### when awarding contracts for the execution of works and / or a work , the supply of goods or the provision of services , contracting authorities / entities shall treat covered goods and services equally to goods and services originating in the european union . ### when awarding contracts for the execution of works and / or a work , the supply of goods or the provision of services , or when awarding concessions for the execution of works or the provision of services , contracting authorities / entities shall treat covered goods and services equally to goods and services originating in the european union .


### for contracts with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . a lack of substantial reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of eu economic operators , goods and services . ### for contracts with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . a lack of substantial reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of eu economic operators , goods and services , or paramount economic interests of the union are at stake , for instance in the field of industry . in the case of serious and repeated violations in the field of fundamental workers ' rights , trade unions rights and international law , including fundamental international conventions in the field of labour , social and environmental law , such as ilo convention no . 94 on labour clauses in public procurement , the commission should equally consider a restriction of market access for the concerned goods and / or services .


### articles 58 and 59 of directive 2004 / 17 / ec shall be repealed with effect from the entry into force of this regulation . ### on entry into force of this regulation , the commission shall , under article 15 thereof establish whether articles 58 and 59 of directive 2004 / 17 / ec must be repealed .


### ‘ service provider’ means any natural or legal person which offers on the market the execution of works or a work , or services ; ### ' tenderer ' means an economic operator that has submitted a tender ;


### for contracts with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . a lack of substantial reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of eu economic operators , goods and services . ### for contracts and concessions with an estimated value equal or above eur 5 . 000 . 000 the commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement and concessions between the union and the country where the goods and / or services originate contains , for the goods and / or services for which the exclusion is proposed , explicit market access reservations taken by the union . where such an agreement does not exist , the commission should approve the exclusion where the third country maintains restrictive procurement measures in the field of procurement or the award of leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . a lack of substantial reciprocity should be presumed where restrictive procurement measures in the field of procurement or the award of result in serious and recurring discriminations of eu economic operators , goods and services .


### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators . ### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree the laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and concessions and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators .


### in the light of the overall policy of the union with regard to least - developed countries as provided for , inter alia , in council regulation no 732 / 2008 of 22 july 2008 applying a scheme of generalised tariff preferences from 1 january 2009 , it is appropriate to assimilate goods and services from these countries to union goods and services . ### in the light of the overall policy objective of the union to support the economic growth of developing countries and their integration into the global value chain , which is the basis for the establishment by the union of a generalised system of preferences as outlined in the european parliament and council regulation no 978 / 2012 , it is appropriate to assimilate goods and services from least - developed countries benefitting from the ' everything but arms ' arrangement as well as goods and services from developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system as defined respectively in annexes iv and vii to the european parliament and council regulation no 978 / 2012 applying a scheme of generalised tariff preferences , to union goods and services .


### many third countries are reluctant to open their public procurement markets to international competition , or to open those markets further than what they have already done . as a result , union economic operators face restrictive procurement practices in many of the trading partner of the union . those restrictive procurement practices result in the loss of substantial trading opportunities . ### many third countries are reluctant to open their public procurement and concession markets to international competition , or to open those markets further than what they have already done . as a result , union economic operators face restrictive procurement and concessions practices in many of the trading partners of the union . those restrictive practices result in the loss of substantial trading opportunities .


### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators . ### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree the laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and concessions preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators .


### ' supplier ' means any natural or legal person which offers on the market goods ; ### ' economic operator ' means any natural or legal person or public entity or group of such persons and / or entities which offers the execution of works or a work , the supply of products or the provision of services on the market ;


### article 21 of the treaty on european union provides that the union is to define and pursue common policies and actions , and work for a high degree of cooperation in all fields in international relations in order , inter alia , to encourage the integration of all countries into the world economy , including through the progressive abolition of restrictions on international trade . ### article 21 of the treaty on european union provides that the union is to define and pursue common policies and actions , and work for a high degree of cooperation in all fields in international relations in order , inter alia , to encourage the integration of all countries into the world economy , including through the progressive abolition of restrictions on international trade ; pursuant to the same article the union should promote democracy , the rule of law , the universality and indivisibility of human rights and fundamental freedoms , respect for human dignity , the principles of equality and solidarity and the respect for the principles of the united nations charter and international law ; the cooperation in the field of international relations should serve to foster the sustainable economic , social and environmental development of developing countries , with the primary aim of eradicating poverty .


### upon request of contracting authorities / entities the commission shall assess whether to approve , for contracts with an estimated value equal or above eur 5 . 000 . 000 exclusive of value - added tax the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the union , if the value of the non - covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender , under the following conditions . ### contracting authorities / entities are empowered to exclude economic operators originating in third countries from participation in a public procurement procedure , in any case , when particular procurement is not covered by market access commitments , listed in annex i . the commission shall adopt implementing acts establishing standard forms for contract award notices . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 17 .


### in the interest of legal certainty for union and third - country economic operators and contracting authorities / entities , the international market access commitments undertaken by the union vis - à - vis third countries in the field of public procurement should be reflected in the legal order of the eu , thereby ensuring effective application thereof . the commission should issue guidance on the application of the existing international market access commitments of the european union . this guidance should be updated on a regular basis and provide easy to use information . ### in the interest of legal certainty for union and third - country economic operators and contracting authorities / entities , the international market access commitments undertaken by the union vis - à - vis third countries in the field of public procurement and concessions should be reflected in the legal order of the eu , thereby ensuring effective application thereof . the commission should issue guidance on the application of the existing international market access commitments of the european union . this guidance should be updated on a regular basis and provide easy to use information .


### within the context of the world trade organisation and through its bilateral relations the union advocates an ambitious opening of international public procurement markets of the union and its trading partners , in a spirit of reciprocity and mutual benefit . ### amendmento within the world trade organisation and within the framework of its bilateral relations , the union supports an ambitious international opening of the public procurement markets of the union and of its trade partners , in a spirit of reciprocity , transparency , equal treatment and mutual benefit .


### the origin of a good shall be determined in accordance with article 22 to 26 of regulation no 2913 / 1992 of the european parliament and of the council of 12 october 1992 establishing the community customs code18 . __________________ 18 oj l 302 , 19 . 10 . 1992 , p . 1 ### the origin of a good shall be determined in accordance with regulation no xxxx / yyyy of the european parliament and of the council of . . . . laying down the union customs code1 x . __________________ 1 x 2012 / 0027


### where an agreement referred to in point does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . ### where an agreement referred to in point does not exist and the third country maintains restrictive procurement or concession award measures leading to a lack of substantial reciprocity in market opening between the union and the third country concerned . ; adoption of the regulation will entail technical changes throughout the text . )


### the objectives of improving the access of eu economic operators to the public procurement markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the european single market require that the treatment of third - country goods and services not covered by the international commitments of the union be harmonised throughout the european union . ### the objectives of improving the access of union economic operators to the public procurement and concession markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the european single market require that the treatment of third - country supplies and services not covered by the international commitments of the union be harmonised throughout the union .


### the origin of a service shall be determined on the basis of the origin of the natural or legal person providing it . the origin of the service provider shall be deemed to be : ### the origin of a service shall be determined on the basis of the origin of the natural or legal person providing it . the origin of the economic operator providing the service shall be deemed to be :


### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 . ### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6b , the commission shall adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 .


### within the context of the world trade organisation and through its bilateral relations the union advocates an ambitious opening of international public procurement markets of the union and its trading partners , in a spirit of reciprocity and mutual benefit . ### within the world trade organisation and within the framework of its bilateral relations , the union supports an ambitious international opening of the public procurement and concession markets of the union and of its trade partners , in a spirit of reciprocity and mutual benefit .


### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an external procurement investigation into restrictive procurement practices allegedly maintained by a third country . in particular it shall take into account the fact that the commission has approved a number of intended exclusions concerning a third country pursuant to article 6 of this regulation . such investigative procedures should be without prejudice to council regulation no 3286 / 94 of 22 december 1994 laying down community procedures in the field of the common commercial policy in order to ensure the exercise of the community’s rights under international trade rules , in particular those established under the auspices of the world trade organisation . ### the commission should be able , on its own initiative or at the application of interested parties or a member state , to initiate at any time an external investigation into restrictive procurement and concessions practices allegedly maintained by a third country . in particular it shall take into account the fact that the commission has approved a number of intended exclusions concerning a third country pursuant to article 6 of this regulation . such investigative procedures should be without prejudice to council regulation no 3286 / 94 of 22 december 1994 laying down community procedures in the field of the common commercial policy in order to ensure the exercise of the community’s rights under international trade rules , in particular those established under the auspices of the world trade organisation .


### ‘ service provider’ means any natural or legal person which offers on the market the execution of works or a work , or services ; ### ' tenderer ' means an economic operator that has submitted a tender ;


### the origin of a good shall be determined in accordance with article 22 to 26 of regulation no 2913 / 1992 of the european parliament and of the council of 12 october 1992 establishing the community customs code18 . ### the origin of a good shall be determined in accordance with article 52 to 55 of regulation no 952 / 2013 , including the delegated acts to be adopted under article 55 of that regulation .


### the biennal report shall contain information relating to the previous year on the measures financed , the results of monitoring and evaluation exercises , the involvement of the relevant partners , and the implementation of budgetary commitments and of payments appropriations . it shall assess the results of the union ' s financial assistance , using as far as possible , specific and measurable indicators of its role in meeting the objectives of the instruments . ### the biennial report shall contain information relating to the two previous years on the measures financed , the results of monitoring and evaluation exercises , the involvement of the relevant partners , and the implementation of budgetary commitments and of payments appropriations . it shall assess the results of the union ' s financial assistance , using as far as possible , specific and measurable indicators of its role in meeting the objectives of the instruments , including economic development and human rights .


### for the implementation of financial instruments , when the management of the operation is entrusted to a financial intermediary , the commission decision should cover in particular provisions concerning risk - sharing , the remuneration of the intermediary responsible for implementation , the use and re - use of the funds and the possible profits . ### for the implementation of financial instruments , when the management of the operation is entrusted to a financial intermediary , the commission decision should cover in particular provisions concerning risk - sharing , the remuneration of the intermediary responsible for implementation , the use and re - use of the funds and the possible profits , taking into account the relevant provisions of the financial rules . when financial instruments are no longer deemed to be needed , they may be terminated in accordance with the conditions laid down in this regulation .


### similarly , the complexity of the challenge and the interdependency of its components demand a european level response . many approaches , tools and technologies have applicability across many of the research and innovation areas of this challenge and are best supported at union level . these include the development of long term cohorts and the conduct of clinical trials , the clinical use of ‘ - omics’ or the development of ict and their applications in healthcare practice , notably e - health . the requirements of specific populations are also best addressed in an integrated manner , for example in the development of stratified and / or personalised medicine , in the treatment of rare diseases , and in providing assisted and independent living solutions . ### similarly , the complexity of the challenge and the interdependency of its components demand a european level response . many approaches , tools and technologies have applicability across many of the research and innovation areas of this challenge and are best supported at union level . these include international collaboration between researchers in order to acquire the necessary critical mass and expertise , the development of long term cohorts and the conduct of clinical trials , the clinical use of ‘ - omics’ or the development of ict and their applications in healthcare practice , notably e - health . the requirements of specific populations are also best addressed in an integrated manner , for example in the development of stratified and / or personalised medicine , in the treatment of poverty - related , neglected and rare diseases , and in providing assisted and independent living solutions .


### research and innovation will interface with a wide spectrum of union policies and related targets , including the common agriculture policy and the european innovation partnership ‘ agricultural productivity and sustainability’ , the common fisheries policy , the integrated maritime policy , the european climate change programme , the water framework directive , the marine strategy framework directive , the forestry action plan , the soil thematic strategy , the union ' s 2020 biodiversity strategy , the strategic energy technology plan , the union ' s innovation and industrial policies , external and development aid policies , plant health strategies , animal health and welfare strategies and regulatory frameworks to protect the environment , health and safety , to promote resource efficiency and climate action , and to reduce waste . a better integration of research and innovation into related union policies will significantly improve their european added value , provide leverage effects , increase societal relevance and help to further develop sustainable land , seas and oceans management and bio - economy markets . ### research and innovation will interface with a wide spectrum of union policies and related targets , including the common agriculture policy and the european innovation partnership ‘ agricultural productivity and sustainability’ , the common fisheries policy , the integrated maritime policy , the european climate change programme , the water framework directive , the marine strategy framework directive , the forestry action plan , the soil thematic strategy , the union ' s 2020 biodiversity strategy , the strategic energy technology plan , the union ' s innovation and industrial policies , external and development aid policies , internationally agreed commitments on global food security , biodiversity and sustainable development , plant health strategies , animal health and welfare strategies and regulatory frameworks to protect the environment , health and safety , to promote resource efficiency and climate action , and to reduce waste . a better integration of the full cycle from fundamental research to innovation into related union policies will significantly improve their added value , provide leverage effects , increase societal relevance , provide healthy food products and help to further develop sustainable land , seas and oceans management and bio - economy markets .


### supporting the union ' s external and development policy objectives , complementing external and development programmes . ### supporting the union ' s external and development policy objectives as set out in the european consensus on development and agenda for change , complementing external and development programmes , and contributing to the fulfilment of international commitments in the field of sustainable development , in particular the achievement of the millennium development goals and their subsequently internationally agreed adaptations .


### similarly , the complexity of the challenge and the interdependency of its components demand a european level response . many approaches , tools and technologies have applicability across many of the research and innovation areas of this challenge and are best supported at union level . these include the development of long term cohorts and the conduct of clinical trials , the clinical use of ‘ - omics’ or the development of ict and their applications in healthcare practice , notably e - health . the requirements of specific populations are also best addressed in an integrated manner , for example in the development of stratified and / or personalised medicine , in the treatment of rare diseases , and in providing assisted and independent living solutions . ### similarly , the complexity of the challenge and the interdependency of its components demand a european level response . many approaches , tools and technologies have applicability across many of the research and innovation areas of this challenge and are best supported at union level . these include international collaboration between researchers in order to acquire the necessary critical mass and expertise , the development of long term cohorts and the conduct of clinical trials , the clinical use of ' - omics ' or the development of ict and their applications in healthcare practice , notably e - health . the requirements of specific populations are also best addressed in an integrated manner , for example in the development of stratified and / or personalised medicine , in the treatment of poverty - related , neglected and rare and non - communicable diseases , and in providing assisted and independent living solutions .


### vat shall not be considered an eligible cost for projects referred to in article 18 . ### vat shall be considered an eligible cost for projects referred to in article 18 provided that it is paid by the final beneficiary , in accordance with article 13 of directive 2006 / 112 / ec , and that it cannot be recovered under applicable national vat law . any application for eligibility must include the appropriate supporting documents from the competent auditing or certification authorities in the member states .


### to support communication , management , and dissemination of information in the field of environment , and to facilitate knowledge sharing on successful environmental solutions and practice , including by developing cooperation platforms between stakeholders and training ; ### to support communication , management , and dissemination of information in the field of environment , and to facilitate knowledge sharing on successful environmental solutions and practice , including by developing regional cooperation platforms between stakeholders and training


### in order to stimulate coordination between the member states and the infrastructure managers , an appropriate governance structure for each freight corridor should be established , taking account of the need to avoid duplication with already existing governance structures ; ### in order to stimulate coordination between the member states , the infrastructure managers and railway undertakings , an appropriate governance structure for each freight corridor should be established , taking account of the need to avoid duplication with already existing governance structures ;


### for each freight corridor , the infrastructure managers concerned and , where relevant , the allocation bodies as referred to in article 14 of directive 2001 / 14 / ec , shall establish a management board responsible for taking the measures as expressly provided for in paragraph 6 of this article and in articles 8 , 10 , 12 , 13 , and , 15 , 16 and 17 and of this regulation . the management board shall be composed of the representatives of the infrastructure managers . ### for each freight corridor , the infrastructure managers concerned and , where relevant , the allocation bodies as referred to in article 14 of directive 2001 / 14 / ec shall establish a management board responsible for taking the measures as expressly provided for in paragraph 6 this article and in articles 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 and 16 of this regulation the management board shall be composed of the representatives of the infrastructure managers . the interested railway undertakings or groupings of railway undertakings using the corridor regularly participate in this body on a consultative basis .


### the management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor . this advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminals . the advisory group may also issue own - initiative opinions . the management board shall take any of these opinions into account . ### the management board shall set up an advisory group made up of managers and owners of terminals of the freight corridor , including sea and inland waterway ports , as well as railway undertakings , including rail freight and passenger operators , shippers , forwarders and / or their representative bodies the management board shall inform the advisory group regularly and in due time about all matters which affect them and the timeframe for dealing with them in the management board and the executive board . this advisory group shall issue an opinion on any proposal by the management board which has direct consequences for its members . the advisory group may also issue own - initiative opinions . the management board shall take all of these opinions into account . the final decision , however , shall be taken by the management board . the management board shall provide the advisory group with reasons for any decision which differs from the opinion of the advisory group . in the event of disagreement between the management board and the advisory group , the latter may refer the matter to the executive board . the executive board shall act as an intermediary and provide its opinion in due time .


### save in the case of force majeure , a train path allocated to a freight operation under this article may not be cancelled less than one month before its scheduled time in the working timetable except if the applicant concerned gives its approval for such cancellation . in such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse . this provision shall be without prejudice to any rights the applicant may have under an agreement as referred to in article 19 of directive 2001 / 14 / ec . ### save in the case of force majeure , a train path allocated to a facilitated freight operation pursuant to this article may not be cancelled less than three months before its working timetable if the applicant concerned does not give its approval for such cancellation . in such a case the infrastructure manager concerned shall make an effort to propose to the applicant a train path of an equivalent quality and reliability which the applicant has the right to accept or refuse . this provision shall be without prejudice to any rights the applicant may have under an agreement as referred to in article 19 of directive 2001 / 14 / ec . in any case , the applicant may refer the matter to the regulatory body .


### the infrastructure managers concerned shall coordinate and publish , according to an appropriate manner and timeframe , their schedule for carrying out all the works on infrastructure and its equipment that would restrict available capacity on the freight corridor . ### the management board shall coordinate and publish , in accordance with an appropriate manner and timeframe and in line with article 6 of directive 2001 / 14 / ec , their schedule for carrying out all the works on the infrastructure and its equipment that would restrict available capacity on the network .


### ' freight corridor ' means all designated railway lines in member states and , where necessary , european third countries , linking terminals along the principal route of the freight corridor , including the railway infrastructure and its equipment , marshalling yards and train formation facilities and , where necessary , diversionary routes ; ### ' freight corridor ' shall mean the railway lines on the territory of member states and , where necessary , european third countries , which are included in the freight corridor linking terminals , including a principal axis , alternative routes and paths linking them , and railway infrastructure and its equipment including all rail related services as set out in annex ii to directive 2001 / 14 / ec ;


### the management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor . this advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminals . the advisory group may also issue own - initiative opinions . the management board shall take any of these opinions into account . ### the management board shall set up an advisory group made up of managers and owners of terminals of the freight corridor , including sea and inland waterway ports , as well as railway undertakings , including rail freight and passenger operators , shippers , forwarders and / or their representative bodies . the management board and advisory group shall be separate bodies . the advisory group shall be informed regularly and in due time about all matters which affect them , the development of these matters and the timeframe for dealing with them in the management board and the executive board . this advisory group may issue an opinion on any proposal by the management board which has direct consequences for its members . the advisory group may also issue own - initiative opinions . the management board shall take any of these opinions into account .


### in order to guarantee the consistency and continuity of the infrastructure capacities available along the freight corridor , investment in the freight corridor should be coordinated between member states and the infrastructure managers concerned , and planned in a way which meets the needs of the freight corridor . the schedule for carrying out the investment should be published to ensure that applicants who may operate in the corridor are well informed . the investment should include projects relating to the development of interoperable systems and the increase in capacity of the trains ; ### in order to guarantee the consistency and continuity of the infrastructure capacities available along the freight corridor , investment in the freight corridor should be coordinated between member states , the infrastructure managers and the railway undertakings concerned , as well as , if applicable , between member states and third countries , and planned in a way which meets the needs of the freight corridor . the schedule for carrying out the investment should be published to ensure that applicants who may operate in the corridor are well informed . the investment should include projects relating to the development of interoperable systems and the increase in capacity of the trains ;


### the one - stop shop shall forward any application for infrastructure capacity without any delay to the competent infrastructure managers and , where relevant , the allocation bodies as referred to in article 14 of directive 2001 / 14 / ec , who shall take a decision on that application in accordance with article 13 and chapter iii of that directive . ### the one - stop shops of all infrastructure managers along the freight corridor shall cooperate with each other on the allocation of capacity and timetabling .


### infrastructure managers shall , if justified by market need and the evaluation referred to in paragraph 2 of this article , jointly define the reserve capacity for international freight trains running on the freight corridors recognising the need for capacity of other types of transport , including passenger transport and keep this reserve available within their final working timetables to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in article 23 of directive 2001 / 14 / ec . this capacity shall be reserved until the time - limit before its scheduled time as decided by the management board . this time limit shall not exceed 90 days . ### the management board shall keep , following the preliminary evaluation of the appropriate need to constitute a reserve of capacity for ad hoc requests , such a reserve , whilst guaranteeing a sufficient level of quality of the allocated train path for journey time and timetables adapted for international facilitated freight traffic , within the final working timetable to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in article 23 of directive 2001 / 14 / ec . this capacity shall be reserved until the time limit before its scheduled time as decided by the management board . this time limit shall not exceed one month .


### the management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor . this advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminals . the advisory group may also issue own initiative opinions . the management board shall take any of these opinions into account ### the management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor , including sea and inland waterway ports , as well as railway undertakings . this advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminals . it may also issue own - initiative opinions . the management board shall take any of these opinions into account .


### the management board for a freight corridor shall designate or establish a joint body and / or an information system through collaboration between infrastructure managers offering applicants the opportunity to request , in a single place and a single operation , infrastructure capacity for freight trains crossing at least one border along the freight corridor . ### the management board shall require each national infrastructure manager involved in a freight corridor to designate or establish a one - stop shop for receiving and replying to requests for train paths for freight trains crossing at least one border along the corridor . the infrastructure managers involved in the freight corridor shall provide , in accordance with the provisions of this regulation concerning the use of it applications , the necessary information in order to deal with international train path requests .


### the management board for a freight corridor shall designate or establish a joint body and / or an information system through collaboration between infrastructure managers offering applicants the opportunity to request , in a single place and a single operation , infrastructure capacity for freight trains crossing at least one border along the freight corridor . ### the management board shall require each national infrastructure manager involved in a freight corridor to designate or establish a one - stop shop for receiving and replying to requests for train paths for freight trains crossing at least one border along the corridor . the infrastructure managers involved in a freight corridor shall use it applications or alternative solutions available in future such as interfaces to handle requests for international train paths .


### in particular , fighting climate change is recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication ‘ a budget for europe 2020’ of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal . ### in particular , fighting climate change is recognised as one of the great global challenges and an area where urgent international action is necessary . in accordance with the intent stated in the commission communication ‘ a budget for europe 2020’ of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal .


### under this regulation , the union should support the implementation of the ‘ europe 2020’ strategy , in particular objectives relating to climate change , the transition to a greener economy and resource efficiency , trade and investment , business and regulatory cooperation with third countries , and should promote public diplomacy , education / academic cooperation and outreach activities . ### under this regulation , the union should support the implementation of the ‘ europe 2020’ strategy , and should promote public diplomacy , education / academic cooperation and outreach activities .


### all of the priorities shall contribute to the cross - cutting objectives of innovation , environment and climate change mitigation and adaptation . ### all of the priorities shall contribute to the cross - cutting objectives of innovation , environment and climate change mitigation and adaptation and , where appropriate , reflect eu development objectives .


### inter - territorial or transnational co - operation projects ; “inter - territorial co - operation” means co - operation within a member state . “transnational co - operation” means co - operation between territories in several member states and with territories in third countries . ### inter - territorial or transnational co - operation projects , including cooperation projects with developing countries ; “inter - territorial co - operation” means co - operation within a member state . “transnational co - operation” means co - operation between territories in several member states and with territories in third countries .


### co - operation among actors located in different regions or member states shall also be eligible for support . ### co - operation among actors located in different regions or member states as well as co - operation with actors from developing countries shall also be eligible for support .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should also consider whether the reporting obligations for undertakings which are active in the extractive industry or logging of primary forests should be extended to certain other industries , including in particular fisheries . the review should be completed at the latest four years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteriaand account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . it should not be necessary to prepare a report if equivalent reporting requirements are observed . payments should not need to be disclosed if the total amount paid to a government does not exceed eur 1 000 000 or if the total amount of payments for a project does not exceed eur 200 000 . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information .


### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities which are active in the extractive industry or logging of primary forestsshould disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate . such undertakings are active in countries rich in natural resources , in particular minerals , oil , natural gas as well as primary forests . the report should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulationwhich require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . ### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . such undertakings are active in countries rich in natural resources , in particular minerals , oil , natural gas as well as primary forests . the report should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market .


### ' project ' is equivalent to a specific operational reporting unit at the lowest level within the undertaking at which regular internal management reports are prepared to monitor its business . ### ' project ' is equivalent to a specific operational reporting unit at the lowest level within the undertaking at which regular internal management reports are prepared for the board of directors to monitor its business .


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments , including payments in kind , made to governments in respect of the extractive industry and forestry activities defined in article 36 , on an annual basis .


### where those payments have been attributed to a specific project the amount per type of payment , including payments in kind , made for each such project within a financial year , and the total amount of payments for each such project . ### where those payments have been attributed to a specific project the amount per type and the total amount of payment made for each such project within a financial year .


### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate . such undertakings are active in countries rich in natural resources , in particular minerals , oil , natural gas as well as primary forests . the report should include types of payments comparable to those disclosed by an undertaking participating in the extractive industries transparency initiative . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . ### in order to provide for enhanced transparency of payments made to governments , large undertakings and public interest entities should disclose in a report on an annual basis payments made to governments in the countries in which they operate . the report , which should form part of the notes to the financial statements , should also include certain contextual information . these measures aim at enabling investors to make better - informed decisions , improving corporate governance and accountability and contributing to the containment of tax evasion . the report should incorporate disclosures on a country basis , with certain additional reporting requirements on a project basis for undertakings active in the extractive industry or logging of primary forests .


### from [ dd / mm / yyyy ] [ insert date 3 years after entry into force of this regulation ] , refrigeration , air - conditioning and heat pump equipment shall not be charged with hydrofluorocarbons before it is placed on the market or before it is made available to the end - user for its first installation . ### to avoid distortion of competition on the eu market , from [ dd / mm / yy ] [ insert date 1 year after entry into force of this regulation ] , products and equipment placed on the union market shall not be charged with hydrofluorocarbons unless the hydrofluorocarbons were placed on the union market before [ dd / mm / yy ] [ insert starting date of quota system ] or are accounted for within the hydrofluorocarbons quota referred to in article 14 .


### the use of fluorinated greenhouse gases , or of mixtures that contain fluorinated greenhouse gases , with a global warming potential of 2500 or more , to service or maintain refrigeration equipment with a charge size equivalent to 5 tonnes of co2 or more , shall be prohibited from 1 january 2020 . ### the use of fluorinated greenhouse gases , or of mixtures that contain fluorinated greenhouse gases , with a global warming potential of 2500 or more , to service or maintain refrigeration equipment with a charge size equivalent to 50 tonnes of co2 or more , shall be prohibited from 1 january 2020 .


### the use of fluorinated greenhouse gases , or of mixtures that contain fluorinated greenhouse gases , with a global warming potential of 2500 or more , to service or maintain refrigeration equipment with a charge size equivalent to 5 tonnes of co2 or more , shall be prohibited from 1 january 2020 . ### the use of fluorinated greenhouse gases , or of mixtures that contain fluorinated greenhouse gases , with a global warming potential of 2500 or more , to service or maintain refrigeration equipment designed to operate at a temperature of 50°c or more , with a charge size equivalent to 40 tonnes of co2 or more , shall be prohibited from 1 january 2025 , unless the gases have been recovered or recycled .


### the commission shall be empowered to adopt delegated acts in accordance with article 20 amending the list set out in annex iii to include other products and equipment that contain fluorinated greenhouse gases with a global warming potential of 150 or more , or that rely on them to work , if it has been established that alternatives to the use of fluorinated greenhouse gases or to the use of specific types of fluorinated greenhouse gases are available , and their use would result in lower overall greenhouse gas emissions and to exclude , where appropriate for a specified period of time , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical , economic or safety reasons . ### the commission shall be empowered to adopt delegated acts in accordance with article 20 amending the list set out in annex iii to exclude , where appropriate for a specified period of time , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are temporarily not available for technical , economic or safety reasons .


### to ensure that beneficiaries receive the support as soon as possible and to reinforce the assurance for the commission it is appropriate to require that payment applications include only expenditure for which the support has been paid to beneficiaries . pre - financing each year should be foreseen to ensure that member state have sufficient means to operate under such arrangements . such pre - financing should be cleared each year with the clearance of accounts . ### to ensure that beneficiaries receive the support as soon as possible and to reinforce the assurance for the commission it is appropriate to require that payment applications include only expenditure for which the support has been paid to beneficiaries . pre - financing each year should be foreseen to ensure that member state have sufficient means to operate under such arrangements . such pre - financing should be in accordance with the procedures established in this regulation .


### the commission shall decommit any part of the amount calculated in accordance with the second subparagraph in an operational programme that has not been used for payment of the initial and annual pre - financing , interim payments and annual balance by 31 december of the second financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with article 121 has not been submitted in accordance with article 126 . for the purposes of the decommitment , the commission shall calculate the amount by adding one sixth of the annual budget commitment related to the 2014 total annual contribution to each of the 2015 to 2020 budget commitments . 2 . by way of derogation from the first subparagraph of paragraph 1 , the deadlines for decommitment shall not apply to the annual budget commitment related to the 2014 total annual contribution . 3 . if the first annual budget commitment is related to the 2015 total annual contribution , by way of derogation from paragraph 1 , the deadlines for decommitment shall not apply to the annual budget commitment related to the total annual contribution of 2015 . in such cases , the commission shall calculate the amount under the first sub - paragraph of paragraph 1 by adding one fifth of the annual budget commitment related to the 2015 total amount contribution to each of the 2016 to 2020 budget commitments . 4 . that part of commitments still open on 31 december 2022 shall be decommitted if any of the documents required under article 130 has not been submitted to the commission by 30 september 2023 . ### the commission shall decommit any part of the amount calculated in accordance with the second subparagraph in an operational programme that has not been used for payment of the initial and annual pre - financing and interim payments by 31 december of the third financial year following the year of budget commitment under the operational programme or for which a payment application drawn up in accordance with article 121 has not been submitted in accordance with article 126 . deleted deleted deleted 4 . that part of commitments still open on 31 december 2023 shall be decommitted if any of the documents required under article 133 has not been submitted to the commission by the deadline set out in article 133 .


### 0 , 2% of the erdf resources for the investment for growth and jobs goal shall be allocated to innovative actions at the initiative of the commission in the area of sustainable urban development . ### eur xxxx of the structural funds resources for the investment for growth and jobs goal will be allocated to innovative actions at the initiative of the commission in the area of sustainable urban development .


### by 31 january , 30 april , 31 july and 31 october , the managing authority shall transmit electronically to the commission for monitoring purposes , for each operational programme and by priority axis : the total and public eligible cost of the operations and the number of operations selected for support ; the total and public eligible cost of contracts or other legal commitments entered into by beneficiaries in implementation of operations selected for support ; the total eligible expenditure declared by beneficiaries to the managing authority . 2 . in addition , the transmission on 31 january shall contain the above data broken down by category of intervention . this transmission shall be considered to fulfil the requirement for the submission of financial data referred to in article 44 . 3 . a forecast of the amount for which member states expect to submit payment applications for the current financial year and the subsequent financial year shall accompany the transmissions to be made by 31 january and 31 july . 4 . the cut - off date for the data submitted under this article shall be the end of the month preceding the month of submission . ### by 31 january , 31 july and 31 october , the member state shall transmit electronically to the commission for monitoring purposes , for each operational programme and by priority axis : the total and public eligible cost of the operations and the number of operations selected for support ; deleted the total eligible expenditure declared by beneficiaries to the managing authority . 2 . in addition , the transmission made by 31 january shall contain the above data broken down by category of intervention . this transmission shall be considered to fulfil the requirement for the submission of financial data referred to in article 44 . 3 . a forecast of the amount for which member states expect to submit payment applications for the current financial year and the subsequent financial year shall accompany the transmissions to be made by 31 january and 31 july . 4 . the cut - off date for the data submitted under this article shall be the end of the month preceding the month of submission . 4a . the commission shall adopt , by means of implementing act in accordance with the examination procedure laid down in article 143 , uniform conditions concerning the model to be used when submitting the financial data to the commission for monitoring purposes .


### arrangements to ensure alignment with the union strategy for smart , sustainable and inclusive growth , including : an analysis of disparities and development needs with reference to the thematic objectives , the common strategic framework and the targets set in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under article 148 of the treaty ; a summary analysis of the ex ante evaluations of the programmes justifying the selection of the thematic objectives and the indicative allocations of the csf funds ; for each thematic objective , a summary of the main results expected for each of the csf funds ; the indicative allocation of support by the union by thematic objective at national level for each of the csf funds , as well as the total indicative amount of support foreseen for climate change objectives ; the main priority areas for cooperation , taking account , where appropriate , of macro - regional and sea basin strategies ; horizontal principles and policy objectives for the implementation of the csf funds ; the list of the programmes under the erdf , the esf and the cf , except those under the european territorial cooperation goal , and of the programmes of the eafrd and the emff , with the respective indicative allocations by csf fund and by year ; ### arrangements to ensure alignment with the union strategy for smart , sustainable and inclusive growth as well as the fund specific missions pursuant to their treaty - based objectives , including economic , social and territorial cohesion , including : an analysis of disparities , development needs , and growth potentials with reference to the thematic objectives and the territorial challenges and taking account of the national reform programme , where appropriate , and relevant country - specific recommendations adopted in accordance with article 121 of the treaty on the functioning of the european union and relevant council recommendations adopted in accordance with article 148 of the treaty on the functioning of the european union ; a summary of the ex ante evaluations of the programmes or key findings of the ex ante evaluations of the partnership agreement where undertaken by the member state at its own initiative ; selected thematic objectives , and for each of the selected thematic objectives a summary of the main results expected for each of the european structural and investment funds ; the indicative allocation of support by the union by thematic objective at national level for each of the european structural and investment funds , as well as the total indicative amount of support foreseen for climate change objectives ; deleted the application of horizontal principles and policy objectives for the implementation of the european structural and investment funds ; the list of the programmes under the erdf , the esf and the cf , except those under the european territorial cooperation goal , and of the programmes of the eafrd and the emff , with the respective indicative allocations by european structural and investment fund and by year ;


### the common strategic framework shall establish : means to achieve coherence and consistency of the programming of the csf funds with the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty ; coordination mechanisms among the csf funds , and with other relevant union policies and instruments , including external instruments for cooperation ; horizontal principles and cross - cutting policy objectives for the implementation of the csf funds ; arrangements to address territorial challenges and the steps to be taken to encourage an integrated approach that reflects the role of urban , rural , coastal and fisheries areas , as well as the specific challenges for areas with particular territorial features referred to in articles 174 and 349 of the treaty ; for each thematic objective , the indicative actions of high european added value to be supported by each csf fund and the corresponding principles for delivery ; priorities for cooperation for the csf funds , where appropriate , taking account of macro - regional and sea basin strategies . ### the common strategic framework shall establish : mechanisms for ensuring the contribution of the european structural and investment funds to the union ' s strategy for smart , sustainable and inclusive growth and coherence and consistency of the programming of the european structural and investment funds with the relevant country - specific recommendations adopted in accordance with article 121 of the treaty on the functioning of the european union and the relevant council recommendations adopted in accordance with 148 of the treaty on the functioning of the european union and where appropriate at national level , the national reform programmes ; arrangements to promote the integrated use of the european structural and investment funds ; the arrangements for coordination between the european structural and investment funds and other relevant union policies and instruments , including external instruments for cooperation ; horizontal principles and cross - cutting policy objectives for the implementation of the european structural and investment funds ; the arrangements to address the key territorial challenges for urban , rural , coastal and fisheries areas , the demographic challenges of regions or specific needs of geographical areas which suffer by severe and permanent natural or demographic handicaps as referred to in articles 174 and 349 of the treaty on the functioning of the european union ; deleted priority areas for cooperation activities for the european structural and investment funds , where appropriate , taking account of macro - regional and sea basin strategies .


### the payment deadline for an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the financial regulation for a maximum period of nine months if : following information provided by a national or union audit body , there is evidence to suggest a significant deficiency in the functioning of the management and control system ; the authorising officer by delegation has to carry out additional verifications following information coming to his attention alerting him that expenditure in a request for payment is linked to an irregularity having serious financial consequences ; there is a failure to submit one of the documents required under article 75 . the fund - specific rules for the emff may lay down additional basis for interruption of payments where a member state has failed to comply with its obligations under the common fisheries policy . ### the payment deadline for an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the financial regulation for a maximum period of six months if : following information provided by a national or union audit body , there is a clear evidence to suggest a significant deficiency in the functioning of the management and control system ; the authorising officer by delegation has to carry out additional verifications following information coming to his attention alerting him that expenditure in a request for payment is linked to an irregularity having serious financial consequences ; there is a failure to submit one of the documents required under article 59 of the financial regulation . the member state may agree to an extension of the interruption period for another 3 months . deleted


### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### with regard to all of the european structural and investment funds , the commission should be empowered to adopt , by means of implementing acts , decisions approving the partnership agreements , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the support to be provided from the cohesion fund to transport infrastructure projects of european added value and the pre - indentified projects listed in annex 1 of regulation [ . . . ] / 2012 on establishing the connecting europe facility that will be carried out in each member state , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections , decisions on the amount chargeable to the funds for the accounting year and the annual balance due to the member state or to be recovered .


### pre - financing shall be used only for making payments to beneficiaries in the implementation of the programme . it shall be made available without delay to the responsible body for this purpose . ### initial pre - financing shall be used only for payments to beneficiaries in the implementation of the programme . it shall be made available without delay to the responsible body for this purpose .


### an operational programme shall consist of priority axes . a priority axis shall concern one fund for a category of region and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . for the esf , a priority axis may combine investment priorities from different thematic objectives set out in article 9 , , and in order to facilitate their contribution to other priority axes , in duly justified circumstances . ### an operational programme shall consist of priority axes . a priority axis shall concern one fund and one category of region , except for the cohesion fund , and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . where appropriate and in order to increase the impact and effectiveness in a thematically coherent integrated approach , a priority axis may : concern more than one category of region ; combine one or more complementary investment priorities from the erdf , cf and esf under one thematic objective ; in duly justified cases combine one or more complementary investment priorities from different thematic objectives in order to achieve their maximum contribution to priority axis ; for the esf combine investment priorities from different thematic objectives set out in article 9 , , and in order to facilitate their contribution to other priority axes . member states may combine two or more of the options to .


### each member state shall designate an information and communication officer to coordinate information and communication actions in relation to one or several funds and shall inform the commission accordingly . 2 . the information and communication officer shall coordinate and chair meetings of a national network of funds ' communicators , including relevant european territorial cooperation programmes , the creation and maintenance of the website or website portal referred to in annex vi and the obligation to provide an overview about communication measures undertaken at national level . 3 . each managing authority shall designate one person to be responsible for information and communication at operational programme level and shall inform the commission of those designated . 4 . union networks comprising the members designated by the member states and the managing authorities shall be set up by the commission to ensure exchange on the results of the implementation of the communication strategies , the exchange of experience in implementing the information and communication measures , and the exchange of good practices . ### each member state shall designate an information and communication officer to coordinate information and communication actions in relation to one or several funds , including relevant european territorial cooperation programmes , and shall inform the commission accordingly . 2 . the information and communication officer shall be responsible for the coordination of national network of funds ' communicators , where such a network exists , the creation and maintenance of the website or website portal referred to in annex vi and the provision of an overview of communication measures undertaken at member state level . 3 . each managing authority shall designate one person responsible for information and communication at operational programme level and shall inform the commission of those designated . where appropriate , one person may be designated for several operational programmes . 4 . union networks comprising the members designated by the member states shall be set up by the commission to ensure exchange on the results of the implementation of the communication strategies , the exchange of experience in implementing the information and communication measures , and the exchange of good practices .


### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines , the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty . ### the european structural and investment funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention to deliver the union strategy for smart , sustainable and inclusive growth as well as the fund - specific missions pursuant to their treaty - based objectives , including economic , social and territorial cohesion taking account of the relevant integrated guidelines and the relevant country - specific recommendations adopted in accordance with article 121 of the treaty on the functioning of the european union and the relevant council recommendations adopted in accordance with article 148 of the treaty on the functioning of the european union and where appropriate at national level , the national reform programme .


### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of a code of conduct on the objectives and criteria to support the implementation of partnership , the adoption of a common strategic framework , additional rules on the allocation of the performance reserve , the definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning funding agreements , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to supplement and amend certain non - essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of a code of conduct containing recommendations and best practices on the objectives and criteria to support the implementation of partnership , the methodology used to provide information on the support for climate change objectives , the minimum criteria for the definition of the area and population covered by the local development strategies , detailed rules on financial instruments , the rules on certain types of financial instruments set up at national , regional , transnational or cross - border level , rules concerning the minimum provisions to be included in funding agreements and strategy documents , transfer and management of assets , the arrangements for management and control , the rules on payment requests , and establishment of a system of capitalisation of annual instalments , the definition of the flat rate for revenue generating operations , the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in union policies , the responsibilities of member states concerning the procedure for reporting irregularities and recovery of sums unduly paid , the modalities of exchange of information of operations , the arrangements for the adequate audit trail , the conditions of national audits , the rules concerning the use of data collected during audits , the accreditation criteria for managing authorities and certifying authorities , the identification of commonly accepted data carriers , and the criteria for establishing the level of financial correction to be applied . the commission should also be empowered to amend annex v in order to address future adaptation needs . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . ### in accordance with the multi - level governance approach , the partners referred to in paragraph 1 shall be involved by member states in the preparation of partnership agreements and progress reports throughout the preparation and implementation of programmes , including participation in the monitoring committees for programmes in accordance with article 42 .


### the commission may request the eib to examine the technical quality and economic and financial viability of major projects and to assist it as regards the financial instruments to be implemented or developed . ### the commission may request the eib to examine the technical quality and economic , financial viability and sustainability of major projects and to assist it as regards the financial instruments to be implemented or developed .


### the commission may issue recommendations to address any issues which affect the implementation of the programme . where such recommendations are made , the managing authority shall inform the commission within three months of the corrective measures taken . ### the commission may make observations to the managing authority concerning issues which significantly affect the implementation of the programme . where such observations are made , the managing authority shall provide all necessary information with regard to those observations and , where appropriate , inform the commission within three months of measures taken .


### title [ viii ] of the financial regulation shall apply to financial instruments referred to in paragraph 1 . contributions from the csf funds to financial instruments under paragraph 1 shall be placed in separate accounts and used , in accordance with the objectives of the respective csf funds , to support actions and final recipients consistent with the programme or programmes from which such contributions are made . ### contributions from the european structural and investment funds to financial instruments under paragraph 1 shall be placed in separate accounts and used , in accordance with the objectives of the respective european structural and investment funds , to support actions and final recipients consistent with the programme or programmes from which such contributions are made . contributions to such financial instruments are subject to the respect of the provisions of this regulation unless exceptions are expressly provided for . this is without prejudice to the rules governing the set up and functioning of the financial instruments under the financial regulation , unless they conflict with the rules of the cpr , in which case the latter prevail .


### programmes shall be submitted by the member states at the same time as the partnership contract , with the exception of european territorial cooperation programmes , which shall be submitted within six months of the approval of the common strategic framework . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 . ### programmes shall be submitted by the member states at the latest three months following the submission of the partnership agreement . european territorial cooperation programmes shall be submitted within nine months of the entry into force of this regulation . all programmes shall be accompanied by the ex ante evaluation as set out in article 48 .


### implementation of financial instruments in implementing article 32 , managing authorities may provide a financial contribution to the following financial instruments : financial instruments set up at union level , managed directly or indirectly by the commission ; financial instruments set up at national , regional , transnational or cross - border level , managed by or under the responsibility of the managing authority . 2 . title [ viii ] of the financial regulation shall apply to financial instruments referred to in paragraph 1 . contributions from the csf funds to financial instruments under paragraph 1 shall be placed in separate accounts and used , in accordance with the objectives of the respective csf funds , to support actions and final recipients consistent with the programme or programmes from which such contributions are made . 3 . for financial instruments under paragraph 1 , the managing authority may provide a financial contribution to the following financial instruments : financial instruments complying with the standard terms and conditions laid down by the commission , by means of implementing acts in accordance with the examination procedure referred to in article 143 ; already existing or newly created financial instruments which are specifically designed to achieve the intended purpose and which respect the applicable union and national rules . the commission shall adopt delegated acts in accordance with article 142 laying down the specific rules regarding certain types of financial instruments referred to in point , as well as the products that may be delivered through such instruments . 4 . when supporting financial instruments referred to in paragraph 1 the managing authority may : invest in the capital of existing or newly created legal entities , including those financed from other csf funds , dedicated to implementing financial instruments consistent with the objectives of the respective csf funds , which will undertake implementations tasks ; the support to such investments shall be limited to the amounts necessary to implement new financial instruments consistent with the objectives of this regulation ; or entrust implementation tasks to : the european investment bank ; international financial institutions in which a member state is a shareholder , or financial institutions established in a member state aiming at the achievement of public interest under the control of a public authority , selected in accordance with applicable union and national rules ; a body governed by public or private law selected in accordance with applicable union and national rules . undertake implementation tasks directly , in the case of financial instruments consisting solely of loans or guarantees . the commission shall be empowered to adopt delegated acts in accordance with article 142 laying down rules concerning funding agreements , the role and responsibility of the entities to which the implementation tasks are entrusted , as well as management costs and fees . 5 . the entities referred to in paragraph 4 and , when implementing financial instruments through funds of funds , may further entrust part of the implementation to financial intermediaries provided that these entities ensure under their responsibility that the financial intermediaries satisfy the criteria laid down in [ articles 57 and 131 , and ] of the financial regulation1 . financial intermediaries shall be selected on the basis of open , transparent , proportionate and non - discriminatory procedures , avoiding conflicts of interests . 6 . the entities referred to in paragraph 4 to which implementation tasks have been entrusted shall open fiduciary accounts in their name and on behalf of the managing authority . the assets held on such fiduciary accounts shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity . 7 . the commission shall be empowered to adopt delegated acts in accordance with article 142 laying down detailed rules concerning specific requirements regarding the transfer and management of assets managed by the entities to which implementation tasks are entrusted , as well as conversion of assets between euro and national currencies . ### implementation of financial instruments in implementing article 32 , managing authorities may provide a financial contribution to the following financial instruments : financial instruments set up at union level , managed directly or indirectly by the commission ; financial instruments set up at national , regional , transnational or cross - border level , managed by or under the responsibility of the managing authority . 2 . contributions from the european structural and investment funds to financial instruments under paragraph 1 shall be placed in separate accounts and used , in accordance with the objectives of the respective european structural and investment funds , to support actions and final recipients consistent with the programme or programmes from which such contributions are made . contributions to such financial instruments are subject to the provisions of this regulation unless exceptions are expressly provided for . this is without prejudice to the rules governing the set up and functioning of the financial instruments under the financial regulation , unless they conflict with the rules of the cpr , in which case the latter prevail . 3 . for financial instruments under paragraph 1 , the managing authority may provide a financial contribution to the following financial instruments : financial instruments complying with the standard terms and conditions laid down by the commission , by means of implementing acts in accordance with the examination procedure referred to in article 143 ; already existing or newly created financial instruments which are specifically designed to achieve the specific objectives set out under the relevant priority . deleted 4 . when supporting financial instruments referred to in paragraph 1 the managing authority may : invest in the capital of existing or newly created legal entities , including those financed from other european structural and investment funds , dedicated to implementing financial instruments consistent with the objectives of the respective european structural and investment funds , which will undertake implementation tasks ; the support to such entities shall be limited to the amounts necessary to implement new investments in accordance with the provisions under article 32 and consistent with the objectives of this regulation ; or entrust implementation tasks to : the european investment bank ; international financial institutions in which a member state is a shareholder , or financial institutions established in a member state aiming at the achievement of public interest under the control of a public authority ; a body governed by public or private law . undertake implementation tasks directly , in the case of financial instruments consisting solely of loans or guarantees . in this case the managing authority is considered to be the beneficiary in the meaning of article 2 . when implementing the financial instrument , the bodies referred to in a ) b ) and c ) shall ensure compliance with applicable eu and national law , including rules covering european structural and investment funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism and tax fraud . they shall not be established and shall not maintain business relations with entities incorporated in territories , whose jurisdictions do not cooperate with the union in relation to the application of the internationally agreed tax standards and shall transpose such requirements in their contracts with the selected financial intermediaries . deleted 4 . 1 . a . where a financial instrument is implemented under paragraphs and , subject to the implementation structure of the financial instrument , the terms and conditions for contributions from programmes to financial instruments shall be set out in funding agreements in accordance with annex x at the following levels : where applicable , between the duly mandated representatives of the managing authority and the body that implements the fund of funds , and between the duly mandated representatives of the managing authority , or where applicable , the body that implements the fund of funds , and the body that implements the financial instrument . 4 . 1 . b . for financial instruments implemented under paragraph , the terms and conditions for contributions from programmes to financial instruments shall be set out in a strategy document in accordance with annex x to be examined by the monitoring committee . the commission shall be empowered to adopt delegated acts in accordance with article 142 laying down additional specific rules on the role , liabilities and responsibility of bodies implementing financial instruments , related selection criteria and products that may be delivered through financial instruments in accordance with the provisions under article 32 . the commission shall notify the delegated acts , adopted in accordance with article 142 , simultaneously to the european parliament and the council within four months of the adoption of this regulation . 5 . the bodies referred to in paragraph 4 and , when implementing funds of funds may further entrust part of the implementation to financial intermediaries provided that these entities ensure under their responsibility that the financial intermediaries satisfy the criteria laid down in article 140 , and of the financial regulation1 . financial intermediaries shall be selected on the basis of open , transparent , proportionate and non - discriminatory procedures , avoiding conflicts of interests . 6 . the bodies referred to in paragraph 4 to which implementation tasks have been entrusted shall open fiduciary accounts in their name and on behalf of the managing authority , or set up the financial instrument as a separate block of finance within a financial institution . in case of a separate block of finance , separate accounting shall distinguish programme resources invested in the financial instrument from the other resources available in the financial institution . the assets held on fiduciary accounts and such separate blocks of finance shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity . 6a . national public and private contributions , including where relevant in - kind contributions as referred to under article 32 , may be provided at the level of the fund of funds , at the level of the financial instrument or at the level of final recipients , in accordance with fund - specific rules . 7 . the commission shall be empowered to adopt delegated acts in accordance with article 142 laying down detailed rules concerning specific requirements regarding the transfer and management of assets managed by the entities to which implementation tasks are entrusted , as well as conversion of assets between euro and national currencies .


### the commission shall be empowered to adopt delegated acts in accordance with article 142 concerning the arrangements for management and control of financial instruments implemented under articles 33 and 33 , and . ### the commission shall be empowered to adopt implementing acts in accordance with article 142 concerning the arrangements for management and control of financial instruments implemented under articles 33 and 33 , and .