### it is necessary to develop strong and coherent eu - wide networks for the digital delivery of public - good actions , involving both public and civil society actors at national and regional level , and to this end it is essential to ensure the structured eu financing of the costs of the system and software design , as well as maintenance of a resilient hub for such networks , leaving only in - country costs for national operator budgets . ### it is necessary to develop strong and coherent eu - wide networks for the digital delivery of public - good actions , involving both public and civil society actors at national and regional level , and to this end it is essential to ensure the structured eu financing of the costs of the system and software design , as well as maintenance of a resilient hub for such networks , leaving only in - country costs for national operator budgets . in order to complete the digital single market , close cooperation and coordination of activities under the cef programme with the national and regional broadband actions shall be ensured .


### ensuring sustainable and efficient transport in the long run , to be measured by the length of the conventional railway network in the eu - 27 and the length of high - speed railway network in the eu - 27 ; ### ensuring sustainable and efficient transport in the long run , to be measured by the length of the railway and waterways network created or improved by means of this regulation in the eu - 27 and by the number of motorways of the sea created ;


### in the field of telecommunication , all actions implementing the projects of common interest and programme support actions set out in the annex of the regulation no xxxx / 2012 [ infso guidelines ] shall be eligible to receive union financial aid in the form of a grant , procurement and financial instruments under this regulation . ### in the field of telecommunication , only actions contributing to projects of common interest in accordance with regulation no xxx / 2012 [ telecom infrastructure guidelines ] , shall be eligible for support through union financial aid in the form of grants for generic services and horizontal priorities , including programme support actions , in the form of grants and procurement for core service platforms . actions in the field of broadband deployment , including actions generating demand for broadband , shall be eligible for union financial support in the form of financial instruments .


### acting in accordance with the procedure referred to in paragraph 1 , the commission , when establishing multiannual and sectoral annual work programmes , shall establish the selection and award criteria in line with the objectives and priorities laid down : for transport in regulation no xxxx / 2012 [ ten - t guidelines ] ; for energy in regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] ; for telecommunications in regulation no xxxx / 2012 [ infso guidelines ] . ### acting in accordance with the procedure referred to in paragraph 1 , the commission , when establishing multiannual and sectoral annual work programmes , shall establish the selection and award criteria in line with the objectives and priorities laid down in articles 3 and 4 of this regulation and in regulation no xxxx / 2012 [ ten - t guidelines ] , no xxx 2012 [ guidelines for trans - european energy infrastructure ] or no xxx / 2012 infso guidelines ] . all projects shall be assessed on the basis of the following criteria : the maturity of the action in the project development and preparation stages and the soundness of the implementation proposed ; the leverage effect of union support on public and private investment and the single market ; the need to overcome specific financial obstacles and lack of market - finance , linked to the nature or urgency of the project ; the costs and benefits including economic , social , greenhouse gas and / or other environmental impacts , and accessibility ; for transports and for energy : the cross - border dimension .


### co - financing rates mentioned above may be increased by up to 10 percentage points for actions having cross - sector synergies , reaching climate mitigation objectives , enhancing climate resilience or reducing the greenhouse gas emissions . this increase should not apply to co - financing rates referred to in article 11 . ### co - financing rates mentioned above may be increased by up to 10 percentage points over the percentages laid down in paragraphs 2 to 4 for the following actions : with synergies between at least two of the sectors covered by the cef . the amount of union financial aid shall be taken from the amounts allocated for each sector set out in article 5 , and weighted according to their relative involvement in the action . b ) any action helping to achieve objectives in the fields of climate mitigation , enhancing climate resilience or reducing greenhouse gas emissions . this increase should not apply to co - financing rates referred to in article 11 . the commission shall propose , in the annual and multiannual programmes under article 17 , the criteria for the granting of the cofinancing rates laid down in this article .


### accelerating the deployment of fast and ultrafast broadband networks and their uptake , including by small and medium sized enterprises , to be measured by the level of broadband and ultrafast broadband coverage and the number of households having subscribed for broadband connections for above 100 mbps ; ### accelerating the deployment of fast and ultrafast broadband networks and their uptake , including by small and medium sized enterprises , by ensuring that by 2020 all europeans have access to 100 mbps and 50% of eu households have access to 1 gbits or more ;


### member states shall inform the commission continuously , if relevant through the interactive geographical and technical information systems , which in case of the trans - european transport networks is tentec , about the progress made in implementing projects of common interest and the investments made for this purpose including the amount of support used for climate change objectives . ### member states shall inform the commission annually , through the interactive geographical and technical information systems , which in case of the trans - european transport networks is tentec , about the progress made in implementing projects of common interest and the investments made for this purpose including the amount of support used for climate change objectives .


### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . ### contribute to smart , sustainable and inclusive growth , in line with the europe 2020 strategy , by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness on the global market and economic , social and territorial cohesion within the single market , and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest .


### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial aid in the form of financial instruments and grants under this regulation are set out in article 15 of regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] . ### in the field of energy , the specific eligibility conditions of actions implementing projects of common interest for union financial support in the form of financial instruments and grants under this regulation are as follows : projects of common interest falling within the categories set out in points 1 and 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] are eligible for union financial support in the form of grants for studies ; projects of common interest falling within the categories set out in points 1 and 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] which according to the business plan and other assessments carried out , notably by potential investors or creditors , are commercially viable but just below the risk rating that would lead to an investment decision are eligible for union financial support in the form of financial instruments for works ; projects of common interest falling within the categories set out in points 1 to and point 2 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be eligible for union financial support in the form of grants for works if they fulfil all of the following criteria : the project is commercially not viable according to the business plan and other assessments carried out , notably by potential investors or creditors . the decision on incentives and its justification referred to in article 14 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be taken into account when assessing the project ' s commercial viability ; the project has received a cross - border cost allocation decision pursuant to article 13 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] or , for projects that have received an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , an opinion from the competent national regulatory authorities and the agency on the commercial viability of the project ; the project specific cost - benefit analysis pursuant to article 13 of regulation no xxxx / 2012 [ energy infrastructure guidelines ] provides evidence concerning the existence of at least one of the following significant positive externalities : - projects promoting the further integration of the internal energy market and the interoperability of electricity and gas networks across borders through interconnection of member states ' networks and removal of internal constraints , through enhancing cross - border transmission power in relation to installed energy generation capacity or through increased demand coverage between member states by reverse flow interconnectors for gas ; - projects that enhance the security of energy supply and / or solidarity by diversification of supply sources , supplying counter parts and routes , increasing storage capacity , prevention or reduction of disruptions , avoiding spillage of renewable energy due to a lack of cross - border connections or by reducing or eliminating member states ' energy isolation by connecting these markets with more diversified supply sources and / or by installing reverse flow interconnectors for gas ; - projects contributing to sustainable development and protection of the environment by ensuring transmission of renewable electricity from generation to major consumption centres and storage sites ; projects of common interest falling within the categories set out in points 1 of annex ii to regulation no xxxx / 2012 [ energy infrastructure guidelines ] shall be eligible for union financial support in the form of grants for works if they are not commercially viable in accordance with point of point c of this article and can prove at least one of the positive externalities under point of point c of this article .


### the financial envelope of the connecting europe facility may cover expenses pertaining to , preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives , in particular studies , meetings of experts , as far as they are related to the general objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . the financial allocation may also cover the technical and administrative assistance expenses necessary to ensure the transition between the programme and the measures adopted under regulation no 680 / 2007 . if necessary , appropriations could be entered in the budget beyond 2020 to cover similar expenses , in order to enable the management of actions not yet completed by 31 december 2020 . ### the financial envelope of the connecting europe facility shall cover expenses pertaining to : actions in support of projects of common interest , as defined in article 7 of this regulation ; programme support actions , as defined in article 2 of this regulation , up to 1 . 5% ; the technical and administrative assistance expenses necessary to ensure the transition between the programme and the measures adopted under regulation no 680 / 2007 .


### no later than mid - 2018 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth . it shall take into account evaluation results on the long - term impact of the predecessor measures . ### no later than mid - 2017 , an evaluation report shall be established by the commission on the achievement of the objectives of all the measures , the efficiency of the use of resources and its european added value , in view of a decision on the renewal , modification or suspension of the measures . the evaluation shall additionally address the scope for simplification , its internal and external coherence , the continued relevance of all objectives , as well as the contribution of the measures to the union priorities of smart , sustainable and inclusive growth , including impact on economic , social and territorial cohesion . it shall take into account evaluation results on the long - term impact of the predecessor measures . furthermore , the commission shall in that evaluation make an assessment of future steps to be taken in order to enhance the efficiency of union spending as well as to increase investment volumes towards priority projects . that assessment shall also examine , inter alia , how to make financial instruments even more attractive to a wider range of long - term investors , including public ones and&#160 ; how to widen the scope of projects eligible , and the possible&#160 ; development of equity instruments to finance union infrastructure .


### co - financing rates may be increased to a maximum of 80% for actions which based on the evidence referred to in article 15 of regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] , provide a high degree of regional or union - wide security of supply , or strengthen solidarity of the union or comprise highly innovative solutions . ### co - financing rates may be increased to a maximum of 60% for actions which based on the evidence referred to in points and of article 7provide a high degree of regional or union - wide security of supply , strengthen solidarity of the union and contribute to sustainable development and protection of the environment .


### the commission may request the reimbursement of the financial aid granted if , within two years of the finishing date established in the conditions governing the granting of aid , the implementation of the action receiving the financial aid has not been completed . ### the commission may request the reimbursement of the financial aid granted if , within two years of the finishing date established in the conditions governing the granting of aid , the implementation of the action receiving the financial aid has not been completed except in cases of force majeure .


### the commission shall implement information and communication actions on the connecting europe facility projects and results . moreover , budget allocated to communication under this regulation shall also cover corporate communication on the political priorities of the union . ### the commission shall implement information and communication actions on the connecting europe facility projects and results .


### the financial envelope for the implementation of the connecting europe facility for the period 2014 to 2020 shall be eur 50 000 000 0001 . that amount shall be distributed among the sectors referred to in article 3 as follows : transport : eur 31 694 000 000 , out of which eur 10 000 000 000 shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; energy : eur 9 121 000 000 ; telecommunications : eur 9 185 000 000 . __________________ 1all figures in constant 2011 prices . the corresponding amounts , expressed in current prices , can be found in the legislative financial statement . ### the estimated investment requirement for trans - european networks in the transport , energy and telecommunications sectors for the period up to 2020 is eur&#160 ; 970&#160 ; 000&#160 ; 000&#160 ; 000 . the financial envelope for the implementation of the connecting europe facility for the period 2014 to 2020 shall be [ eur 50 000 000 000 ] 1 . that amount shall be distributed among the sectors referred to in article 3 as follows : transport : [ eur 31 694 000 000 ] , out of which [ eur 10 000 000 000 ] shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; energy : [ eur 9 121 000 000 ] ; telecommunications : [ eur 9 185 000 000 ] . __________________ 1 pending agreement on the multiannual financial framework for the period 2014 - 2020 . all figures in constant 2011 prices . the corresponding amounts , expressed in current prices , can be found in the legislative financial statement .


### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool ### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück –rheine - twente / mittellandkanal - enschede – hengelo - utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool inland waterway : feasibility study for the connection between the mittellandcanal and the twentecanal


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that some member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . until 31 december 2016 , the selection of projects should fully respect the national allocations under cohesion fund . as from the 1st of january 2017 , resources not yet committed to a transport infrastructure project should be made available to all member states eligible to the cohesion fund under the rules of this regulation . greatest possible priority should be ensured for projects respecting the national allocations under the cohesion fund . the commission should support member states eligible to the cohesion fund to develop and implement projects of european added value listed in the annex of this regulation .


### major investments are needed to modernise and expand europe ' s energy infrastructure and to interconnect networks across borders to meet the union ' s energy and climate policy objectives of competitiveness , sustainability and security of supply in a cost - effective way . the estimated investment needs in energy infrastructure up to 2020 amount to eur 1 trillion , of which ca . eur 200 billion in electricity and gas transmission and storage infrastructures considered of european relevance . among projects of european relevance , approximately eur 100 billion of investments is at risk of not being delivered due to obstacles related to permit granting , regulation and financing . ### major investments are needed to modernise and expand europe ' s energy infrastructure and to interconnect networks across borders , putting an end to the existence of energy islands , in order to meet the union ' s energy and climate policy objectives of competitiveness , sustainability and security of supply in a cost - effective way . the estimated investment needs in energy infrastructure up to 2020 amount to eur 1 trillion , of which ca . eur 200 billion in electricity and gas transmission and storage infrastructures considered of european relevance . among projects of european relevance , approximately eur 100 billion of investments is at risk of not being delivered due to obstacles related to permit granting , regulation and financing .


### member states shall for projects related to transports and energy sectors , undertake the technical monitoring and financial control of actions in close cooperation with the commission and shall certify the reality and the conformity of the expenditure incurred in respect of projects or parts of projects . the member states may request the participation of the commission during on - the - spot checks . ### member states shall undertake the technical monitoring and financial control of actions in close cooperation with the commission and shall certify the reality and the conformity of the expenditure incurred in respect of projects or parts of projects . the member states may request the participation of the commission during on - the - spot checks .


### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool ### by border – warzsawa – poznań – frankfurt / oder – berlin – hannover – osnabrück – airport münster / osnabrück fmo – enschede – utrecht – amsterdam / rotterdam – felixstowe – birmingham / manchester – liverpool rail , airport : rail – airport münster - osnabrück interconnection


### in the field of telecommunication , all actions implementing the projects of common interest and programme support actions set out in the annex of the regulation no xxxx / 2012 [ infso guidelines ] shall be eligible to receive union financial aid in the form of a grant , procurement and financial instruments under this regulation . ### in the field of telecommunication , only actions contributing to projects of common interest in accordance with regulation no xxx / 2012 [ telecom infrastructure guidelines ] , shall be eligible for support through union financial aid in the form of grants for generic services and horizontal priorities , including programme support actions , in the form of grants and procurement for core service platforms . actions in the field of broadband deployment , including actions generating demand for broadband , shall be eligible for union financial support in the form of financial instruments .


### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , offering services , and doing business . therefore the trans - european availability of fast internet access and digital services is essential for economic growth and the single market . ### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . furthermore , cloud computing and software - as - a - service emerge as the new paradigms of computing . the internet is becoming the dominant platform for communication , offering private and public services , doing cross - border business and commerce . therefore the trans - european availability of ubiquitous , fast internet access and innovative digital services is essential for economic growth and the single market .


### following the mid - term evaluation according to article 26 . 1 , the commission may transfer appropriations between the sectors of the allocation set out in paragraph 1 , with the exception of the eur 10 000 000 000 transferred from the cohesion fund to finance transport sector projects in the cohesion fund eligible member states . ### following the mid - term evaluation according to article 26 . 1 , the commission shall be empowered to adopt delegated acts in accordance with article 25 in order to transfer appropriations between the sectors of the allocation set out in paragraph 1 , with the exception of the eur [ 10 000 000 000 ] 1 transferred from the cohesion fund to finance transport sector projects in the cohesion fund eligible member states . __________________ 1 pending agreement on the multiannual financial framework for the period 2014 - - 2020 .


### further to the general objectives set out under article 3 , the connecting europe facility should contribute to achieving the following sector specific objectives : ### without prejudice to the general objectives set out under article 3 , the connecting europe facility shall contribute to achieving the following sector specific objectives :


### the commission shall adopt multiannual and annual work programmes for each sector . the commission may also adopt multiannual and annual work programmes that cover more than one sector . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 24 . 2 . ### the commission shall adopt multiannual and annual work programmes for each sector . the commission may also adopt multiannual and annual work programmes that cover more than one sector . those delegated acts shall be adopted in accordance with the procedure referred to in article 25 of this regulation .


### actions supported by means of financial instruments shall be selected on a first come first served basis and shall seek sectoral diversification in accordance with articles 3 and 4 as well as gradual geographical diversification across the member states . ### actions supported by means of financial instruments shall be selected on a first come first served basis and shall seek sectoral diversification in accordance with articles 3 and 4 as well as geographical diversification among the union ' s member states and regions .


### contribute to smart , sustainable and inclusive growth by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness and economic , social and territorial cohesion within the single market and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct support and by exploiting synergies across the sectors . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest , and in particular the volume of public and private investments in projects of common interest realised through the financial instruments under this regulation . ### contribute to smart , sustainable and inclusive growth , in line with the europe 2020 strategy , by developing modern and high performing trans - european networks , thus bringing forward benefits for the entire european union in terms of competitiveness on the global market and economic , social and territorial cohesion within the single market , and creating an environment more conducive to private and public investment through a combination of financial instruments and union direct . the achievement of this objective will be measured by the volume of public and private investment in projects of common interest .


### acting in accordance with the procedure referred to in paragraph 1 , the commission , when establishing multiannual and sectoral annual work programmes , shall establish the selection and award criteria in line with the objectives and priorities laid down : for transport in regulation no xxxx / 2012 [ ten - t guidelines ] ; for energy in regulation no xxxx / 2012 [ guidelines for trans - european energy infrastructure ] ; for telecommunications in regulation no xxxx / 2012 [ infso guidelines ] . ### acting in accordance with the procedure referred to in paragraph 1 , the commission , when establishing multiannual and sectoral annual work programmes , shall establish the selection and award criteria in line with the objectives and priorities laid down in articles 3 and 4 of this regulation and in regulation no xxxx / 2012 [ ten - t guidelines ] , no xxx 2012 [ guidelines for trans - european energy infrastructure ] or no xxx / 2012 infso guidelines ] . all projects shall be assessed on the basis of the following criteria : the maturity of the action in the project development and preparation stages and the soundness of the implementation proposed ; the leverage effect of union support on public and private investment and the single market ; the need to overcome specific financial obstacles and lack of market - finance , linked to the nature or urgency of the project ; the costs and benefits including economic , social , greenhouse gas and / or other environmental impacts , and accessibility ; for transports and for energy : the cross - border dimension .


### new psychoactive substances and mixtures should be able to move freely in the union when intended for commercial and industrial use , as well as for scientific research and development . this regulation should establish rules for introducing restrictions to this free movement . ### new psychoactive substances and mixtures should be able to move freely in the union when intended for commercial and industrial use , as well as for scientific research and development . this regulation should establish rules for introducing restrictions to this free movement . in addition , however , illicit distribution of these substances and mixtures should be prevented .


### medicinal products containing ephedrine or pseudoephedrine should therefore be controlled without impeding their legitimate trade . ### medicinal products should therefore be controlled without impeding their legitimate trade . to that end , medicinal products should in future be included within the definition of scheduled substances .


### to this end , any export of medicinal products containing ephedrine or pseudoephedrine should be preceded by a pre - export notification sent by the competent authorities in the union to the competent authorities of the country of destination . ### with that in mind , a new category of scheduled substances should be created to take into account the specific characteristics of medicinal products .


### the delegation of power referred to in articles 6 third subparagraph , 7 , 8 , 9 , 11 and , 12 , 19 , 28 and 30a shall be conferred for an indeterminate period of time from [ opoce insert date of entry into force of this amending regulation ] ### the power to adopt delegated acts referred to in articles 6 third subparagraph , 7 , 8 , 9 , 11 and , 19 and 30a shall be conferred for a period of five years from [ opoce insert date of entry into force of this amending regulation ] the commission shall , not later than nine months before the expiry of the five - year period , submit a report on the delegated powers . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### 1 . with the exception of the transition period between stage iii a and stage iii b , a tractor manufacturer who wishes to make use of the flexibility scheme shall request permission from his approval authority to place or to source from his engine suppliers , in the period between two emissions stages , the quantities of engines described in sections 1 . 1 . 1 . and 1 . 1 . 2 . that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits . ### 1 . a tractor manufacturer who wishes to make use of the flexibility scheme shall request permission from the approval authority to enter the tractors into service according to the relevant provisions set out in annex iv . with the exception of stage iii b , the quantities of tractors shall not exceed those described in sections 1 . 1 . 1 . and 1 . 1 . 2 . the engines shall meet the requirements referred to in article 3a .


### 1 . 1 . the number of engines placed on the market under a flexibility scheme shall , in each engine category , not exceed 20 % of the tractor manufacturer ' s annual sales of tractors with engines in that engine category . where a tractor manufacturer has marketed tractors in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has marketed tractors in the union . ### 1 . 1 . the number of engines and tractors entering into service under a flexibility scheme shall , in each engine category , not exceed 20 % of the annual quantities of tractors entered into service by the tractor manufacturer with engines in that engine category . where a tractor manufacturer has entered tractors into service in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has entered tractors into service in the union .


### in article 3a , the following subparagraph is added : ' the flexibility scheme , set out in sections 1 . 2 . , 1 . 2 . 1 . and 1 . 2 . 2 . of annex iv shall apply only for the transition from stage iii a to stage iii b and shall expire on 31 december 2013 . ' ### article 3a shall be replaced by the following : ' by way of derogation from article 3 and , member states shall provide that , at the request of the tractor manufacturer and on condition that the approval authority has granted the relevant permit , a limited number of tractors may enter into service in accordance with the procedures laid down in annex iv . the flexibility scheme shall begin when a defined stage becomes compulsory and shall have the same duration as the stage itself , but shall not exceed three years . under a flexibility scheme , engines shall be approved in accordance with the requirements of the stage immediately preceding that which is applicable . '


### 2 . during the transition period between stage iii a and stage iii b , a tractor manufacturer who wishes to make use of the flexibility scheme , shall request permission from his approval authority to place or to source from his engine suppliers , in the period between two emissions stages , the quantities of engines described in sections 1 . 2 . 1 . and 1 . 2 . 2 . that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits . ### 2 . during stage iii b , a tractor manufacturer who wishes to make use of the flexibility scheme , shall request permission from the approval authority to enter the tractors into service according to the relevant provisions set out in annex iv . the quantities of tractors shall not exceed the quantities described in sections 1 . 2 . 1 . and 1 . 2 . 2 . the engines shall meet the requirements referred to in article 3a .


### 1 . 1 . the number of engines placed on the market under a flexibility scheme shall , in each engine category , not exceed 20 % of the tractor manufacturer’s annual sales of tractors with engines in that engine category . where a tractor manufacturer has marketed tractors in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has marketed tractors in the union . ### 1 . 1 . the number of engines placed on the market under a flexibility scheme shall , in each engine category , not exceed 20 % of the annual quantities of tractors placed in circulation by the tractor manufacturer with engines in that engine category . where a tractor manufacturer has placed tractors in circulation in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has placed tractors in circulation in the union .


### during the transition from stage iii a to stage iii b , the percentage of the number of engines placed on the market under the flexibility scheme should be increased from 20% to 50% of the tractor manufacturer ' s annual sales of tractors with engines in that category . the optional alternative that a maximum number of engines may be placed on the market under the flexibility scheme should be adapted accordingly . ### during stage iii b , the percentage of the number of tractors that enter into service under the flexibility scheme shall be 50% of the annual quantity of tractors entered into service by the tractor manufacturer with engines in that category . the optional alternative that a fixed number of engines may be placed on the market under the flexibility scheme should be adapted accordingly .


### 2 . 2 . as an alternative option to section 1 . 2 . 1 , the tractor manufacturer may seek permission for his engine suppliers to place on the market a fixed number of engines under the flexibility scheme . the number of engines in each engine category shall not exceed the following values : ### 2 . 2 . as an alternative option to section 1 . 2 . 1 . , the number of tractors in each power band shall not exceed the following values :


### engine category ### engine power band


### 1 . with the exception of the transition period between stage iii a and stage iii b , a tractor manufacturer who wishes to make use of the flexibility scheme shall request permission from his approval authority to place or to source from his engine suppliers , in the period between two emissions stages , the quantities of engines described in sections 1 . 1 . 1 . and 1 . 1 . 2 . that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits . ### 1 . with the exception of point 1 . 2 , a tractor manufacturer who wishes to make use of the flexibility scheme shall request permission from his approval authority for his engine manufacturers to place on the market engines intended for the exclusive use of the tractor manufacturer concerned . with the exception of stage iii b , the quantities of engines shall not exceed those described in points 1 . 1 . 1 . and 1 . 1 . 2 . the engines shall meet the requirements referred to in article 3a .


### 2 . 1 . the number of engines placed on the market under a flexibility scheme shall , in each engine category , not exceed 50 % of the tractor manufacturer ' s annual sales of tractors with engines in that engine category . where a tractor manufacturer has marketed tractors in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has marketed tractors in the union . ### 2 . 1 . the number of engines and tractors entering into service under a flexibility scheme shall , in each engine category , not exceed 50 % of the annual quantities of tractors entered into service by the tractor manufacturer with engines in that engine category . where a tractor manufacturer has entered tractors into service in the union for a period of less than five years the average will be calculated based on the actual period for which the tractor manufacturer has entered tractors into service in the union .


### section 1 of annex iv is replaced by the text in annex i to this directive . ### annex iv is replaced by the text in annex i to this directive .


### directive 2000 / 25 / ec provides for a flexibility scheme to allow tractor manufacturers to purchase , in the period between two emission stages , a limited quantity of engines that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits . ### directive 2000 / 25 / ec provides for a flexibility scheme to allow tractor manufacturers to purchase , during a given stage , a limited quantity of engines that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits .


### in article 3a , the following subparagraph is added : ' the flexibility scheme , set out in sections 1 . 2 . , 1 . 2 . 1 . and 1 . 2 . 2 . of annex iv shall apply only for the transition from stage iii a to stage iii b and shall expire on 31 december 2013 . ' ### article 3a is amended as follows : ' by way of derogation from article 3 and , member states shall provide that , at the request of the tractor manufacturer and on condition that the approval authority has granted the relevant permit , the engine manufacturer may place on the market a limited number of engines in accordance with the procedures laid down in annex iv . the flexibility scheme set out in sections 1 . 2 . , 1 . 2 . 1 . and 1 . 2 . 2 . shall begin when the placing on the market of engines in accordance with a defined stage becomes compulsory and shall have the same duration as the stage itself , but shall not exceed three years . engines shall be approved in accordance with the requirements of the stage immediately preceding that which is applicable . '


### 2 . during the transition period between stage iii a and stage iii b , a tractor manufacturer who wishes to make use of the flexibility scheme , shall request permission from his approval authority to place or to source from his engine suppliers , in the period between two emissions stages , the quantities of engines described in sections 1 . 2 . 1 . and 1 . 2 . 2 . that do not comply with the current emission limit values , but are approved to the nearest previous stage of emission limits . ### 2 . during stage iii b , a tractor manufacturer who wishes to make use of the flexibility scheme , shall request permission from his approval authority for his engine manufacturers to place on the market engines for his exclusive use . the quantities of engines shall not exceed those described in sections 1 . 2 . 1 . and 1 . 2 . 2 . the engines shall meet the requirements referred to in article 3a .


### the measures provided in this directive reflect a temporary difficulty faced by the industry ; as such , these measures shall be restricted to the transition from stage iii a to stage iii b and expire on 31 december 2013 , ### the measures provided in this directive reflect a temporary difficulty faced by the industry ; as such , these measures shall be restricted to stage iii b ,


### during the transition from stage iii a to stage iii b , the percentage of the number of engines placed on the market under the flexibility scheme should be increased from 20% to 50% of the tractor manufacturer’s annual sales of tractors with engines in that category . the optional alternative that a maximum number of engines may be placed on the market under the flexibility scheme should be adapted accordingly . ### during stage iii b , the percentage of the number of engines placed on the market under the flexibility scheme shall be 50% of the annual quantity of tractors placed in circulation by the tractor manufacturer with engines in that category . the optional alternative that a fixed number of engines may be placed on the market under the flexibility scheme should be adapted accordingly .


### engine category number of engines ### engine power band number of tractors


### 3 . the tractor manufacturer shall include in his application to an approval authority the following information : ### 3 . the tractor manufacturer shall include in his application to the approval authority the following information :


### section 1 of annex iv is replaced by the following : ### annex iv is replaced by the following :


### member states shall ensure that in their contractual and commercial information , payment service providers use , where relevant , the terms and definitions contained in the list of the most representative payment services referred to in article 3 , paragraph 5 . ### member states shall ensure that in their contractual and commercial information , payment service providers use the terms and definitions contained in the list of all services linked to the payment account referred to in article 3 , paragraph 1 .


### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified . ### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of 80 % of the most representative services linked to the payment account subject to a fee in their member states . that list shall contain terms and definitions for each of the services identified . following the transmission of those provisional lists from the competent authorities of the member states , the commission shall determine a list of services covering 80% of the most representative services linked to the payment accounts subject to a fee at union level . the list shall contain standardised terms and definitions for each of the services identified . a single name shall apply to each service .


### set up within seven calendar days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation ; ### set up within seven business days the standing orders for credit transfers mandated by the consumer and execute them from the date specified in the authorisation and credit transfers with execution date from the date specified in the authorisation ; the seven business days should only start to count after the payment account with the receiving payment service provider has been established or opened and the consumer has provided all necessary information to the transferring payment service provider to start the switching process ;


### the consumer deliberately used the account for criminal activities ; ### the consumer deliberately used the account for criminal activities , money laundering or the financing of terrorism ;


### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven calendar days of receiving the request ; ### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven business days of receiving the request ;


### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures . ### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer .


### set up within seven calendar days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation ; ### set up within seven business days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation ;


### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy . ### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy or the relevant union or national legislation .


### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures . ### consumers who are legally resident in the union and who do not hold a payment account in the union should be in a position to open and use a payment account with basic features in the member state with which they have a connection . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures .


### member states shall ensure that the consumer is not offered any overdraft facilities in conjunction with the payment account with basic features . ### member states shall ensure that the consumer is not offered any overdraft facilities as part of the basic features of the payment account .


### member states shall ensure that the services indicated in article 16 are offered by payment service providers free of charge or for a reasonable fee . ### member states shall ensure that the services indicated in article 16 are offered by payment service providers for a reasonable fee .


### where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services , the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package , the fee for the entire package and the fee for any service that is not referred to in paragraph 1 . ### where one or more services linked to the payment account referred to in paragraph 1 is offered as part of a package of financial services , the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package and , if it is possible to buy the components separately , the fee for any such service that is referred to in paragraph 1 .


### the total amount of fees incurred for each service provided during the relevant period ; ### the total amount of fees incurred for each service or packages of services provided during the relevant period ;


### member states shall ensure that when a payment account is offered together with another service or product as part of a package , the payment service provider informs the consumer of whether it is possible to buy the payment account separately and provides separate information regarding the costs and fees associated with each of the products and services offered in the package . ### member states shall ensure that when a payment account is offered together with another financial service or product as part of a package , the payment service provider informs the consumer in an appropriate time prior to entering into a contract for a payment account that it is possible to buy the payment account separately and if so provides separate information regarding the costs and fees associated with each of the financial products and services offered in the package , insofar as they can also be bought separately .


### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded by that payment service provider . ### member states shall ensure that fees and charges incurred by the consumer resulting from the errors of a payment service provider involved in the switching process under article 10 are refunded by that payment service provider .


### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory . ### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory . member states shall ensure that the payment service provider may rely on the declaration of the consumer to determine whether he / she already holds a payment account within its territory .


### member states shall ensure that at least one payment service provider in their territory offers a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . ### member states shall ensure that payment accounts with basic features are offered to consumers by all payment service providers in their territory which operate in general retail payment services and that offer payment accounts as an integral part of their regular business . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities .


### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory . ### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features . such a right shall apply irrespective of the consumer ' s place of residence . member states shall ensure that the exercise of the right is not made difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify , by asking the consumer to sign a declaration of honour , whether the consumer holds or does not hold a payment account in their territory .


### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified . ### member states shall ensure that the competent authorities referred to in article 20 , determine a list of payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified .


### member states shall ensure that payment service providers provide a switching service as described in article 10 to any consumer who holds a payment account with a payment service provider located in the union . ### member states shall ensure that the transferring and receiving payment service providers located in the union provide a switching service within the same member state as described in article 10 , or equivalent , to any consumer who holds a payment account .


### member states shall ensure that fees , if any , applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with article 45 of directive 2007 / 64 / ec . ### member states shall ensure that no fees are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it .


### member states shall ensure that payment service providers provide a switching service as described in article 10 to any consumer who holds a payment account with a payment service provider located in the union . ### member states shall ensure that the respective payment service providers provide upon the consumer ' s request a switching service as described in article 10 , or equivalent , to a consumer who holds a payment account with a payment service provider located in the union and who has arranged for the opening of a new payment account with the receiving payment service provider .


### member states shall ensure that in their contractual and commercial information , payment service providers use , where relevant , the terms and definitions contained in the list of the most representative payment services referred to in article 3 , paragraph 5 . ### member states shall ensure that in their contractual and commercial information , payment service providers use the terms and definitions contained in the list of all services linked to the payment account referred to in article 3 , paragraph 1 .


### in order to help consumers compare payment account fees throughout the single market easily , payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology . this would also contribute towards establishing a level playing field between credit institutions competing in the payment account market . the fee information document should only contain information on the most representative payment services in each member state , using the terms and definitions established at eu level where relevant . in order to help consumers understand the fees they have to pay for their payment account , a glossary providing explanations for at least the fees and services contained in the list should be made available to them . the glossary should serve as a useful tool to encourage a better understanding of the meaning of fees , contributing towards empowering consumers to choose from a wider choice of payment account offers . an obligation should also be introduced for payment service providers to inform consumers , at least annually , of all the fees charged on their account . ex - post information should be provided in a dedicated summary . it should provide a complete overview of the fees incurred to enable a consumer to understand what fee expenditures relate to , and to assess the need to either modify consumption patterns or move to another provider . this benefit would be maximised by the ex - post fee information covering the same services as the ex - ante information . ### in order to help consumers compare payment account fees throughout the single market easily , payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology at national level . this would also contribute towards establishing a level playing field between credit institutions competing in the payment account market . the fee information document should only contain information on the most representative payment services in each member state . in order to help consumers understand the fees they have to pay for their payment account , a glossary providing explanations for at least the fees and services contained in the list should be made available to them . the glossary should serve as a useful tool to encourage a better understanding of the meaning of fees , contributing towards empowering consumers to choose from a wider choice of payment account offers . an obligation should also be introduced for payment service providers to inform consumers , at least annually , of all the fees charged on their account . ex - post information should be provided in a dedicated summary . it should provide a complete overview of the fees incurred to enable a consumer to understand what fee expenditures relate to , and to assess the need to either modify consumption patterns or move to another provider . this benefit would be maximised by the ex - post fee information covering the same services as the ex - ante information .


### member states shall ensure that fees , if any , applied by the transferring or the receiving payment service provider to the consumer for any service provided under article 10 , other than those referred to in paragraphs 1 to 3 , shall be appropriate and in line with the actual costs of that payment service provider . ### member states shall ensure that no fees are applied by the transferring or the receiving payment service provider to the consumer for any service provided under article 10 .


### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 . such a right shall apply irrespective of the consumer’s place of residence . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . before opening the payment account with basic features , payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory . ### member states shall ensure that consumers legally resident in the union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1 in the state in which they have their habitual residence . such a right shall apply irrespective of the consumer’s place of residence . the consumer shall , however , have a link – in the form of personal ties such as a centre of interests or place of work or study – to the member state concerned and to the field of business of the payment service provider in which he intends to open a basic bank account . the right of access to a payment account with basic features should apply only to consumers who do not already hold a payment account in the union and who demonstrably have been denied the opportunity to open a payment account . when it is not possible to use electronic systems to establish whether or not a consumer already holds a payment account , payment service providers should accept a declaration by consumers as a reliable means of verifying that they do not already hold a payment account . member states shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer . once it has been established that a consumer has a need for it , the payment service provider shall offer the customer a payment account with basic features .


### the consumer deliberately used the account for criminal activities ; ### the consumer used or abused the account for illegal purposes ;


### member states shall ensure that the services indicated in article 16 are offered by payment service providers free of charge or for a reasonable fee . ### member states shall ensure that the services indicated in article 16 are offered by payment service providers free of charge or for a nominal fee .


### transmit to the receiving payment service provider and , if specifically requested by the consumer pursuant to paragraph 2 , to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandates ; ### transmit to the receiving payment service provider and , if specifically requested by the consumer pursuant to paragraph 2 , to the consumer a list of all existing standing orders for credit transfers ;


### member states shall ensure that a payment account with basic features includes the following payment services : ### member states shall ensure that a payment account with basic features in the currency of the member state where the payment service provider is located includes the following payment services :


### set up within seven calendar days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation ; ### set up within seven business days the standing orders for credit transfers mandated by the consumer and execute them from the date specified in the authorisation and credit transfers with execution date from the date specified in the authorisation ; the seven business days should only start to count after the payment account with the receiving payment service provider has been established or opened and the consumer has provided all necessary information to the transferring payment service provider to start the switching process ;


### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven calendar days of receiving the request ; ### send the receiving payment service provider the information indicated in points , and of paragraph 3 within seven business days of receiving the request , the time limit starting from the point after the transferring payment service provider received the consumer ' s verification ;


### list of the most representative payment services subject to a fee at national level and standardised terminology ### standardised terminology linked to payment accounts


### member states shall ensure that consumers legally resident in the union are not discriminated against by reason of their nationality or place of residence when applying for or accessing a payment account within the union . ### member states shall ensure that consumers legally resident in the union are not discriminated against by reason of their nationality when applying for or accessing a payment account within the union , provided that the communication and the contractual agreements made between the payment service provider and the consumer is done in an official language of the member state where the account is offered or in any other language agreed between the parties , as provided by directive 2007 / 64 / ec on payment services .


### there has been no transaction on the account for more than 12 consecutive months ; ### there has been no transaction on the account for more than 24 consecutive months ;


### member states shall ensure that when a payment account is offered together with another service or product as part of a package , the payment service provider informs the consumer of whether it is possible to buy the payment account separately and provides separate information regarding the costs and fees associated with each of the products and services offered in the package . ### member states shall ensure that when a payment account is offered together with another financial service or product as part of a package , the payment service provider informs the consumer in an appropriate time prior to entering into a contract for a payment account that it is possible to buy the payment account separately and if so provides separate information regarding the costs and fees associated with each of the financial products and services offered in the package , insofar as they can also be bought separately .


### member states shall ensure that the consumer is not offered any overdraft facilities in conjunction with the payment account with basic features . ### member states shall ensure that the consumer is not offered any overdraft facilities as part of the basic features of the payment account .


### member states shall ensure that fees , if any , applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with article 45 of directive 2007 / 64 / ec . ### member states shall ensure that no fees are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it .


### there has been no transaction on the account for more than 12 consecutive months ; ### there has been no transaction on the account for more than 12 consecutive months and fees owing to the payment service provider have not been paid ;


### it is current practice for payment service providers to offer a payment account in a package with other financial products or services . this practice can be a means for payment service providers to diversify their offer and to compete against each other , and in the end it can be beneficial for consumers . however the commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts , such as household insurance . moreover , it has been observed that these practices may reduce transparency and comparability of prices , limit purchasing options for consumers and negatively impact upon their mobility . therefore , member states should ensure that when payment service providers offer packaged payment accounts consumers are provided with information on the applicable fees for the payment account and for each other financial service included in the package separately . these obligations should not apply to services which are naturally connected to the use of the payment account , such as withdrawals , wire transfers or payment cards . as a result , these services should be excluded from the scope of this provision . ### it is current practice for payment service providers to offer a payment account in a package with other financial products or services . this practice can be a means for payment service providers to diversify their offer and to compete against each other , and in the end it can be beneficial for consumers . however the commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts , such as household insurance . moreover , it has been observed that these practices may reduce transparency and comparability of prices , limit purchasing options for consumers and negatively impact upon their mobility . therefore , member states should ensure that when payment service providers offer payment accounts bundled with other financial services consumers are provided with information on whether it is possible to buy the components of the package separately and , if so , whether such services are to be provided with the information on the costs and charges of each financial service included in the package separately , electronically or on paper .


### fighting climate change and protecting the environment are among the great challenges which face the union and where the need for international action is urgent . in accordance with the intent stated in commission communication ' a budget for europe 2020 ' of 29 june 2011 , this regulation should contribute to the objective of addressing at least 20% of the eu budget to low carbon and climate resilient society , and the global public goods and challenges programme should use at least 25% of its funds to cover climate change and environment . actions in these two areas should , wherever possible , be mutually supportive in order to reinforce their impacts . ### fighting climate change and protecting the environment are among the great challenges which face the union and all its international trading and commercial partner countries and regions and where the need for international action is urgent . this regulation should add to the objective of addressing at least 20% of the eu budget to low carbon and climate resilient society , and the global public goods and challenges programme should use at least 25% of its funds to cover climate change and environment , taking into consideration the contribution to climate emissions of global trade and transport of goods , in particular of unprocessed raw materials . actions in these two areas should , wherever possible , be mutually supportive in order to reinforce their impacts .


### preventing and combating cross - border , serious and organised crime including terrorism , and reinforcing coordination and cooperation between law enforcement authorities of member states and with relevant third - countries . ### preventing crime and combating cross - border , serious and organised crime including terrorism and laundering of the proceeds of crime , and reinforcing coordination and cooperation between law enforcement authorities of member states and relevant union bodies and with relevant third - countries and international organisations .


### ' organised crime ' means a punishable conduct committed by a structured group of three or more persons , existing for a period of time and acting in concert in order to obtain , directly or indirectly , a financial or other material benefit . ### ‘ organised crime’ means a punishable conduct by a structured group existing for a period of time and composed of more than two persons acting in concert in order to obtain by means of intimidation , directly or indirectly , a financial or other material benefit ;


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### the european parliament and the council should be kept fully informed of committee proceedings on a regular basis .


### rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect , exploit and disseminate those results as appropriate , in particular the possibility of additional exploitation conditions in the european strategic interest . ### rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect , exploit and disseminate those results as appropriate , in particular the possibility of additional exploitation , dissemination or licensing conditions in the european strategic interest , or where a predominant public interest exists .


### the commission or the relevant funding body may establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned . ### the commission shall establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned .


### the commission or the relevant funding body shall verify the financial capacity in advance only for coordinators when the requested funding from the union for the action is equal or superior to eur 500 000 , unless where , on the basis of available information , there are grounds to doubt the financial capacity of the coordinator or other participants . ### the commission or the relevant funding body shall verify the financial capacity in advance only for coordinators or other participants when the requested funding from the union for the action is equal or superior to eur 650 000 , as in seventh framework programme , unless where , on the basis of available information , there are grounds to doubt the financial capacity of the coordinator or other participants .


### participants in the same action shall inform each other before their accession to the grant agreement of any legal restriction or limit to granting access to their background . any agreement concluded thereafter by a participant regarding background shall ensure that any access rights may be exercised . ### participants in the same action shall inform each other before their accession to the grant agreement of any legal restriction or limit to granting access to their background . any agreement concluded thereafter by a participant regarding background shall ensure that any access rights may be exercised . the commission or the funding body shall be informed of the restriction before the grant agreement is concluded and shall consider the impact which the restriction have or will have on the attainment of the aims of the specific project .


### the relevant work programme may restrict the participation in horizon 2020 or parts thereof of legal entities established in third countries where conditions for the participation of legal entities from member states in the third country ' s research and innovation programmes are considered prejudicial to the union ' s interests . ### the relevant work programme may restrict the participation in horizon 2020 or parts thereof of legal entities established in third countries where conditions for the participation of legal entities from member states , or their local affiliated entities , in the third country ' s research and innovation programmes are considered prejudicial to the union ' s interests .


### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with , the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity , including on an exclusive basis . ### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with by the participant who owns results , that participant may grant licences or otherwise give the right to exploit the results to any legal entity , including on an exclusive basis .


### appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts . ### appropriate measures shall be taken to ensure gender and geographical balance to the extent possible when appointing independent experts .


### a request for access under paragraphs 1 , 2 and 3 may be made up to one year after the end of the action . however , the participants may agree on a different time - limit . ### a request for access rights under paragraphs 1 , 2 and 3 may be made up to one year after the end of the action or after the termination of the requesting participant ' s participation in the action . however , the participants may agree on a different time - limit .


### where participants in an action have jointly generated results and where their respective share of the work cannot be ascertained , they shall have joint ownership of those results . the joint owners shall establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement . ### where participants in an action have jointly generated results and where their respective share of the work cannot be ascertained , they can decide to attribute ownership of those results to one of the participant or they can have joint ownership of those results . in case of joint ownership , the joint owners shall establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement .


### by way of derogation from paragraph 1 , in the case of european research council frontier research actions , the sme instrument , programme co - fund actions and in justified cases provided for in the work programme or work plan , the minimum condition shall be the participation of one legal entity established in a member state or associated country . ### by way of derogation from paragraph 1 , in the case of european research council frontier research actions , the sme instrument , actions in the area of primary agricultural production , programme co - fund actions and in justified cases provided for in the work programme or work plan , the minimum condition shall be the participation of one legal entity established in a member state or associated country .


### the certificate on financial statements shall cover the total amount of the grant claimed by a participant under the form of reimbursement of actual costs and under the form of scale of unit costs referred to article 27 . the certificate shall only be submitted when that amount is equal to or greater than eur 325 000 at the time of claiming the payment of the balance of the grant . ### the certificate on financial statements shall cover the total amount of the grant claimed by a participant under the form of reimbursement of actual costs and under the form of scale of unit costs referred to article 27 . the certificate shall only be submitted when that amount is equal to or greater than eur 375 000 at the time of claiming the payment of the balance of the grant .


### eligible personnel costs shall only cover the actual hours worked by the persons directly carrying out work under the action . the evidence regarding the actual hours worked shall be provided by the participant , normally through a time recording system . ### eligible personnel costs shall only cover the actual hours worked by the persons directly carrying out work under the action . the evidence regarding the actual hours worked shall be provided by the participant in accordance with the participant ' s own official time recording system .


### they ensure compliance with the non - profit requirement and avoidance of double funding of costs ; ### the non - profit requirement and avoidance of double funding of costs ;


### the consortium may propose to add or remove a participant in accordance with the respective provisions of the grant agreement , provided that this change is in conformity with the conditions for participation , does not adversely affect the implementation of the action and is not contrary to the principle of equal treatment . ### the consortium may propose to add or remove a participant or change a coordinator in accordance with the respective provisions of the grant agreement , provided that this change is in conformity with the rules for participation , does not adversely affect the implementation of the action and is not contrary to the principle of equal treatment .


### rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect , exploit and disseminate those results as appropriate , in particular the possibility of additional exploitation conditions in the european strategic interest . ### rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect , exploit and disseminate those results as appropriate , in particular rules for open access to results and data or additional dissemination , exploitation or licensing conditions in the european strategic or public interest .


### horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership , growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ‘ europe 2020 flagship initiative innovation’ whereby the commission engages to radically simplify access of participants . ### horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership , sustainable growth and employment in europe and should reflect the strategic vision of the commission communication of 6 october 2010 to the european parliament , the council , the european economic and social committee and the committee of the region ‘ europe 2020 flagship initiative innovation’ whereby the commission engages to radically simplify access of participants .


### ' results ‘ means any data , knowledge and information whatever their form or nature , whether or not they can be protected , which are generated in the action as well as any attached rights , including intellectual property rights ; ### ' results ' means any artefacts and other tangible outputs , data , knowledge and information whatever their form or nature , whether or not they can be protected , which are generated in the action as well as any rights attached to them , including intellectual property rights ;


### appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts . ### appropriate measures shall be taken to ensure reasonable gender balance when appointing independent experts .


### additional dissemination obligations may be laid down in the grant agreement . ### additional dissemination obligations may be laid down in the grant agreement . any such additional obligations shall be indicated in the work programme or work plan .


### a participant shall enjoy access rights to the results of another participant in the same action , if such access is needed by the former to exploit its results . ### a participant shall enjoy access rights to the results of another participant in the same action , if such results are needed by the former to exploit its own results .


### ' results ‘ means any data , knowledge and information whatever their form or nature , whether or not they can be protected , which are generated in the action as well as any attached rights , including intellectual property rights ; ### ' results ' means any data , knowledge , information , objects and other tangible outputs , whatever their form or nature , whether or not they can be protected , which are generated in the action as well as any attached rights , including intellectual property rights . for the purposes of this regulation , publications shall not be considered as results ;


### an affiliated entity established in a member state or associated country shall , unless otherwise provided for in the consortium agreement , also have access rights to results or background under the same conditions if such access is needed to exploit the results generated by the participant to which it is affiliated . ### an affiliated entity shall , unless otherwise provided for in the consortium agreement , also have access rights to results or background under fair and reasonable conditions if such access is needed to exploit the results generated by the participant to which it is affiliated .


### these rules for the participation and dissemination should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants , notably small and medium - sized enterprises , through simplified procedures . the financial assistance from the union could be provided through different forms . ### these rules for the participation and dissemination should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants , notably small and medium - sized enterprises and civil society organisations , in particular organisations of persons with disabilities , through simplified procedures . the financial assistance from the union could be provided through different forms .


### with regard to dissemination through research publications , open access shall apply under the terms and conditions laid down in the grant agreement . with regard to dissemination of other results , including research data , the grant agreement may lay down the terms and conditions under which open access to such results shall be provided , in particular in erc frontier research or in other appropriate areas . ### with regard to dissemination through research publications , open access shall be promoted .


### with regard to dissemination through research publications , open access shall apply under the terms and conditions laid down in the grant agreement . with regard to dissemination of other results , including research data , the grant agreement may lay down the terms and conditions under which open access to such results shall be provided , in particular in erc frontier research or in other appropriate areas . ### with regard to dissemination through scientific publications , open access shall apply under the terms and conditions laid down in the grant agreement . with regard to dissemination of other results , including research data , the model grant agreement .


### participants that calculate and claim direct personnel costs on the basis of scale of unit costs may submit to the commission a certificate on the methodology . that methodology shall comply with the conditions set out in article 27 and meet the requirements of grant agreement . ### participants that calculate and claim direct personnel costs on the basis of scale of unit costs or participants that claim indirect eligible costs actually incurred shall submit to the commission a certificate on the methodology . the commission shall accept such a certificate where it complies with the conditions set out in articles 24 or 27 .


### any request to exercise access rights or any waiving of access rights shall be made in writing . ### any request to exercise access rights or any waiving of access rights shall be made in writing and obtained directly from the participant owning the results or the background , unless otherwise agreed among the participants . waiving of access rights can only be done on a case by case basis , after the particular result or background has been generated , unless otherwise agreed among the participants .


### ' results ‘ means any data , knowledge and information whatever their form or nature , whether or not they can be protected , which are generated in the action as well as any attached rights , including intellectual property rights ; ### ' results ‘ means any data , knowledge , information , objects and other tangible outputs , whatever their form or nature , whether or not they can be protected , which are generated in the action as well as any attached rights , including intellectual property rights . publications which describe , interpret , or analyse data , knowledge or information generated as a direct result of horizon 2020 funding do not constitute results ;


### prior notice of any dissemination activity shall be given to the other participants . following notification , a participant may object if it demonstrates that its legitimate interests in relation to its results or background would suffer significant harm by the intended dissemination . in such cases , the dissemination activity may not take place unless appropriate steps are taken to safeguard these legitimate interests . the grant agreement may lay down time - limits in this respect . ### prior notice of any dissemination activity shall be given to the other participants , unless otherwise agreed in the consortium agreement . following notification , a participant may object if it demonstrates that its legitimate interests in relation to its results or background would suffer significant harm by the intended dissemination . in such cases , the dissemination activity may not take place unless appropriate steps are taken to safeguard these legitimate interests . the grant agreement may lay down time - limits in this respect .


### the grant agreement shall contain the minimum requirements for the time recording system as well as the number of annual productive hours to be used for the calculation of the hourly personnel rates . ### the grant agreement shall contain the minimum requirements for the time recording system which may entail one single document declaring the university / legal entity degree of the involvement of the researchers / participant in the project . the number of annual productive hours to be used for the calculation of the hourly personnel rates shall be based on each participant ' s own normal accounting and management principles , and relevant national rules , and may be expressed as an percentage of working time


### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules and have a higher flexibility in the project implementation , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates and scale of unit costs . for simplification purposes , a single reimbursement rate should be applied for each type of action with no differentiation according to the type of participant . ### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules and have a higher flexibility in the project implementation , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates and scale of unit costs . for simplification purposes , a single reimbursement rate including a full - cost option should be applied with no differentiation according to the type of participant .


### they are calculated on the basis of the total actual personnel costs recorded in the participant ' s general accounts which may be adjusted on the basis of budgeted or estimated elements according to the conditions defined by the commission ; ### they are calculated on the basis of the total actual personnel costs recorded in the participant ' s general accounts ;


### a proposal which contravenes ethical principles or any applicable legislation , or which does not fulfil the conditions set out in decision no xx / xx / eu [ specific programme ] , the work programme or work plan or in the call for proposals may be excluded from the evaluation , selection and award procedures at any time . ### a proposal which contravenes ethical principles or any applicable legislation , or which does not fulfil the conditions set out in decision no xx / xx / eu [ specific programme ] , the work programme or work plan or in the call for proposals shall be excluded from the evaluation , selection and award procedures .