scheme is still in progress without any exceptions .


### application of directive 93 / 7 / eec has shown the limitations of the arrangements for securing the return of objects classified as national treasures which have been unlawfully removed from the territory of a member state and discovered in the territory of another member state . ### the objective of directive 93 / 7 / eec was to ensure the physical return of the cultural objects to the member state from whose territory these objects have been unlawfully removed irrespective of the property rights to such objects . the application of that directive has shown the limitations of the arrangements for securing the return of objects classified as national treasures which have been unlawfully removed from the territory of a member state and discovered in the territory of another member state . the national reports on the application of that directive have pointed to its infrequent application due in particular to the limitation of its scope , the short period of time allowed to initiate return proceedings and the costs associated with return proceedings .


### regulation of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers ### regulation of the european parliament and of the council laying down the rules and general principles concerning the commission’s exercise of implementing powers in accordance with article 291 of the treaty on the functioning of the european union


### the treaty on the functioning of the european union now requires the european parliament and the council to lay down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### the treaty on the functioning of the european union now requires the european parliament and the council to lay down the rules and general principles concerning the commission ' s exercise of implementing powers .


### it is necessary to ensure that procedures for such control are clear , effective and proportionate to the nature of the implementing acts and that they reflect the institutional requirements of the treaty as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec . ### it is necessary to ensure that procedures for control are clear , effective and proportionate to the nature of the implementing acts and that they reflect the institutional requirements of the treaty , the equal footing of the european parliament and the council with regard to all acts adopted under the ordinary legislative procedure as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec .


### criteria should be laid down to determine the procedure to be used for the adoption of implementing acts . in order to achieve greater consistency and in order to ensure that procedural requirements are proportionate to the nature of the implementing acts to be adopted , those criteria should be binding . ### without prejudice to the procedure to be used for the adoption of implementing acts , which is determined in the basic act , the examination procedure should in principle be used for the adoption of general implementing measures , where uniform conditions are needed .


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the examination procedure should provide for the control in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires uniform conditions of implementation and provides that the adoption of implementing acts by the commission be subject to the control of member states .


### the examination procedure may only apply for the adoption of : implementing measures of general scope ; other implementing measures relating to : common agricultural and common fisheries policies ; ii ) environment , security and safety or protection of the health or safety of humans , animals or plants ; iii ) common commercial policy . ### the examination procedure shall in principle apply for the adoption of general implementing measures , where uniform conditions are needed .


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament , the council and the member states shall have equal access to the information referred to in paragraph 1 . to that end , the european parliament and the council shall receive , at the same time as the members of the committees and on the same terms , all the information referred to in paragraph 1 .


### the union intervention enhances prevention , preparedness and response capacity of member states to face major disasters minimising human and material loss . the objective of this decision cannot be sufficiently achieved by member states operating alone and can be better achieved at union level by reason of the scale or effects of the proposed action . ### the union intervention enhances prevention , preparedness and response capacity of member states to face major disasters minimising human and material loss . the objective of this decision can only partially be achieved by member states operating alone and so , by reason of the scale or effects of the proposed action , in order for them to be sufficiently achieved there is a need for the union to contribute while respecting the subsidiarity principle .


### progress towards the achievement of the specific objectives set out in paragraph 1 shall be assessed through indicators that cover inter alia : ### progress towards the achievement of the specific objectives set out in paragraph 1 shall be assessed through indicators , examining where appropriate whether these indicators are suitable for measuring the achievement of the specialist objectives ; the indicators shall cover inter alia :


### in order to ensure an effective cooperation within the mechanism , members states shall communicate to the commission their risk management plans . ### in order to ensure an effective cooperation within the mechanism , members states shall communicate to the commission , for information purposes , their risk management plans , while ensuring maximum protection of classified information and data .


### the commission shall define quality requirements for the capacities to be committed to the european emergency response capacity . member states shall be responsible for ensuring their quality . ### the commission , in cooperation with the member states , shall define quality requirements for the capacities to be committed to the european emergency response capacity . member states shall be responsible for ensuring their quality .


### the capacities registered in the european emergency response capacity shall be available for emergency response operations under the mechanism at the request of the commission through the erc . member states shall inform the commission as soon as possible of any compelling reasons that prevent them from making these capacities available in a specific emergency . ### the capacities registered in the european emergency response capacity shall be available for emergency response operations under the mechanism at the request of the commission through the erc . member states shall inform the commission as soon as possible of any compelling reasons that prevent them from making these capacities available in a specific emergency . the report will be accompanied by recommendations to individual member states not doing enough to meet union guidelines .


### the commission shall monitor progress towards the capacity goals and , in cooperation with member states , identify gaps in the european emergency response capacity . ### the commission shall monitor progress towards the capacity goals and , in cooperation with member states participating in the voluntary pool referred to in article 11 , identify gaps in the european emergency response capacity .


### the commission shall support member states in addressing the capacity gaps and in filling these gaps in the most appropriate and cost - effective way , including by : ### the commission shall support member states participating in the voluntary pool referred to in article 11 in addressing the capacity gaps and in filling these gaps in the most appropriate and cost - effective way , including by :


### any capacities developed according to this article shall be controlled and managed by interested member states . the commission shall develop templates for agreements between the commission and member states involved . the member states managing the capacities shall be responsible for their registration in accordance with national procedures . ### any capacities developed according to this article shall be controlled and managed by interested member states . the commission shall develop templates for agreements between the commission and member states involved . it is necessary that the member states should also be involved in developing these templates . the member states managing the capacities shall be responsible for their registration in accordance with national procedures .


### these capacities shall be a part of the european emergency response capacity . they shall be available for emergency response operations under the mechanism at the request of the commission through the erc . when not in use under the mechanism , these capacities shall be available for the national purposes of member states managing them . ### these capacities shall be a part of the voluntary pool of the european emergency response capacity . they shall be available for emergency response operations under the mechanism at the request of the commission through the erc . when not in use under the mechanism , these capacities shall be available for the national purposes of member states managing them .


### member states and the commission shall ensure appropriate visibility for the capacities developed in accordance with this article . ### member states and the commission shall ensure appropriate visibility for the capacities developed in accordance with this article , both at union and at member state level .


### member states and the commission shall ensure appropriate visibility for the capacities developed in accordance with this article . ### member states and the commission shall ensure appropriate visibility for the voluntary capacities developed in accordance with this article .


### the commission shall inform the european parliament and the council every two years on the progress made on the achievement of capacity goals and remaining gaps in the european emergency response capacity . ### the commission shall inform the european parliament and the council every two years on the progress made on the achievement of voluntary capacity goals and remaining gaps in the voluntary pool of the european emergency response capacity .


### modalities on supporting member states in developing response capacities that are otherwise not , or not in sufficient quantities , available from the european emergency response capacity ; ### modalities on supporting member states in developing voluntary response capacities that are otherwise not , or not in sufficient quantities , available from the voluntary pool of the european emergency response capacity ;


### modalities on the management and maintenance of the capacities mentioned under points and ; ### modalities on the management and maintenance of the voluntary capacities of the member states mentioned under points and ;


### developing guidance on union and international civil protection training , including training on prevention , preparedness and response ; ### developing guidance on union and international civil protection training , taking advantage of member states’ past experiences , including training on prevention , preparedness and response ;


### liaising with the affected third country on technical details , such as the precise needs for assistance , the acceptance of offers and the practical arrangements for the local reception and distribution of assistance ; ### liaising with the affected third country and the member states on technical details , such as the precise needs for assistance , the acceptance of offers and the practical arrangements for the local reception and distribution of assistance ;


### without prejudice to the commission ' s role , as defined in paragraph 2 , and respecting the imperative for an immediate operational response through the mechanism , upon activation the commission shall inform the european external action service to allow for consistency between the civil protection operation and the overall union relations with the affected country . ### without prejudice to the commission ' s role , as defined in paragraph 2 , and respecting the imperative for an immediate operational response through the mechanism , upon activation the commission shall inform the european external action service to allow for consistency between the civil protection operation and the overall union relations with the affected country , subject to agreement between the eeas and the commission concerning the need for intervention .


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under articles 9 , 10 , and 11 of the treaty on the functioning of the european union , environmental protection requirements and the concepts underlying ' socially sustainable ' production processes must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development and , throughout the supply chain , protecting health and public safety and ensuring compliance with social standards and national and european labour laws . this directive clarifies how the contracting authorities contribute to the protection of the environment and the promotion of sustainable development and use the discretionary power assigned to them to select the technical specifications and award criteria most likely to achieve socially sustainable public procurement whilst establishing the necessary relation to the subject matter of the contract and ensuring that they can obtain the best value for money .


### council decision 94 / 800 / ec of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations 25 , approved in particular the world trade organisation agreement on government procurement , hereinafter referred to as the ‘ agreement’ . the aim of the agreement is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade . for contracts covered by the agreement , as well as by other relevant international agreements by which the union is bound , contracting entities fulfil the obligations under those agreements by applying this directive to economic operators of third countries that are signatories to the agreements . ### council decision 94 / 800 / ec of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations , approved in particular the world trade organisation agreement on government procurement , hereinafter referred to as the ' agreement ' . the aim of the agreement is to establish multilateral framework of balanced rights and obligations relating to public contracts , member states should endeavour to place union and third country businesses on an equal footing on the single market with a view to facilitating the integration of small and medium - sized enterprises and stimulating employment and innovation within the union . for contracts covered by the agreement , as well as by other relevant international agreements by which the union is bound , contracting authorities fulfil the obligations imposed by those various agreements by applying this directive to economic operators of third countries that are signatories to the agreements .


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person such as certain social , health and educational services . those services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for contracts for those services , with a higher threshold of eur 1 000 000 . in the particular context of procurement in those sectors , services to the person with values below this threshold will typically not be of interest to providers from other member states unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of those services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting entities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or contracting entities remain free to provide those services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting entity , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person such as certain social , health and educational services . those services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . for a better quality of those services in contracts , a specific regime should be established with a higher threshold of eur 1 000 000 . in the particular context of procurement in those sectors , services to the person with values below this threshold will typically not be of interest to providers from other member states unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of those services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the essential role and wide discretion of national , regional and local authorities in providing , commissioning and organising services of general interest is also in line with protocol on services of general interest , article 14 of the treaty on the functioning of the european union and article 36 of the charter of fundamental rights . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting entities apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or contracting entities remain free to provide those services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting entity , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination .


### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures . ### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . it is necessary that they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures .


### the technical specifications drawn up by purchasers need to allow public procurement to be opened up to competition . to that end , it should be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety must be considered by the contracting entities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by purchasers need to allow public procurement to be opened up to competition . to that end , it should be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted and applied in conformity with the principles of transparency , non - discrimination and equality of opportunity to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety must be considered by the contracting entities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits .


### contracting entities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that those requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors and environmental organisations can participate , and that the label is accessible and available to all interested parties . ### contracting entities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that those requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors , social organisations and environmental organisations can participate , and that the label is accessible and available to all interested parties .


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons , health and safety at work rules or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


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


### where contracting entities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . the determination of those criteria depends on the subject - matter of the contract , since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting entity and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified . ### where contracting entities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money , economic and social sustainability . the determination of those criteria depends on the subject - matter of the contract , since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting entity and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified .


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


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation ; ### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , installation , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation ;


### however , in the case of service and works contracts as well as 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 responsible for the performance of the contract in question . ### however , in the case of service and works contracts as well as 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 relevant professional qualifications of the staff responsible for the performance of the contract in question .


### groups of economic operators may submit tenders or put themselves forward as candidates . contracting entities shall not establish specific conditions for participation of such groups in procurement procedures which are not imposed on individual candidates . in order to submit a tender or a request to participate , those groups shall not be required by the contracting entities to assume a specific legal form . ### groups of economic operators may submit tenders or put themselves forward as candidates . groups of economic operators , particularly small and medium - sized enterprises , may take the form of a consortium of enterprises . contracting entities shall not establish specific conditions for participation of such groups in procurement procedures which are not imposed on individual candidates . in order to submit a tender or a request to participate , those groups shall not be required by the contracting entities to assume a specific legal form .


### only those economic operators invited by the contracting entity following its assessment of the requested information may submit research and innovation projects , aimed at meeting the needs identified by the contracting entity that cannot be met by existing solutions . the contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 76 . ### only those economic operators invited by the contracting entity following its assessment of the requested information may submit research and innovation projects , aimed at meeting the needs identified by the contracting entity that cannot be met by existing solutions . the contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 76 and article 76 .


### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations may participate , ### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors , social organisations and environmental organisations may participate ,


### contracting entities may take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities . ### contracting entities shall take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities .


### contracting entities shall indicate in the specifications whether or not they authorise variants and , if so , the minimum requirements to be met by the variants and any specific requirements for their presentation . where variants are authorised , they shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants . ### contracting entities shall indicate in the specifications the minimum requirements to be met by the variants , any specific requirements for their presentation and they shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants .


### in procedures for awarding supply or service contracts , contracting entities that have authorised variants shall not reject a variant on the sole ground that it would , where successful , lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract . ### in procedures for awarding supply or service contracts , contracting entities shall not reject a variant on the sole ground that it would , where successful , lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract .


### contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv . ### contracting entities shall decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations in the field of social and labour law or environmental law established by union or national legislation or by collective agreements according member states practices and traditions , or by the international social and environmental law provisions listed in annex xiv .


### contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv . ### contracting entities shall not award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations in the field of social and labour law or environmental law established by union or national legislation or by the international social and environmental law provisions listed in annex xiv or with obligations in the field of intellectual property law .


### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must fulfil all of the following conditions : ### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must be simplified in order to be accessible for smes and it must fulfil all of the following conditions :


### it may only reject the tender where the evidence does not justify the low level of price or costs charged , taking into account the elements referred to in paragraph 3 . ### it may only reject the tender where the evidence does not justify the low level of price or costs charged , taking into account the elements referred to in paragraph 3 , or when the received justification is not sufficient .


### member states shall put in place appropriate procedures for the award of contracts subject to this chapter , ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting entities to take into account the specificities of the services in question . ### member states shall put in place appropriate procedures for the award of contracts subject to this chapter , ensuring full compliance with the principles of transparency , non - discrimination and equal treatment of economic operators and allowing contracting entities to take into account the specificities of the services in question .


### member states shall ensure that contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states 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 entities may take into account the need to ensure a high level of quality , safety , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , the necessity to promote the participation of smes , 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 .


### examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting entities , which shall have the obligation to take it into account in their decisions or , where the analysis is not followed , to explain the reasons for disregarding it ; ### examining complaints from citizens and businesses and from professional associations or similar bodies on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting entities , which shall have the obligation to take it into account in their decisions or , where the analysis is not followed , to explain the reasons for disregarding it ;


### the esf should improve employment opportunities , promote education and life - long learning and develop active inclusion policies in accordance with the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against social exclusion , and a high level of education , training and protection of human health . ### the esf should improve employment opportunities , support the creation of sustainable jobs , promote education and life - long learning and develop active inclusion policies in accordance with the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against social exclusion , and a high level of education , training and protection of human health .


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


### at the same time , it is crucial to support the development and competitiveness of european small and medium - sized enterprises and to ensure that people can adapt , through acquiring appropriate skills and through lifelong learning opportunities , to new challenges such as the shift to a knowledge - based economy , the digital agenda , and the transition to a low - carbon and more energy - efficient economy . by pursuing its primary thematic objectives , the esf should contribute to addressing these challenges . in this context , the esf should support the labour force transition towards greener skills and jobs , in particular in the energy efficiency , renewable energy and sustainable transport sectors , taking into account the union ' s intention to increase the proportion of the eu budget that is related to climate mainstreaming to at least 20% , with contributions from different policy fields . ### at the same time , it is crucial to support the development , competitiveness and mobility of european small and medium - sized enterprises and to ensure that people can adapt , through acquiring appropriate skills and through lifelong learning opportunities , to changing economic and social conditions as well as new challenges such as the shift to a knowledge - based economy , the digital agenda , and the transition to a low - carbon and more energy - efficient economy . by pursuing its primary thematic objectives , the esf should contribute to addressing these challenges . in this context , the esf should support the labour force transition towards greener skills and jobs , in particular in the energy efficiency , renewable energy and sustainable transport sectors , taking into account the union ' s intention to increase the proportion of the eu budget that is related to climate mainstreaming to at least 20% , with contributions from different policy fields .


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


### the member states and regions should be encouraged to leverage the esf through financial instruments in order to support for example students , job creation , mobility of workers , social inclusion and social entrepreneurship . ### the member states and regions should be encouraged to leverage the esf through financial instruments in order to support employability , especially among young persons , job creation , mobility of workers , social inclusion and social entrepreneurship .


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , young and low - skilled workers , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies .


### access to employment for job - seekers and inactive people , including local employment initiatives and support for labour mobility ; ### access to employment and employment services for job - seekers and inactive people , including local employment initiatives and support for labour mobility ;


### promoting social inclusion and combating poverty through : ### promoting active social inclusion and combating poverty through :


### active inclusion ; ### integrated active inclusion approaches , in particular with a view to improving employment opportunities ;


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