### in order to take account of developments in the markets for credit relating to residential immovable property , including the range of products available , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union to amend the content of the standard information items to be included in advertising , the content and format of the european standardised information sheet , the content of the information disclosures by credit intermediaries , the formula and the assumptions used to calculate the annual percentage rate of charge and the criteria to be taken into account for the assessment of the consumer’s creditworthiness . ### in order to take account of developments in the markets for credit relating to residential immovable property , including the range of products available , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union to amend the content and format of the european standardised information sheet , and to amend the formula and the assumptions used to calculate the annual percentage rate of charge .


### the european parliament and the council should have two months from the date of notification to object to a delegated act . at the initiative of the european parliament or the council , it should be possible to prolong that period by one month with regard to significant areas of concern . it should also be possible for the european parliament and the council to inform the other institutions of their intention not to raise objections . ### the european parliament and the council should have three months from the date of notification to object to a delegated act . at the initiative of the european parliament or the council , it should be possible to prolong that period by two months with regard to significant areas of concern . it should also be possible for the european parliament and the council to inform the other institutions of their intention not to raise objections .


### the purpose of this directive is to lay down a framework for certain aspects of the laws , regulations and administrative provisions of the member states concerning credit agreements relating to residential immovable property for consumers and concerning certain aspects of the prudential and supervisory requirements for credit intermediaries and creditors . ### the purpose of this directive is to lay down a framework for certain aspects of the laws , regulations and administrative provisions of the member states and concerning certain aspects of the prudential and supervisory requirements for credit intermediaries and creditors where they relate to consumer credit agreements secured by a mortgage or used to finance residential immovable property .


### credit agreements which are secured either by a mortgage or by another comparable security commonly used in a member state on residential immovable property or secured by a right related to residential immovable property . ### credit agreements the purpose of which is to acquire or retain rights in land or residential immovable property and which are secured either by a mortgage or by another comparable security commonly used in a member state on residential immovable property or secured by a right related to residential immovable property .


### ‘ ancillary service’ means a financial service offered to the consumer by the creditor or credit intermediary in conjunction with the credit agreement . ### ' ancillary service ' means a financial service , required by the creditor - de jure or de facto - or by law and offered to the consumer by the creditor , or a credit intermediary or a third party in conjunction with the credit agreement


### assists consumers by undertaking preparatory work in respect of credit agreements within the meaning of article 2 other than as referred to in point ; ### assists consumers by undertaking preparatory work and / or administration in respect of credit agreements within the meaning of article 2 other than as referred to in point ; or


### member states shall ensure that the authorities designated as competent for ensuring the implementation of articles 18 , 19 , 20 and 21 of this directive are one of those competent authorities included in article 4 of regulation no 1093 / 2010 establishing a european supervisory authority . ### if authorities are to be designated and have powers conferred on them , member states shall ensure that the authorities designated as competent for ensuring the implementation of articles 18 , 19 , 20 and 21 of this directive are one of those competent authorities included in article 4 of regulation no 1093 / 2010 establishing a european supervisory authority . by way of derogation , member states may also designate authorities which are not among the competent authorities included in article 4 of the regulation referred to above , provided that they ensure that the relevant provisions of that regulation implementing articles 18 , 19 , 20 and 21 of this directive apply mutatis mutandis .


### where there is more than one competent authority on its territory , a member state shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . ### where there is more than one competent authority on its territory , a member state shall ensure that those authorities collaborate closely .


### member states shall require that , when granting , intermediating or advising on credit and , where appropriate , ancillary services to consumers , the creditor or the credit intermediary acts honestly , fairly and professionally in accordance with the best interests of the consumer . ### member states shall require that , when granting , intermediating or advising on credit , the creditor or the credit intermediary acts honestly , fairly and professionally .


### member states shall ensure that the manner in which creditors remunerate their staff and the relevant credit intermediaries and the manner in which credit intermediaries remunerate their staff do not impede compliance with the obligation to act in accordance with the best interests of the consumer , as referred to in paragraph 1 . ### member states shall ensure that the manner in which creditors remunerate their staff and the relevant credit intermediaries and the manner in which credit intermediaries remunerate their staff do not impede compliance with the obligation referred to in paragraph 1 .


### the natural persons within the management of creditors and credit intermediaries who are responsible for or have a role in the intermediation , advice or approval of the credit agreement , possess appropriate knowledge and competence in relation to credit agreements . ### the natural persons within the management of creditors and credit intermediaries who are responsible for or have a role in the intermediation or advice regarding credit agreements , possess appropriate knowledge and experience in relation to credit agreements . the management of credit intermediaries shall ensure that staff has an appropriate level of knowledge and competence for their tasks .


### the standard information shall specify the following in a clear , concise and prominent way by means of a representative example : ### does not affect the english text .


### the duration of the credit agreement ; ### if applicable , the duration of the credit agreement ;


### the amount of the instalments ; ### if applicable , the amount of the instalments ;


### member states shall ensure that general information about credit agreements is made available by creditors or , where applicable , credit intermediaries at all times in a durable medium or in electronic form . ### member states shall ensure that general information about credit agreements is made available by creditors and delivered to the consumer , either by the creditor in the case of direct sales , or through the credit intermediary , at all times in a durable medium and / or , upon request , in electronic form .


### member states shall ensure that general information about credit agreements is made available by creditors or , where applicable , credit intermediaries at all times in a durable medium or in electronic form . ### member states shall ensure that general information about credit agreements is made available by creditors or , where applicable , credit intermediaries at all times on paper , on another durable medium or in electronic form .


### forms of surety ; ### forms of surety , including the possibility for the collateral to be located in a different member state ;


### member states shall ensure that the creditor and , where applicable , the credit intermediary , without undue delay after the consumer has given the necessary information on his needs , financial situation and preferences in accordance with article 14 , provides the consumer with the personalised information needed to compare the credits available on the market , assess their implications and take an informed decision on whether to conclude a credit agreement . such information , on paper or on another durable medium , shall be provided by means of the european standardised information sheet , as set out in annex ii . ### member states shall ensure that the creditor and , where applicable , the credit intermediary , without undue delay after the consumer has given the necessary information on his needs , financial situation and preferences in accordance with article 14 , provides the consumer with the personalised information needed to compare the credits available on the market , assess their implications and take an informed decision on whether to conclude a credit agreement . member states may stipulate that consumers should be afforded this scope to weigh up their decision through the granting of a statutory or contractual right of withdrawal pursuant to the provisions of directive 2008 / 48 / ec . such information , on paper or on another durable medium , shall be provided by means of the european standardised information sheet , as set out in annex ii .


### member states shall ensure that the creditor and , where applicable , the credit intermediary , without undue delay after the consumer has given the necessary information on his needs , financial situation and preferences in accordance with article 14 , provides the consumer with the personalised information needed to compare the credits available on the market , assess their implications and take an informed decision on whether to conclude a credit agreement . such information , on paper or on another durable medium , shall be provided by means of the european standardised information sheet , as set out in annex ii . member states shall ensure that when an offer binding on the creditor is provided to the consumer , it shall be accompanied by an esis . in such circumstances , member states shall ensure that the credit agreement cannot be concluded until the consumer has had sufficient time to compare the offers , assess their implications and take an informed decision on whether to accept an offer , regardless of the means of conclusion of the contract . the creditor and , where applicable , the credit intermediary shall be deemed to have fulfilled the requirements on information provision to the consumer prior to the conclusion of a distance contract as set out in article 3 of directive 2002 / 65 / ec where they have supplied the esis . any additional information which the creditor or where applicable , the credit intermediary , may provide to the consumer shall be given in a separate document which may be annexed to the esis . ### in good time before the consumer is bound by a credit agreement or offer , the creditor and , where applicable , the credit intermediary shall , after the consumer has given the necessary information on his needs , financial situation and preferences in accordance with article 14 , provide the consumer on the basis of the credit conditions offered by the creditor , and where appropriate of the preferences expressed and details supplied by the consumer , with the personalised information needed to compare various offers and take a reasoned decision on whether he wishes to conclude a credit agreement . such information , on paper or on another durable medium , shall be provided by means of the european standardised information sheet , as set out in annex ii . the creditor and , where applicable , the credit intermediary shall be deemed to have fulfilled the requirements on information provision to the consumer prior to the conclusion of a distance contract as set out in article 3 of directive 2002 / 65 / ec where they have supplied the esis . the member states may provide that the consumer is to be supplied with additional information . this , together with any additional information which the creditor or where applicable , the credit intermediary , may provide voluntarily to the consumer , shall be given in a separate document which may be annexed to the esis .


### member states shall ensure that creditors and , where applicable , credit intermediaries provide adequate explanations to the consumer on the proposed credit agreement and any ancillary service , in order to place the consumer in a position enabling him to assess whether the proposed credit agreements are adapted to his needs and financial situation . an adequate explanation shall include the provision of personalised information on the characteristics of the credits on offer , without however formulating any recommendation . creditors and , where applicable , credit intermediaries shall accurately assess the level of knowledge and experience with credit of the consumer by any means necessary so as to enable the creditor or the intermediary to determine the level of explanations to be given to the consumer and adjust such explanations accordingly . ### member states shall ensure that creditors and credit intermediaries provide adequate explanations to the consumer on the proposed credit agreement and any ancillary service , in order to place the consumer in a position enabling him to assess whether the proposed credit agreements are adapted to his needs and financial situation . an adequate explanation shall include the provision of personalised information on the characteristics of the credits on offer , including their costs and risks , without however formulating any recommendation . creditors and credit intermediaries shall assess the level of knowledge and experience with credit of the consumer by any means necessary so as to enable the creditor or the intermediary to determine the level of explanations to be given to the consumer and adjust such explanations accordingly .


### member states shall ensure that creditors and , where applicable , credit intermediaries provide adequate explanations to the consumer on the proposed credit agreement and any ancillary service , in order to place the consumer in a position enabling him to assess whether the proposed credit agreements are adapted to his needs and financial situation . an adequate explanation shall include the provision of personalised information on the characteristics of the credits on offer , without however formulating any recommendation . creditors and , where applicable , credit intermediaries shall accurately assess the level of knowledge and experience with credit of the consumer by any means necessary so as to enable the creditor or the intermediary to determine the level of explanations to be given to the consumer and adjust such explanations accordingly . such adequate explanations shall include an explanation of the information and terms included in the pre - contractual information to be provided in accordance with articles 9 and 10 and of the consequences that concluding the credit agreement may have for the consumer , including in the event of default in payment by the consumer . ### member states shall ensure that creditors and , where applicable , credit intermediaries provide adequate explanations to the consumer , in order to place the consumer in a position enabling him to assess whether the proposed credit agreement is adapted to his needs and financial situation , where appropriate by explaining the pre - contractual information and the information from the esis , the essential characteristics of the products proposed and the specific effects they may have on the consumer , including the consequences of default in payment by the consumer . member states may adapt the manner by which and the extent to which such assistance is given , as well as by whom it is given , to the particular circumstances of the situation in which the credit agreement is offered , the person to whom it is offered and the type of credit offered .


### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding any charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . ### for the purpose of calculating the annual percentage rate of charge , the total of the charges levied by the creditor for his benefit in respect of the conclusion and performance of the credit agreement shall be determined .


### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding any charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . where the opening of an account is obligatory in order to obtain the credit , the costs of maintaining such an account , the costs of using a means of payment for both payment transactions and drawdowns on that account , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer , unless the costs have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer . ### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . the costs of maintaining an account recording both payment transactions and drawdowns , the costs of using a means of payment for both payment transactions and drawdowns , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer unless the opening of the account is optional and the costs related to the account have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer .


### powers are delegated to the commission in accordance with article 26 and subject to the conditions of articles 27 and 28 , to amend the formula and the assumptions used to calculate the annual percentage rate of charge as set out in annex i . the commission shall , when adopting such delegated acts , amend , where necessary , the formula or assumptions laid down in annex i , in particular if the assumptions set out in this article and in annex i do not suffice to calculate the annual percentage rate of charge in a uniform manner or are not adapted any more to the commercial situation at the market . ### powers are delegated to the commission in accordance with article 26 to amend the formula used to calculate the annual percentage rate of charge as set out in annex i . the commission shall , when adopting such delegated acts , amend , where necessary , the formula laid down in annex i .


### member&#160 ; states shall ensure that , before the conclusion of the credit agreement , a&#160 ; thorough assessment of the consumer ' s creditworthiness is conducted by the creditor , based on criteria including the consumer ' s income , savings , debts and other financial commitments . that assessment shall be carried out on the basis of the necessary information , obtained by the creditor or , where applicable , credit intermediary from the consumer and from relevant internal or external sources and shall respect the requirements with regard to necessity and proportionality set out in article 6 of directive 95 / 46 / ec . member&#160 ; states shall ensure that creditors establish appropriate processes to assess the creditworthiness of the consumer . these processes shall be reviewed at regular intervals and up - to - date records of those processes shall be maintained . ### member states shall ensure that , before the conclusion of the credit agreement , the creditor assesses the consumer ' s creditworthiness on the basis of sufficient information , where appropriate obtained from the consumer and , where necessary , on the basis of a consultation of the relevant database . member&#160 ; states shall ensure that creditors establish appropriate processes to assess the creditworthiness of the consumer . these processes shall be reviewed at regular intervals and up - to - date records of those processes shall be maintained .


### where the credit application is rejected on the basis of the data contained , or lack thereof , in a database that has been consulted , the creditor informs the consumer immediately and without charge of the name of the database that was consulted as well as of its controller and of his right to access and , where necessary , his right to rectify his data in that database . ### if the credit application is rejected on the basis of a database consultation , the creditor informs the consumer immediately and without charge of the result of such consultation and of the particulars of the database consulted .


### member states shall ensure that , where the parties consider increases in the total amount of credit extended to the consumer after the conclusion of the credit agreement , the financial information at the disposal of the creditor concerning the consumer is updated and the consumer ' s creditworthiness re - assessed before any significant increase in the total amount of credit is granted . ### member states shall ensure that , where the consumer asks for an increase in the total amount of credit after the conclusion of the credit agreement , the financial information at the disposal of the creditor concerning the consumer is updated and the consumer ' s creditworthiness re - assessed before any significant increase in the total amount of credit is granted .


### for the purposes of this directive , ' advice ' constitutes a separate service from the granting of a credit . such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer . ### for the purposes of this directive , ' advice ' constitutes a separate service from the granting of a credit . a separate charge for advice can only be made if the consumer has been informed of the requirement to pay a charge and of method used for its calculation .


### member states shall ensure that the creditor or credit intermediary informs the consumer , in the context of a given transaction , whether or not advice is being or will be provided . this may be done through additional pre - contractual information . where advice is provided to consumers , in addition to the requirements set out in articles 5 and 6 , member states shall ensure that creditors and credit intermediaries : ### member states shall ensure that the creditor or credit intermediary informs the consumer , in the context of a given transaction , whether advice will be provided to him and , if applicable , indicates the fee payable by the consumer for the provision of that advice . this may be done through additional pre - contractual information . where advice is provided to consumers , in addition to the requirements set out in articles 5 and 6 , member states shall ensure that creditors and credit intermediaries :


### consider a sufficiently large number of credit agreements available on the market so as to enable the recommendation of the most suitable credit agreements for the consumer ' s needs , financial situation and personal circumstances ; ### consider a sufficiently large number of credit agreements available so as to enable the recommendation of the most suitable credit agreements for the consumer ' s needs , financial situation and personal circumstances , and where appropriate inform the consumer if they are considering only their own range of products ;


### member states shall ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract . ### member states shall ensure that the consumer has a statutory or contractual right to discharge fully or partially his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract .


### credit intermediaries shall be duly authorised to carry out the activities set out in article 3 by a competent authority as defined in article 4 in their home member state . such authorisation shall be granted on the basis of requirements established in the home member state of the credit intermediary and shall include the fulfilment of the professional requirements laid down in article 20 . ### credit intermediaries shall be duly authorised or registered with a competent authority as defined in article 4 in their home member state to carry out the activities set out in article 3 . such authorisation or registration shall be granted on the basis of requirements established in the home member state of the credit intermediary and shall include the fulfilment of the requirements laid down in articles 6 and 21 . what is later on provided for regarding authorisation , applies to registration .


### without prejudice to procedures for the withdrawal of authorisation or to the right of member&#160 ; states to impose criminal sanctions , member&#160 ; states shall ensure , in conformity with their national law , that appropriate administrative measures can be taken or administrative sanctions imposed against persons responsible where the provisions adopted in the implementation of this directive have not been complied with . member&#160 ; states shall ensure that these measures are effective , proportionate and dissuasive . member states shall provide for penalties in particular cases where consumers knowingly provide incomplete or incorrect information in order to obtain a positive creditworthiness assessment where the complete and correct information would have resulted in a negative creditworthiness assessment , and are subsequently unable to fulfil the conditions of the agreement , and shall take all measures necessary to ensure that they are implemented . ### member states shall impose sanctions for infringements of the national provisions adopted on the basis of this directive and shall take all measures necessary to ensure that they are implemented . those sanctions shall be effective , proportionate and dissuasive .


### member states shall ensure that appropriate and effective complaints and redress procedures are established for the out - of - court settlement of disputes concerning rights and obligations established under this directive between creditors and consumers and between credit intermediaries and consumers , using existing bodies where appropriate . member states shall further ensure that all creditors and credit intermediaries adhere to one or more such bodies implementing such complaint and redress procedures . ### member states shall ensure that appropriate , independent , balanced and effective complaints and redress procedures are established for the out - of - court settlement of disputes concerning rights and obligations established under this directive between creditors and consumers and between credit intermediaries and consumers . existing bodies may be used if they are neutrally set and balanced . member states shall further ensure that all creditors and credit intermediaries adhere to one or more such bodies implementing such complaint and redress procedures .


### member states shall ensure that appropriate and effective complaints and redress procedures are established for the out - of - court settlement of disputes concerning rights and obligations established under this directive between creditors and consumers and between credit intermediaries and consumers , using existing bodies where appropriate . member states shall further ensure that all creditors and credit intermediaries adhere to one or more such bodies implementing such complaint and redress procedures . ### member states shall ensure that appropriate and effective out - of - court dispute resolution procedures are put in place for the settlement of consumer disputes concerning credit agreements , using existing bodies where appropriate .


### member states shall ensure that these bodies actively cooperate in the resolution of cross - border disputes . ### member states shall encourage these bodies to cooperate so that cross - border disputes concerning credit agreements can also be resolved .


### the powers to adopt delegated acts referred to in articles 6 , 8 , 9 , 10 , 14 and 16 shall be conferred on the commission for an indeterminate period of time following the entry into force of this directive . 2 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3 . the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in articles 27 and 28 . ### the power to adopt delegated acts shall be conferred on the commission subject to the&#160 ; conditions laid down in this article . 2 . the power to adopt delegated acts referred to in article 9 and and article 12 shall be conferred on the commission for an indeterminate period of time from…* . 3 . the delegation of powers referred to in article 9 and and article 12 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision to revoke in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 3a . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3b . a delegated act adopted pursuant to article 9 and and article 12 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and to the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . at the initiative of the european parliament or the council that period shall be extended by two months . _______________ the date of entry into force of this directive .


### imperative nature of this directive ### harmonisation and imperative nature of this directive


### member states shall take the necessary measures to ensure that consumers do not lose the protection granted by this directive by virtue of the choice of the law of a third country as the law applicable to the credit agreement . ### member states shall take the necessary measures to ensure that consumers do not lose the protection granted by this directive by virtue of the choice of the law of a third country as the law applicable to the credit agreement , if the credit agreement has a close link with the territory of one or more member states .


### for credit agreements for which a fixed borrowing rate is agreed in relation to the initial period , at the end of which a new borrowing rate is determined and subsequently periodically adjusted according to an agreed indicator , the calculation of the annual percentage rate shall be based on the assumption that , at the end of the fixed borrowing rate period , the borrowing rate is the same as at the time of calculating the annual percentage rate , based on the value of the agreed indicator at that time . ### for credit agreements for which a fixed borrowing rate is agreed in relation to the initial period , at the end of which a new borrowing rate is determined and subsequently periodically adjusted according to an agreed indicator , the calculation of the annual percentage rate shall be based on the assumption that , at the end of the fixed borrowing rate period , the borrowing rate is the same as at the time of calculating the annual percentage rate , based on the value of the agreed indicator at that time , but is not less than the fixed borrowing rate .


### this document was produced on [ current date ] in reply to your request for information . this document does not constitute an obligation for us to grant you a loan . ### this document was produced on [ current date ] in reply to your request for information . this document does not constitute a legally binding offer or an obligation for us to grant you a loan .


### lender ### creditor and the credit intermediary


### interest rate the aprc is the total cost of the loan expressed as an annual percentage . the aprc is provided to help you to compare different offers . the aprc applicable to your loan is [ aprc ] . it comprises : interest rate [ value in percentage ] [ other components of the aprc ] ### interest rate the aprc is the total cost of the loan expressed as an annual percentage . the aprc is provided to help you to compare different offers . the aprc applicable to your loan is [ aprc ] . it comprises : borrowing rate [ value in percentage ] [ other components of the aprc ]


### amount of each instalment ### for repayment loan , amount of each instalment


### the interest rate of this loan does not remain fixed during the whole duration of the loan . ### the interest rate of this loan does not remain fixed during the whole duration of the loan . it may increase significantly once the fixed interest rate period has lapsed .


### you will also need to pay other taxes and costs , e . g . notary fees . ### you will also need to pay other taxes and credit protection costs , e . g . registration fees , notary fees .


### in completing the esis , the following instructions shall be followed : ### in completing the esis , the following instructions shall be followed , and information should be provided in plain , clear language comprehensible to an average consumer :


### in addition to the interest rate , all the other costs contained in the aprc shall be listed . where providing a percentage rate for each of those costs is not possible or does not make sense , the creditor shall provide a&#160 ; global percentage rate . ### in addition to the borrowing rate , all the other costs contained in the aprc shall be listed . where providing a percentage rate for each of those costs is not possible or does not make sense , the creditor shall provide a&#160 ; global percentage rate . where a fixed borrowing rate is agreed in relation to the initial period , at the end of which the borrowing rate is adjusted according to an agreed indicator , your attention is drawn to the fact that the borrowing rate and the aprc may significantly exceed the fixed borrowing rate and the original aprc .


### where an exit charge will be applied to the early repayment , the creditor shall draw the borrower’s attention to this and indicate its amount . in cases where the amount of the exit charge would depend on different factors , such as the amount repaid or the prevailing interest rate at the moment of the early repayment , the creditor shall indicate how the exit charge will be calculated . the creditor shall then provide at least two illustrative examples in order to demonstrate to the borrower the level of the exit charge under different possible scenarios . ### where compensation will be payable in respect of the early repayment , the creditor shall draw the borrower’s attention to this and indicate its amount . in cases where the amount of the compensation would depend on different factors , such as the amount repaid or the prevailing interest rate at the moment of the early repayment , the creditor shall indicate how the compensation will be calculated . the creditor shall then provide at least two illustrative examples in order to demonstrate to the borrower the level of the compensation under different possible scenarios .


### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ' community trade mark ' by ' european trade mark ' . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ' office for harmonisation in the internal market ' should be replaced by ' european union trade marks and designs agency ' . ### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european union trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ' office for harmonisation in the internal market ' should be replaced by ' european union trade marks and designs agency ' .


### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks , the requirement of graphic representability should be deleted from the definition of a european trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection . ### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks , the requirement of graphic representability should be deleted from the definition of a european trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , with the requirement that it be possible to represent the sign , when published and inscribed in the register , in a way that enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combating counterfeiting more effectively , the proprietor of a registered trade mark , assisted by the national authorities , should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods .


### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union , where it is only the consignor of the goods who acts for commercial purposes . ### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor , assisted by the national authorities , should be entitled to prohibit the importing of such goods into the union , where it is only the consignor of the goods who acts for commercial purposes .


### in order to ensure an effective and efficient method to resolve disputes , to ensure consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions on a simple subject matter , and the effective and efficient organisation of the boards of appeal , and to guarantee an appropriate and realistic level of fees to be charged by the agency , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the details on the languages to be used before the agency , the cases where opposition and cancellation decisions should be taken by a single member , the details on the organisation of the boards of appeal , the amounts of the fees to be paid to the agency and details related to their payment . ### in order to ensure an effective and efficient method to resolve disputes , to ensure consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions on a simple subject matter , and the effective and efficient organisation of the boards of appeal , and to guarantee an appropriate and realistic level of fees to be charged by the agency , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the rules for applying the language regime to be used in the agency , the cases where opposition and cancellation decisions should be taken by a single member , the details on the organisation of the boards of appeal , the amounts of the fees to be paid to the agency and details related to their payment .


### being represented in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor . ’ ; ### being represented in a manner which enables the competent authorities and the public to determine clearly and exactly the subject of the protection afforded to its proprietor . ’ ;


### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ’ ; ### the proprietor of a registered trade mark , assisted by the national authorities , shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union where the trade mark is registered without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ’ ;


### an application for a european trade mark shall be filed at the agency . ’ ; ### an application for a european trade mark shall be filed at the agency or at the office . ’ ;


### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to payment of the application fee for which the order for payment shall have been given at the latest on that date . ’ ; ### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency or the office by the applicant , subject to payment of the application fee for which the order for payment shall have been given at the latest on that date . ’ ;


### the agency may provide voluntary mediation services for the purpose of assisting parties in reaching an amicable settlement . ### the agency may provide online and offline voluntary mediation services for the purpose of facilitating access to alternative dispute resolution procedures and promoting amicable settlement of disputes , including under directive 2008 / 52 / ec of the european parliament and of the council of 21 may 2008 on certain aspects of mediation in civil and commercial matters1 . _____________ 1 oj l 136 , 24 . 5 . 2008 , p . 3 .


### the management board shall be composed of one representative of each member state and two representatives of the commission and their alternates . ### the management board shall be composed of one representative of each member state , one representative of the commission , and one representative of the european parliament , and their alternates .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board . ### the executive director shall be appointed by the management board from a list of at least three candidates proposed following an open and transparent selection procedure by a selection committee made up of two representatives of the member states and representatives of the commission and the european parliament . before being appointed , the candidate selected by the management board may be invited to make a statement before a competent european parliament committee and to answer questions put by its members . for the purpose of concluding a contract with the executive director , the agency shall be represented by the chairperson of the management board .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the european commission . ### the removal from office of the executive director may only take place upon a decision of the management board , reached by a two - thirds majority of its members and acting on a proposal from the european commission or the european parliament .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the executive director and the agency ' s future tasks and challenges . ### the executive director shall hold office for a term of five years . the executive director’s term of office may be extended once by the management board , for a single period of five years or until the age of retirement , if this is reached during the course of the term of office .


### the amounts of the fees referred to in paragraph 1 shall be fixed at such level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses . without prejudice to article 139 , the commission shall review the level of fees should a significant surplus become recurrent . if this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus , the surplus accumulated after the review shall be transferred to the budget of the union . ### the amounts of the fees referred to in paragraph 1 shall be fixed at such a level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses . without prejudice to article 139 , the commission shall revise the level of fees downwards should a significant surplus become recurrent . any significant surplus accumulated in spite of such revision shall be used to promote and improve the european trade mark system .


### the general objective of the programme shall be to contribute to the creation of an area , where the rights of persons , as enshrined in the treaty on the functioning of the european union and the charter of fundamental rights of the european union , are promoted and protected . ### the general objective of the programme shall be to further develop an area , where the rights of persons , as enshrined in the treaty on the functioning of the european union and the charter of fundamental rights of the european union , are promoted and protected .


### to achieve the general objective set out in article 3 , the programme shall have the following specific objectives : to contribute to enhancing the exercise of rights deriving from the citizenship of the union ; to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; to contribute to ensuring a high level of protection of personal data ; to enhance the respect of the rights of the child ; to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the union consumer legislation and by supporting the freedom to conduct business in the internal market through cross - border transactions . ### to achieve the general objective set out in article 3 , the programme shall have the following specific objectives : to contribute to enhancing the exercise of rights deriving from the citizenship of the union ; to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men , and gender mainstreaming , and the rights of persons with disabilities and of the elderly ; to contribute to ensuring a high level of protection of personal data ; to enhance the respect of the rights of the child , protection of children , young people and women against all forms of violence , fight against trafficking in human beings and sexual exploitation . to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the union consumer legislation and by supporting the freedom to conduct business in the internal market through cross - border transactions .


### the indicators to measure the achievement of the objectives set out in paragraph 1 shall be , inter alia , the european perception of the respect , exercise and implementation of these rights and the number of complaints . ### the indicators to measure the achievement of the objectives set out in paragraph 1 shall be , inter alia , the european perception of the respect , exercise and implementation of these rights , improved position of member states in internationally recognized human rights indices , and the number of sucessfully resolved complaints .


### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ; ### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ;


### the commission , in cooperation with the member states , shall ensure overall consistency and complementarity and synergies with other union instruments , inter alia , with the justice programme , the europe for citizens programme and with programmes in the areas of home affairs ; employment and social affairs ; health and consumer protection ; education , training , youth and sport ; information society ; enlargement , in particular the instrument for pre - accession assistance and the funds operating under the common strategic framework . ### the commission , in cooperation with the member states , shall ensure overall consistency and complementarity and synergies with other union instruments , inter alia , with the justice programme , the europe for citizens programme and with programmes in the areas of home affairs ; employment and social affairs ; health and consumer protection ; education , training , youth and sport ; information society ; enlargement , in particular the instrument for pre - accession assistance and the funds operating under the common strategic framework . the commission shall also ensure overall consistency , complementarity and synergies with the eu agencies whose mandates cover the same domains as the programme .


### the programme may share resources with other union instruments , in particular the justice programme , in order to implement actions meeting the objectives of both programmes . an action for which funding has been awarded from the programme may also give rise to the award of funding from the justice programme , provided that the funding does not cover the same cost items . ### the programme may share resources with other union instruments , in particular the justice programme , in order to implement actions meeting the objectives of both programmes . an action for which funding has been awarded from the programme may also give rise to the award of funding from the justice programme , provided that the funding does not cover the same cost items . the double - sourcing of funds should be avoided by clearly indicating the sources of funding for each category of expenditure , in line with the principle of sound financial management .


### support for measures necessary to start the rehabilitation and reconstruction of key infrastructure , housing , public buildings and economic assets , as well as essential productive capacity , as well as other measures for the re - starting of economic activity and the generation of employment and the establishment of the minimum conditions necessary for sustainable social development ; ### support for measures necessary to start the rehabilitation and reconstruction of key infrastructure , housing , public buildings and economic assets , as well as essential productive and trade capacity , as well as other measures for the re - starting of economic activity and the generation of employment and the establishment of the minimum conditions necessary for sustainable social development ;


### measures under this point shall include know - how transfer , the exchange of information and best practices , risk / threat assessment , research and analysis , early warning systems , training and service delivery . measures may also include financial and technical assistance for the implementation of peace building and state building support actions . ### measures under this point shall include know - how transfer , the exchange of information and best practices , risk / threat assessment , research and analysis , early warning systems , support for the collection , analysis and use of macroeconomic information and data to anticipate or identify crisis situations , training and service delivery . measures may also include financial and technical assistance for the implementation of peace building and state building support actions .


### having regard to the treaty on the functioning of the european union , and in particular article 50 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 50 and thereof ,


### article 6 the laws of the member states shall require that , in order that a company may be incorporated or obtain authorisation to commence business , a minimum capital shall be subscribed the amount of which shall be not less than eur 25&#160 ; 000 . 2 . every five years the european parliament and the council , acting on a proposal from the commission , shall examine and , if need be , revise the amount expressed in paragraph 1 in euro in the light of economic and monetary trends in the union and of the tendency towards allowing only large and medium - sized undertakings to opt for the types of company listed in annex i . ### article 6 the laws of the member states shall require that , in order that a company may be incorporated or obtain authorisation to commence business , a minimum capital shall be subscribed the amount of which shall be not less than eur 25&#160 ; 000 . 2 . every five years the european parliament and the council , acting on a proposal from the commission in accordance with article 50 and of the treaty on the functioning of the european union , shall examine and , if need be , revise the amount expressed in paragraph 1 in euro in the light of economic and monetary trends in the union and of the tendency towards allowing only large and medium - sized undertakings to opt for the types of company listed in annex i .


### proposal for a regulation the union financial assistance shall be equal to the amount of the financial contributions referred to in point of article&#160 ; 30 as actually paid and limited to&#160 ; 50&#160 ; % of the actual expenditure incurred . ### the union financial assistance shall be equal to the amount of the financial contributions referred to in point of article&#160 ; 30 as actually paid and limited to&#160 ; 60&#160 ; % of the actual expenditure incurred .


### proposal for a regulation however , that percentage may be increased to 4 , 6 % of the value of the marketed production provided that the amount in excess of 4 , 1 % of the value of the marketed production is used solely for crisis prevention and management measures . ### however , that percentage may be increased to 5 % of the value of the marketed production provided that the amount in excess of 4 , 1 % of the value of the marketed production is used solely for crisis prevention and management measures .


### proposal for a regulation to the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with article&#160 ; 218 of the treaty , the difference between those quotations or prices and prices in the union may be covered by export refunds for : ### the export refunds referred to in this chapter shall only be used in connection with article 154 . to the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with article&#160 ; 218 of the treaty , the difference between those quotations or prices and prices in the union may be covered by export refunds for :


### taking into account the need to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market , the commission shall be empowered to adopt delegated acts in accordance with article 160 to take the necessary measures for the sector concerned , respecting any obligations resulting from agreements concluded in accordance with article 218 of the treaty . ### taking into account the need to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets , the commission shall be empowered to adopt delegated acts in accordance with article 160 to take the necessary measures for the sector concerned , respecting any obligations resulting from agreements concluded in accordance with article 218 of the treaty .


### where in the cases of threats of market disturbances referred to in the first subparagraph , imperative grounds of urgency so require , the procedure provided for in article 161 of this regulation shall apply to delegated acts adopted pursuant to this paragraph . ### where in the cases of market disturbances referred to in the first subparagraph , imperative grounds of urgency so require , the procedure provided for in article 161 of this regulation shall apply to delegated acts adopted pursuant to this paragraph .


### the european union has been providing development cooperation aid since 1957 and is the largest donor of official development aid in the world . ### the european union has been providing development cooperation aid since 1957 and is the largest donor of official development aid in the world . eu external action needs to be visible and clear concerning the role and empowerment of women and girls in third countries .


### 2015 should be an emblematic and pivotal year , being the last year for achieving the collectively agreed millennium development goals and thus offering a unique opportunity to take stock of the international commitments from 2000 . 2015 will also be the year in which a major international decision should be taken on the development framework that will replace the mdg framework over the coming decades . ### 2015 should be an emblematic and pivotal year , being the last year for achieving the collectively agreed millennium development goals and thus offering a unique opportunity to take stock of the international commitments from 2000 , including commitments containing a strong focus on gender equality and women ' s empowerment which are essential to the attainment of the millennium development goals . 2015 will also be the year in which a major international decision should be taken on the development framework that will replace the mdg framework over the coming decades .


### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules . the relevant case - law of the court of justice of the european union is interpreted divergently between member states and even between contracting authorities . it is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules . however , the application of public procurement rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks . contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition . ### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules . the relevant case - law of the court of justice of the european union is interpreted divergently between member states and even between contracting authorities . it is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules . however , the application of public procurement rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks . contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . cooperation between public service broadcasters and between public service broadcasters and their subsidiaries should be exempt from these regulations , insofar as they are subject to the specific european competition rules , in order to prevent any distortion of competition . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition .


### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice should only be used in very exceptional circumstances . this exception should be limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly . ### in view of the detrimental effects on competition , negotiated procedures without prior publication of a contract notice are only to be used in very exceptional circumstances and under the threshold as set out in article 4 and with adequate justification . this exception is limited to cases where publication is either not possible , for reasons of force majeure in line with the standing case - law of the court of justice of the european union , or where it is clear from the outset that publication would not trigger more competition , not least because there is objectively only one economic operator that can perform the contract . only situations of objective exclusivity can justify the use of the negotiated procedure without publication , where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure , and where there are no adequate substitutes , the availability of which should be assessed thoroughly .


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


### ‘ bodies governed by public law’ means bodies that have all of the following characteristics : ### ‘ a body governed by public law’ means a body that has all of the following characteristics :


### they are established for or have the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### it is established for the specific purpose of meeting needs in the general interest , not having a merely industrial and commercial character ;


### they have legal personality ; ### it has legal personality ;


### ‘ public supply contracts’ means public contracts having as their object the purchase , lease , rental or hire - purchase , with or without an option to buy , of products . a public supply contract may include , as an incidental matter , siting and installation operations ; ### ‘ public supply contracts’ means public contracts having as their object the purchase , lease , rental or hire - purchase , with or without an option to buy , of products . a public supply contract may include the provision of supplies broken down into various instalments . a supply contract may include , as an incidental matter , siting and installation operations ;


### the acquisition , development , production or co - production of programme material intended for audiovisual media services , that are awarded by broadcasters , or contracts for broadcasting time that are awarded to audiovisual media service providers ; ### the acquisition , development , production or co - production of programme material intended for audio and audiovisual media services , that are awarded by broadcasters , as well as associated preparatory services , and contracts for the broadcasting or distribution and transmission of media services ;


### for arbitration and conciliation services ; ### for legal , arbitration and conciliation services ;


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , in particular transactions to enable contracting authorities to raise money or capital , as well as central bank services and operations conducted with the european financial stability facility ;


### the audiovisual media services referred to in point of the first paragraph shall include any transmission and distribution using any form of electronic network . ### the audio and audiovisual media services referred to in point of the first paragraph shall include any transmission and distribution using any form of electronic network .


### member states may provide that contracting authorities may award public contracts by a negotiated procedure without prior publication only in the cases laid down in paragraphs to . ### member states may provide that contracting authorities may award public contracts by a negotiated procedure without prior publication only in the cases laid down in paragraphs to and for amounts below eur 500 000 for public works contracts and amounts below eur 100 000 for public supply and services contracts .


### contracting authorities may authorise tenderers to submit variants . they shall indicate in the contract notice or , where a prior information notice is used as a means of calling for competition , in the invitation to confirm interest whether or not they authorise variants . variants shall not be authorised without such indication . ### contracting authorities may authorise tenderers to submit variants which do not exceed 1 / 6 of the total agreed price . they shall indicate in the contract notice or , where a prior information notice is used as a means of calling for competition , in the invitation to confirm interest whether or not they authorise variants . variants shall not be authorised without such indication .


### public contracts may be subdivided into homogenous or heterogeneous lots . for contracts with a value equal to or greater than the thresholds provided for in article&#160 ; 4 but not less than eur&#160 ; 500&#160 ; 000 , determined in accordance with article&#160 ; 5 , where the contracting authority does not deem it appropriate to split into lots , it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons . ### public contracts may be subdivided into homogenous or heterogeneous lots . for contracts with a value equal to or greater than the thresholds provided for in article&#160 ; 4 but not less than eur&#160 ; 500&#160 ; 000 , determined in accordance with article&#160 ; 5 , shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons regarding the division or non - division into lots .


### notices referred to in article 46 and article 47 shall be published in full in an official language of the union as chosen by the contracting authority . that language version shall constitute the sole authentic text . a summary of the important elements of each notice shall be published in the other official languages . ### notices referred to in article 46 and article 47 shall be published in full in an official language of the union as chosen by the contracting authority . that language version shall constitute the sole authentic text .


### with regard to criteria relating to economic and financial standing as set out pursuant to article 56 , and to criteria relating to technical and professional ability as set out pursuant to article 56 , an economic operator may , where appropriate and for a particular contract , rely on the capacities of other entities , regardless of the legal nature of the links which it has with them . it shall in that case prove to the contracting authority that it will have at its disposal the resources necessary , for example , by producing an undertaking by those entities to that effect . in the case of economic and financial standing , the contracting authorities may require that the economic operator and those entities are jointly liable for the execution of the contract . ### with regard to criteria relating to economic and financial standing as set out pursuant to article 56 , and to criteria relating to technical and professional ability as set out pursuant to article 56 , an economic operator may , where appropriate and for a particular contract , rely only on the material capacities of other entities , without disregarding the legal nature of the links which it has with them . it shall in that case prove to the contracting authority that it will have at its disposal the resources necessary , for example , by producing an undertaking by those entities to that effect . the contracting authorities require that the economic operator and those entities are jointly liable for the execution of the contract .


### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the contracting authority shall assess the most economically advantageous tender referred to in paragraph 1 , on the basis of criteria linked to the subject - matter of the public contract in question . in addition to the price and costs , assessed solely on the basis of a cost - effectiveness approach , as in the determination of the life - cycle costs in compliance with the stipulations of article 67 , the following examples shall feature among the criteria :


### in the case referred to in point of paragraph 1 the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender .


### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied where life - cycle costing is included in the award criteria referred to in article 66 . ### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied in accordance with the award criterion referred to in article 66 .


### contracting authorities shall require economic operators to explain the price or costs charged , where all of the following conditions are fulfilled : ### contracting authorities shall require economic operators to explain the price or costs charged , where the price or costs charged are more than 25&#160 ; % lower than the average price or average costs of the remaining tenders .


### where tenders appear to be abnormally low for other reasons , contracting authorities may also request such explanations . ### where tenders appear to be abnormally low for other reasons , contracting authorities shall also request such explanations .


### the explanations referred to in paragraphs 1 and 2 may in particular relate to : ### the explanations referred to in paragraphs 1 and 2 relate in particular to :


### the member states may provide that , at the request of the subcontractor and where the nature of the contract so allows , the contracting authority shall transfer due payments directly to the subcontractor for services , supplies or works provided to the main contractor . in such case , member states shall put in place appropriate mechanisms permitting the main contractor to object to undue payments . the arrangements concerning that mode of payment shall be set out in the procurement documents . ### the member states provide that , where the nature of the contract so allows , the contracting authority shall transfer due payments directly to the subcontractor for services , supplies or works provided to the main contractor . in such case , member states shall put in place appropriate mechanisms permitting the main contractor to object to undue payments . the arrangements concerning that mode of payment shall be set out in the procurement documents .


### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 4 and where it is below 5 % of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications . ### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 4 and where it is below 10 % of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications .


### the notices referred to in paragraphs 1 and 2 shall contain the information referred to in annexes vi part h and i , in accordance with the standard forms . ### the notices referred to in paragraph 2 shall contain the information referred to in annexes vi part i .


### the notices referred to in paragraphs 1 and 2 shall be published in accordance with article 49 . ### the notices referred to in paragraph 2 shall be published in accordance with article 49 .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### in accordance with their national or federal structure , member states shall appoint independent bodies responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation .


### c ) issuing own - initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules , on recurring questions and on systemic difficulties related to the application of public procurement rules , in the light of the provisions of this directive and of the relevant case - law of the court of justice of the european union ; ### elaborate guidelines on questions of general interest pertaining to the interpretation and application of public procurement rules , on recurring questions and on systemic difficulties related to the application of public procurement rules , in the light of the provisions of this directive and of the relevant case - law of the court of justice of the european union ;


### protection and promotion of cultural heritage and landscapes , which are an integral part of the cultural diversity that the union is committed to respect and promote in accordance with article 167 of the treaty on the functioning of the european union , can usefully build on definitions and principles developed in relevant council of europe conventions , in particular the convention for the protection of the architectural heritage of europe , the european landscape convention and the framework convention on the value of cultural heritage for society . ### protection and promotion of cultural heritage and landscapes , which are an integral part of the cultural diversity that the union is committed to respect and promote in accordance with article 167 of the treaty on the functioning of the european union , can usefully build on definitions and principles developed in relevant council of europe conventions , in particular the convention for the protection of the architectural heritage of europe , the european landscape convention , the framework convention on the value of cultural heritage for society and the international recommendation concerning the safeguarding and contemporary role of historic areas adopted in nairobi in 1976 by unesco .


### experience has shown that in cases of civil emergency compliance with the provisions of directive 2011 / 92 / eu may have adverse effects , and provision should therefore be made to authorise member states not to apply that directive in appropriate cases . ### experience has shown that in cases of civil emergency compliance with the provisions of directive 2011 / 92 / eu may have adverse effects , and provision should therefore be made to authorise member states not to apply that directive in appropriate cases . in this respect , the directive should take into account the provisions of the espoo convention , which , in cases of cross - border projects , obliges the participating states to notify and consult each other . in such cross - border projects , the commission should , where and when appropriate and possible , play a more pro - active and facilitating role .


### the competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report . in order to improve the quality of the assessment and streamline the decision - making process , it is important to specify at union level the categories of information on which the competent authorities should make that determination . ### the competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report . in order to improve the quality of the assessment , the simplification of the procedures and streamline the decision - making process , it is important to specify at union level the categories of information on which the competent authorities should make that determination .


### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . ### ' environmental impact assessment ' shall mean the process of preparing an environmental report , the verification by the competent authority , the taking into account of the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 .


### ' environmental impact assessment ' shall mean the process of preparing an environmental report , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with articles 5 to 10 . ### ' environmental impact assessment ' shall mean the process of preparing an environmental report including the consideration of reasonable alternatives , carrying out consultations , the assessment by the competent authority , taking into account the environmental report and the results of the consultations in the development consent procedure , laying down measures to monitor significant adverse environmental effects and mitigation and compensation measures as well as the provision of information on the decision in accordance with articles 5 to 10 .


### member states may decide , on a case - by - case basis and if so provided under national law , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes . ### member states may decide , on a case - by - case basis , not to apply this directive to projects having as their sole purpose national defence or the response to civil emergencies , if they deem that such application would have an adverse effect on those purposes .


### projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant union legislation . ### in the case of projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other union legislation member states shall seek to introduce coordinated or joint procedures fulfilling the requirements of the relevant union legislation where this seems appropriate .


### the environmental impact assessment shall identify , describe and assess in an appropriate manner , in the light of each individual case and in accordance with articles 4 to 11 , the direct and indirect significant effects of a project on the following factors : ### the environmental impact assessment shall , in the light of each individual case , in accordance with articles 5 to 10 and in an appropriate manner identify and describe the relevant direct and indirect effects of a project on the following factors and assess if those effects are significant :


### material assets , cultural heritage and the landscape ; ### material assets and the cultural heritage ;


### for projects listed in annex ii , the developer shall provide information on the characteristics of the project , its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects . the detailed list of information to be provided is specified in annex ii . a . ### for projects listed in annex ii , the developer shall , where necessary and appropriate , provide information on the characteristics of the project , its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects .


### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment . the detailed list of selection criteria to be used is specified in annex iii . ### when a case - by - case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2 , the relevant selection criteria set out in annex iii shall be taken into account .


### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### the competent authority shall make its determination pursuant to paragraph 2 , on the basis of the information provided by the developer pursuant to paragraph 3 and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the determination pursuant to paragraph 2 shall :


### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall : ### the competent authority shall make its decision pursuant to paragraph 2 , on the basis of the information provided by the developer and taking into account , where relevant , the results of studies with which it is familiar , preliminary verifications or assessments of the effects on the environment arising from other union legislation . the decision pursuant to paragraph 2 shall :


### the competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected . ### member states shall ensure that the competent authority makes its determination pursuant to paragraph 2 within three months from the moment the developer has submitted all the requisite information pursuant to paragraph 3 . depending on the nature , complexity , location and size of the proposed project , the competent authority may extend that deadline by a further 3 months ; in that case , the competent authority shall inform the developer of the reasons justifying the extension .


### where an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall prepare an environmental report . the environmental report shall be based on the determination pursuant to paragraph 2 of this article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project , taking into account current knowledge and methods of assessment , the characteristics , technical capacity and location of the project , the characteristics of the potential impact , alternatives to the proposed project and the extent to which certain matters are more appropriately assessed at different levels including the planning level , or on the basis of other assessment requirements . the detailed list of information to be provided in the environmental report is specified in annex iv . ### when an environmental impact assessment must be carried out in accordance with articles 5 to 10 , the developer shall submit an environmental report . the environmental report shall include the information and assessments specified in annex iv . when preparing the environmental report , the developer shall include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project and shall take into account : the opinion , given by the competent authority pursuant to paragraph 2 , on the scope and level of detail of the information to be supplied by the developer ; current knowledge and methods of assessment .


### to guarantee the completeness and sufficient quality of the environmental reports referred to in article 5 : ### to guarantee the completeness and sufficient quality of the environmental report , the environmental report shall be verified by technically competent experts , committees of experts or by a competent authority .


### the results of consultations and the information gathered pursuant to articles 5 , 6 and 7 shall be taken into consideration in the development consent procedure . to this end , the decision to grant development consent shall contain the following information : ### the results of consultations and the information gathered pursuant to articles 5 , 6 and 7 shall be taken into consideration in the development consent procedure . the decision to grant development consent shall include the following information :


### a statement summarising how environmental considerations have been integrated into the development consent and how the results of the consultations and the information gathered pursuant to articles 5 , 6 and 7 have been incorporated or otherwise addressed . ### a statement summarising how environmental considerations have been integrated into the development consent and how the environmental report and the results of the consultations and the information gathered pursuant to articles 5 , 6 and 7 have been incorporated or otherwise addressed .


### when a decision to grant or refuse development consent has been taken , the competent authority or authorities shall inform the public and the authorities referred to in article 6 thereof , in accordance with the appropriate procedures , and shall make available to the public the following information : ### when a decision to grant or refuse development consent has been taken , the competent authority or authorities shall inform the public and the authorities referred to in article 6 thereof , in accordance with the national procedures , and shall make the decision available to the public and to the authorities referred to in article 6 in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information .


### when a decision to grant or refuse development consent has been taken , the competent authority or authorities shall inform the public and the authorities referred to in article 6 thereof , in accordance with the appropriate procedures , and shall make available to the public the following information : ### when a decision to grant or refuse development consent , or other decision issued for the purpose of fulfilling the requirements of this directive , has been taken , the competent authority or authorities shall inform the public and the authorities referred to in article 6 thereof , in accordance with the appropriate procedures , and shall make available to the public the following information :