### under the european neighbourhood policy , the union offers neighbourhood countries a privileged relationship , building upon a mutual commitment to and promotion of the values of democracy and human rights , the rule of law , good governance and the principles of market economy and sustainable development . ### under the european neighbourhood policy , the union offers neighbourhood countries a privileged relationship , building upon a mutual commitment to and promotion of the values of democracy and human rights , the rule of law , good governance , the principles of market economy and the transition to well - functioning market economies , and sustainable development .


### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . ### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by making better use of the leveraging capacity of the european investment bank and the european bank for reconstruction and development and by enabling the use and re - use of funds invested and generated by financial instruments .


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


### promoting human rights and fundamental freedoms , the rule of law , principles of equality , establishing deep and sustainable democracy , promoting good governance and developing a thriving civil society including social partners ; ### promoting human rights and fundamental freedoms , the rule of law , principles of equality , establishing deep and sustainable democracy , market economy principles , promoting good governance , combating corruption , tax fraud and money laundering , and developing a thriving civil society including social partners ;


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the union regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows and investments , indicators enabling measuring internal economic disparities , including employment levels .


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


### union support provided under this regulation to each partner country shall be differentiated in form and amounts according to the partner country ' s commitment to reforms and its progress in implementing these reforms . such differentiation shall reflect the level of ambition of the country ' s partnership with the union , its progress in building deep and sustainable democracy , its progress in implementing agreed reform objectives , the country ' s needs and capacities , and the potential impact of union support . ### union support provided under this regulation to each partner country shall be differentiated in form and amounts according to the partner country ' s commitment to reforms and its progress in implementing these reforms . such differentiation shall reflect the level of ambition of the country ' s partnership with the union , its progress in building deep and sustainable democracy , its observance and implementation of the fundamental principles of a market - based economy , its progress in implementing agreed reform objectives , the country ' s needs and capacities , and the potential impact of union support .


### the commission , the member states and the european investment bank shall ensure coherence between support provided under this regulation and other support provided by the union , the member states and the european investment bank . ### the commission , the member states and the european investment bank shall ensure coherence between support provided under this regulation and other support provided by the union , the member states , the eib and the ebrd .


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


### without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions , where a partner country fails to observe the principles of democracy , the rule of law and respect for human rights and fundamental freedoms , the union shall invite the country concerned to hold consultations in view of finding a solution acceptable to both parties , except in cases of special urgency . where consultation with the country concerned does not lead to a solution acceptable to both parties , or if consultations are refused or in case of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union support . ### without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions , where a partner country fails to observe the principles of democracy , the rule of law and respect for human rights and fundamental freedoms , or commits serious and repeated breaches of wto rules or eu trade agreements , the union shall invite the country concerned to hold consultations in view of finding a solution acceptable to both parties , except in cases of special urgency . where consultation with the country concerned does not lead to a solution acceptable to both parties , or if consultations are refused or in case of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union support .


### the convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources . the convention imposes an obligation on all parties to facilitate access to genetic resources over which they hold sovereign rights . it also makes it mandatory for all parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the party providing these resources . such sharing shall be upon mutually agreed terms . the convention also addresses access and benefit - sharing in relation to the knowledge , innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity . ### the convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources . the convention imposes an obligation on all parties to facilitate access to genetic resources over which they hold sovereign rights . it also makes it mandatory for all parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the party providing these resources . such sharing shall be upon mutually agreed terms . the convention also addresses access and benefit - sharing in relation to the knowledge , innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity . genetic resources should , indeed , be utilized in a balanced and sustainable manner , and local communities legitimately involved , for it is only in that way that opportunities , developments , and benefits arising from their utilization can be shared fairly and equitably among all parties .


### seek , keep and transfer to subsequent users information on : the date and place of access of genetic resources and traditional knowledge associated with such resources ; the description of genetic resources or traditional knowledge associated with such resources used , including available unique identifiers ; the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources ; the presence or absence of rights and obligations related to access and benefit - sharing ; access decisions and mutually agreed terms , where applicable ; ### seek , keep and transfer to subsequent users the internationally recognised certificate of compliance , where genetic resources were accessed by parties to the nagoya protocol which have exercised their sovereign rights as provided for in article&#160 ; 6 of that protocol ; or , failing this :


### checks may be conducted when a competent authority is in possession of relevant information , including on the basis of substantiated concerns provided by third parties , concerning non - compliance of a user with this regulation . ### checks shall be conducted when a competent authority is in possession of relevant information , including on the basis of substantiated concerns provided by third parties , concerning non - compliance of a user with this regulation .


### with a view to increasing clarity , consistency and transparency , it is necessary to define in more concrete terms the authorities which should have access to the directories established on the basis of this regulation ; for that purpose a uniform reference to competent authorities will be established . ### with a view to increasing clarity , consistency , coherence and transparency , it is necessary to define in concrete terms the authorities which should have access to the directories established on the basis of this regulation ; for that purpose a uniform reference to competent authorities will be established .


### the detection of fraud , identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross - analysis of relevant operational data sets . it is necessary therefore to establish , at european union level , a directory containing data on import , export and transit of goods including transit of goods within the member states and direct export . for that purpose , member states should allow systematic replication of data on import , export and transit of goods from the systems operated by the commission and should supply to the commission data relating to transit of goods within a member state and direct export . ### the detection of fraud , identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross - analysis of relevant operational data sets . it is necessary therefore to establish , at european union level , a directory containing data on import , export and transit of goods including transit of goods within the member states and direct export for specific cases where fraud is suspected . for that purpose , member states should , in relation to such individual cases , allow replication of data on import , export and transit of goods from the systems operated by the commission and should supply to the commission data relating to transit of goods within a member state and direct export .


### the detection of fraud , identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross - analysis of relevant operational data sets . it is necessary therefore to establish , at european union level , a directory containing data on import , export and transit of goods including transit of goods within the member states and direct export . for that purpose , member states should allow systematic replication of data on import , export and transit of goods from the systems operated by the commission and should supply to the commission data relating to transit of goods within a member state and direct export . ### given the increase in the scale of customs fraud , it is crucial to improve detection and prevention simultaneously at national and european level . the detection of fraud , identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross - analysis of relevant operational data sets . it is necessary therefore to establish , at european union level , the most complete possible directory containing data on import , export and transit of goods by land , sea or air , including transit of goods within the member states and direct export . for that purpose , member states should allow systematic replication of data on import , export and transit of goods from the systems operated by the commission and should supply to the commission data relating to transit of goods within a member state and direct export without delay . the commission should each year submit the results obtained from this directory to the european parliament and to the council .


### the introduction of the e - customs in 2011 , by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators , has led to delays in the conduct of european anti - fraud office investigations in the customs area , as olaf needs the intermediation of these administrations to obtain such documents . moreover , the 3 - year limitation period applicable to customs documents held by the administration , puts additional constraints to the successful conduct of investigations . in order to accelerate the conduct of investigations in the area of customs the commission should therefore have the right to request documents supporting import and export declarations directly from the economic operators concerned . these economic operators should be obliged to provide the commission with the requested documents . ### the introduction of the e - customs in 2011 , by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators , has led to delays in the conduct of european anti - fraud office investigations in the customs area , as olaf needs the intermediation of these administrations to obtain such documents . moreover , the 3 - year limitation period applicable to customs documents held by the administration , puts additional constraints to the successful conduct of investigations . in order to accelerate the conduct of investigations in the area of customs the commission should therefore have the right to request documents supporting import and export declarations directly from the economic operators concerned . the economic operators concerned should be informed which type of procedure applies . these economic operators should be obliged to provide the commission with the requested documents .


### in order to ensure confidentiality of the inserted data , provision should be made for limiting access to inserted data to specific users only . ### in order to ensure confidentiality of the inserted data , provision should be made for limiting access to inserted data to specific users and defined purposes only .


### the provisions governing the storage of data in the cis frequently result in unjustifiable loss of information ; this is because member states do not systematically carry out the yearly reviews due to the administrative burden involved . it is therefore necessary to simplify the procedure governing the storage of data in the cis by removing the obligation to review data annually and by setting maximum retention period of ten years , corresponding to periods provided for the directories established on the basis of this regulation . this period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations . furthermore , to safeguard the rules governing data protection , the european data protection supervisor should be informed about cases where personal data are stored in cis for a period exceeding five years . ### the provisions governing the storage of data in the cis frequently result in unjustifiable loss of information ; this is because member states do not systematically carry out the yearly reviews due to the administrative burden involved . it is therefore necessary to simplify the procedure governing the storage of data in the cis by removing the obligation to review data annually and by setting maximum retention period of ten years , corresponding to periods provided for the directories established on the basis of this regulation . however , this should not apply to the limitation period . this period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations . furthermore , to safeguard the rules governing data protection , the european data protection supervisor should be informed about cases where personal data are stored in cis for a period exceeding five years .


### – ‘ service providers active in the international supply chain ' means owners , shippers , consignees , freight forwarders , carriers and other intermediaries or persons involved in the international supply chain . ### – ‘ public or private service providers active in the international supply chain ' means owners , shippers , consignees , freight forwarders , carriers , producers and other involved intermediaries or persons involved in the international supply chain .


### documents , certified true copies of documents , attestations , all instruments or decisions which emanate from the administrative authorities , reports , and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant member state in the same way as if they had been obtained in the member state where the proceedings take place . ### documents , certified true copies of documents , attestations , all official acts or decisions which emanate from the administrative authorities , reports , and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant member state in the same way as if they had been obtained in the member state where the proceedings take place .


### without prejudice to the competences of the member states , for the purpose of risk management as set out in article 4 , points 25 and 26 , and article 13 of regulation no 2913 / 92 , and with a view to assisting the authorities referred to in article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of transport , including containers , used for that purpose , the commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain . that directory shall be directly accessible to those authorities . ### without prejudice to the competences of the member states , for the purpose of risk management as set out in article 4 , points 25 and 26 , and article 13 of regulation no 2913 / 92 , and with a view to assisting the authorities referred to in article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of air , sea or land transport , including containers , used for that purpose , the commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain . that directory shall be directly accessible to those authorities . to ensure that the information regarding the interests of member states ' service providers contained in this directory shall not be used in an improper way .


### the commission may make expertise , technical or logistical assistance , training or communication activity or any other operational support available to the member states both for the achievement of the objectives of this regulation and in the performance of member states’ duties in the framework of the implementation of the customs cooperation provided for by article 87 of the treaty on the functioning of the european union . for that purpose , the commission shall establish appropriate technical systems . ### the commission shall ensure expertise , technical or logistical assistance , training or communication activity or any other operational support available to the member states both for the achievement of the objectives of this regulation and in the performance of member states ' duties in the framework of the implementation of the customs cooperation provided for by article 87 of the treaty on the functioning of the european union . for that purpose , the commission shall establish appropriate technical systems .


### the commission shall establish and manage a directory containing data on import , export and transit of goods , including transit within a member state , as detailed in annexes 37 and 38 of commission regulation no 2454 / 93 , the &#8220 ; import , export , transit directory&#8221 ; . the member states shall authorise the commission to systematically replicate data relating to import , export and transit from the sources operated by the commission on the basis of regulation no 2913 / 92 establishing the community customs code . the member states shall supply to the commission data concerning the transit of goods within a member state and direct export . ### the commission shall establish and manage a directory containing data on import , export and transit of goods , including transit within a member state , as detailed in annexes 37 and 38 of commission regulation no 2454 / 93 , the ' import , export , transit directory ' . the member states shall authorise the commission to systematically replicate data relating to import , export and transit from the sources operated by the commission on the basis of regulation no 2913 / 92 establishing the community customs code . the member states shall , at the earliest possible date , supply to the commission data concerning the transit of goods within a member state and direct export . to ensure that the information regarding the interests of member states ' service providers contained in this directory shall not be used in an improper way .


### ‘ data included in the cis shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years . if personal data are stored for a period exceeding five years , the european data protection supervisor shall be informed accordingly’ . ### ' data included in the cis shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than five years . if personal data are stored for a period exceeding five years , the european data protection supervisor shall be informed accordingly’ .


### ‘ 1 . the period for which data may be stored shall depend on the laws , regulations and procedures of the member state supplying them . the maximum and non - cumulative periods , calculated from the date of entry of the data in the investigation file , which may not be exceeded are as follows : ### ‘ 1 . the period for which data may be stored shall depend on the laws , regulations and procedures of the member state supplying them . the need for the retention of data shall be reviewed by the supplying member state . the maximum and non - cumulative periods , calculated from the date of entry of the data in the investigation file , which may not be exceeded are as follows :


### ‘ 3 . the commission shall anonymise the data as soon as the maximum storage period provided for in paragraph 1 has elapsed . ’ ### ‘ 3 . the commission shall anonymise or delete the data as soon as the maximum storage period provided for in paragraph 1 has elapsed . ’


### for public or private service providers who , at the time of the entry into force of this regulation , are bound by private contracts that prevent them from fulfilling their obligation stipulated in article 18c , this shall take effect one year after the regulation has entered into force . ### for public or private service providers who , at the time of the entry into force of this regulation , are bound by private contracts that prevent them from fulfilling their obligation stipulated in article 18c , this shall take effect no earlier than one year after the required implementing and delegated acts referred to in article 18 enter into force .


### failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears , allowed areas of operation or , as appropriate , catch or effort limits on the species whose targeting is allowed ; or ### failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears , allowed areas of operation or , as appropriate , catch or effort limits on the species whose targeting is allowed ; ba ) failure to implement accompanying measures in accordance with article 12 ; or


### support , whether provided by governmental or non - governmental organisations , should be made available from the moment a crime takes place as well as throughout criminal proceedings and after such proceedings in accordance with the needs of the victim . support should be provided through a variety of means , without excessive formalities and through a sufficient geographical distribution to allow all victims the opportunity to access such services . certain groups of victims such as victims of sexual violence , gender , race hate or other bias crimes or victims of terrorism may require specialist support services due to the particular characteristics of the crime they have fallen victim to . ### support , whether provided by governmental or non - governmental organisations which are registered and monitored under national law , should be made available from the moment a crime takes place as well as throughout criminal proceedings and after such proceedings in accordance with the needs of the victim . support should be provided through a variety of means , without excessive formalities and through a sufficient geographical distribution to allow all victims the opportunity to access such services . certain groups of victims such as victims of sexual violence , gender , race hate or other bias crimes or victims of terrorism may require specialist support services due to the particular characteristics of the crime they have fallen victim to .


### any officials in criminal proceedings likely to come into contact with victims should be trained to identify and meet the needs of victims both through initial and ongoing training and to a level appropriate to their contact with victims . this should include specialist training as appropriate . ### any professionals in criminal proceedings likely to come into contact with victims should be trained to identify and meet the needs of victims both through initial and ongoing training and to a level appropriate to their contact with victims . this should include specialist training , for example concerning victims of sexual offences , families bereaved by murder , young victims of crime or victims of cross - border crime .


### member states shall ensure that victims are provided with the following information , without unnecessary delay , from their first contact with the authority competent to receive a complaint concerning a criminal offence : ### member states shall ensure that victims are provided with the following information , without undue delay , from their first contact with the authority competent to receive a complaint concerning a criminal offence :


### to what extent and on what terms they are entitled to receive legal advice , legal aid or any other sort of advice ; ### on what terms they are entitled to receive legal advice , legal aid or any other sort of independent and expert advice ;


### member states shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention . victims shall receive this information where they have expressed such a wish . ### member states shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention or if that person escapes from detention . victims shall receive this information where they have expressed such a wish .


### the complaint of the criminal offence to the competent authority ; ### the complaint concerning the criminal offence to the competent authority ;


### the suspected or accused person or offender must have accepted responsibility for their act ; ### the suspected or accused person or offender must have accepted responsibility for their act and must offer an apology and an explanation to the victim ;


### member states shall facilitate the referral of cases to mediation or other restorative justice services , including through the establishment of protocols on the conditions for referral . ### member states shall facilitate the referral of cases to mediation or other restorative justice services , including through the establishment of procedures on the conditions for referral .


### member states shall ensure that recoverable property belonging to victims which is seized in the course of criminal proceedings is returned to them without delay , unless required for the purpose of criminal proceedings . ### member states shall ensure that property belonging to victims which is seized in the course of criminal proceedings is returned to them without delay , unless required for the purpose of criminal proceedings .


### member states shall take measures to encourage offenders to provide adequate compensation to victims . ### member states shall take measures to encourage offenders to provide adequate compensation to victims and shall assist victims in the enforcement of compensation orders .


### member states shall progressively establish the necessary conditions to enable avoidance of contact between victims and accused or suspected persons in any venue where victims may have personal contact with public authorities due to their being a victim and in particular venues where criminal proceedings are conducted . ### member states shall establish the necessary conditions to enable avoidance of contact between victims and accused or suspected persons in any venue where victims may have personal contact with public authorities due to their being a victim and in particular venues where criminal proceedings are conducted .


### victims are interviewed without unjustified delay after the complaint of a criminal offence has been made to the competent authorities ; ### victims are interviewed without undue delay after the complaint concerning a criminal offence has been made to the competent authorities ;


### all interviews with victims of sexual violence are conducted by a person of the same sex . ### all interviews with victims of sexual violence are conducted by a person of the same sex unless otherwise requested by the victim .


### member states shall ensure that judicial authorities may adopt during the court proceedings , appropriate measures to protect the privacy and photographic images of victims and their family members . ### member states shall ensure that appropriate measures are adopted , in particular during the investigation , prosecution and court proceedings , to protect the privacy and photographic images of victims and their family members .


### member states shall ensure that police , prosecutors and court staff receive both general and specialist training to a level appropriate to their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial , respectful and professional manner . ### member states shall ensure that police , prosecutors and court staff always receive both general and specialist training to a level commensurate with their contact with victims to sensitise them to the needs of victims and to deal with them in an impartial , respectful and professional manner .


### member states shall ensure that members of the judiciary have access to both general and specialist training to sensitise them to the needs of victims and to deal with them in an impartial , respectful and professional manner . ### without prejudice to judicial independence and differences in the organisation of the judiciary across the union , member states shall ensure that members of the judiciary have access to both general and specialist training to make them aware of the needs of victims and of the need to deal with such victims in an impartial , respectful and professional manner , and that they are encouraged to take part in such training , including further training , where appropriate .


### member states shall take measures to ensure that those providing victim support and restorative justice services receive adequate training to a level appropriate to their contact with victims and observe professional standards to ensure such services are provided in an impartial , respectful and professional manner . ### member states shall always take measures to ensure that those providing victim support and restorative justice services receive adequate training to a level commensurate with their contact with victims and observe professional standards to ensure such services are provided in an impartial , respectful and professional manner .


### the objectives of the csf funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment as set out in article 11 and 19 of the treaty , taking into account the polluter pays principle . the member states should provide information on the support for climate change objectives in line with the ambition to devote at least 20% of the union budget to this end , using a methodology adopted by the commission by implementing act . ### the objectives of the csf funds should be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment as set out in article 11 and 19 of the treaty , taking into account the polluter pays principle .


### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . ### a performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period . the commission should undertake a performance review in cooperation with the member states in 2017 and 2019 . a performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained . due to their diversity and multi - country character , there should be no performance reserve for ' european territorial cooperation ' programmes . in cases where the shortfall in the achievement of milestones or targets is significant , the commission should be able to suspend payments to the programme or , at the end of the programming period , apply financial corrections , in order to ensure that the union budget is not used in a wasteful or inefficient way . if these suspensions or corrections pertain to a member state which is experiencing or threatened with serious difficulties with respect to its financial stability , these funds may be made available to the member state in a separate growth programme administered by the commission . this should be done on the basis of the programmes concerned but taking the priorities into account which ensure the maximum economic efficiency . the purpose of this arrangement is to avoid further aggravating the economic difficulties .


### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties . where , despite the enhanced use of csf funds , a member state fails to take effective action in the context of the economic governance process , the commission should have the right to suspend all or part of the payments and commitments . decisions on suspensions should be proportionate and effective , taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant member state and previous amendments to the partnership contract . when deciding on suspensions , the commission should also respect equality of treatment between member states , taking into account in particular the impact of the suspension on the economy of the member state concerned . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action . ### establishing a closer link between cohesion policy and the economic governance of the union will ensure that the effectiveness of expenditure under the csf funds is underpinned by sound economic policies and that the csf funds can , if necessary , be redirected to addressing the economic problems a country is facing . this process has to be gradual , starting with amendments to the partnership contract and to the programmes in support of council recommendations to address macroeconomic imbalances and social and economic difficulties . where , despite the enhanced use of csf funds , a member state fails to take effective action in the context of the economic governance process , the commission should have the right to suspend all or part of the payments and commitments . decisions on suspensions should be proportionate and effective , taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant member state and previous amendments to the partnership contract . when deciding on suspensions , the commission should also respect equality of treatment between member states , taking into account in particular the impact of the suspension on the economy of the member state concerned . the suspensions should be lifted and funds be made available again to the member state concerned as soon as the member state takes the necessary action . if a member state has failed to take adequate measures for more than three months , the commission may make the suspended funds available in a controlled manner in a programme administered by itself . this should be based on priorities of maximum support for growth , for example for economic infrastructure , in order to prevent greater damage to the regional economy and the social situation .


### it is necessary to lay down specific rules regarding the amounts to be accepted as eligible expenditure at closure , to ensure that the amounts , including the management costs and fees , paid from the csf funds to financial instruments are effectively used for investments and payments to final recipients . it is also necessary to lay down specific rules regarding the reuse of resources attributable to the support from the csf funds , including the use of legacy resources after the closure of the programmes . ### it is necessary to lay down specific rules regarding the amounts to be accepted as eligible expenditure at closure , to ensure that the amounts , including the management costs and fees , paid from the csf funds to financial instruments are effectively used for investments and payments to final recipients . it is also necessary to lay down specific rules regarding the reuse of resources attributable to the support from the csf funds , including the use of legacy resources after the closure of the programmes . these csf - attributed resources and legacy resources should be made available to member states experiencing substantial difficulties with regard to their financial stability jointly with other available funds , for example from financial corrections , under the administration of the commission and taking into account the priorities which most promote growth .


### in order to encourage financial discipline , it is appropriate to define the arrangements for decommitment of any part of the budget commitment in a programme , in particular where an amount may be excluded from decommitment , notably when delays in implementation result from circumstances which are independent of the party concerned , abnormal or unforeseeable and whose consequences cannot be avoided despite the diligence shown . ### in order to encourage financial discipline , it is appropriate to define the arrangements for decommitment of any part of the budget commitment in a programme , in particular where an amount may be excluded from decommitment , notably when delays in implementation result from circumstances which are independent of the party concerned , abnormal or unforeseeable and whose consequences cannot be avoided despite the diligence shown . in the case of a member state which is experiencing financial difficulties , the commission should , at the request of the member state , take over the administration of the funds and draw up a specific programme which in particular promotes economic growth in the member state concerned .


### in order to ensure a genuine economic impact , support from the funds should not replace public expenditure or equivalent structural expenditure by member states under the terms of this regulation . in addition , so that the support from the funds takes into account a broader economic context , the level of public expenditure should be determined with reference to the general macroeconomic conditions in which the financing takes place based on the indicators provided in the stability and convergence programmes submitted annually by member states in accordance with regulation no . 1466 / 1997 of 7 july 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies . verification by the commission of the principle of additionality should concentrate on the member states in which less developed and transition regions cover at least 15% of the population because of the scale of the financial resources allocated to them . ### in order to ensure a genuine economic impact , support from the funds should not replace public expenditure or equivalent structural expenditure by member states under the terms of this regulation . in addition , so that the support from the funds takes into account a broader economic context , the level of public expenditure should be determined with reference to the general macroeconomic conditions in which the financing takes place based on the indicators provided in the stability and convergence programmes submitted annually by member states in accordance with regulation no . 1466 / 1997 of 7 july 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies . verification by the commission of the principle of additionality should apply to all regions .


### the frequency of audits on operations should be proportionate to the extent of the union ' s support from the funds . in particular , the number of audits s carried out should be reduced where the total eligible expenditure for an operation does not exceed eur 100 000 . nevertheless , it should be possible to carry out audits at any time where there is evidence of an irregularity or fraud , or , following closure of a completed operation , as part of an audit sample . in order that the level of auditing by the commission is proportionate to the risk , the commission should be able to reduce its audit work in relation to operational programmes where there are no significant deficiencies or where the audit authority can be relied on . ### the frequency of audits on operations should be proportionate to the extent of the union ' s support from the funds . in particular , the number of audits s carried out should be reduced where the total eligible expenditure for an operation does not exceed eur 100 000 . for projects exceeding eur 10 million the commission should be required to carry out a mandatory audit . nevertheless , it should be possible to carry out audits at any time where there is evidence of an irregularity , relocation or fraud , or , following closure of a completed operation , as part of an audit sample . in order that the level of auditing by the commission is proportionate to the risk , the commission should be able to reduce its audit work in relation to operational programmes where there are no significant deficiencies or where the audit authority has , over the previous funding period , shown that it can be relied on .


### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments , decisions on financial corrections and decisions on special programmes for member states in financial difficulties .


### ' category of regions ' means the categorisation of regions as ' less developed regions ' , ' transition regions ' or ' more developed regions ' according to article 82 ; ### ' category of regions ' means the categorisation of regions as ' less developed regions ' or ' more developed regions ' according to article 82 ;


### the part of the union budget allocated to the csf funds shall be implemented within the framework of shared management between the member states and the commission , in accordance with article 53 of the financial regulation , with the exception of the amount of the cf transferred to the connecting europe facility referred to in article 84 and innovative actions at the initiative of the commission under article 9 of the erdf regulation , and technical assistance at the initiative of the commission . ### the part of the union budget allocated to the csf funds shall be implemented within the framework of shared management between the member states and the commission , in accordance with article 53 of the financial regulation , with the exception of the amount of the cf transferred to the connecting europe facility referred to in article 84 and innovative actions at the initiative of the commission under article 9 of the erdf regulation , and technical assistance at the initiative of the commission , as well as the programmes of assistance for member states in financial difficulties referred to in article 22 .


### a summary of the assessment of the fulfilment of ex ante conditionalities and of the actions to be taken at national and regional level , and the timetable for their implementation , where ex ante conditionalities are not fulfilled ; ### a summary of the assessment of the fulfilment of ex ante conditionalities and of the actions to be taken at european , national and regional level , and the timetable for their implementation , where ex ante conditionalities are not fulfilled ;


### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . regarding member states experiencing or threatened with financial difficulties , article 22 shall apply .


### resources for the investment for growth and jobs goal shall be allocated among the following three categories of nuts level 2 regions : ### resources for the investment for growth and jobs goal shall be allocated among the following two categories of nuts level 2 regions :


### the three categories of regions are determined on the basis of how their gdp per capita , measured in purchasing power parities and calculated on the basis of union figures for the period 2006 to 2008 , relates to the average gdp of the eu - 27 for the same reference period . ### the two categories of regions are determined on the basis of how their gdp per capita , measured in purchasing power parities and calculated on the basis of union figures for the period 2006 to 2008 , relates to the average gdp of the eu - 27 for the same reference period .


### immediately following the entry into force of this regulation , the commission shall adopt a decision by implementing act setting out the list of regions fulfilling the criteria of the three categories of regions referred to in paragraph 2 and of member states fulfilling the criteria of paragraph 3 . this list shall be valid from 1 january 2014 to 31 december 2020 . ### immediately following the entry into force of this regulation , the commission shall adopt a decision by implementing act setting out the list of regions fulfilling the criteria of the two categories of regions referred to in paragraph 2 and of member states fulfilling the criteria of paragraph 3 . this list shall be valid from 1 january 2014 to 31 december 2020 .


### 50 , 13 % for less developed regions ; ### 62 , 14&#160 ; % for less developed regions ;


### eligible population , regional prosperity , national prosperity and unemployment rate for less developed regions and transition regions ; ### eligible population , regional prosperity , national prosperity and unemployment rate for less developed regions ;


### at least 25 % of the structural funds resources for less developed regions , 40% for transition regions and 52% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf . ### at least 15 % of the structural funds resources for less developed regions and 25 % for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf .


### resources for the european territorial cooperation goal shall amount to 3 , 48 % of the global resources available for budgetary commitment from the funds for the period 2014 to 2020 . ### resources for the european territorial cooperation goal shall amount to 7 % of the global resources available for budgetary commitment from the funds for the period 2014 to 2020 .


### the total appropriations allocated to each member state in respect of less developed regions , transition regions and more developed regions shall not be transferable between each of those categories of regions . ### the total appropriations allocated to each member state in respect of less developed regions and more developed regions shall not be transferable between each of those categories of regions .


### as part of an operational programme or operational programmes , the erdf and the cohesion fund may support an operation comprising a series of works , activities or services intended in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and whose total cost exceeds eur 50 000 000 . financial instruments shall not be considered major projects . ### as part of an operational programme or operational programmes , the erdf and the cohesion fund may support an operation comprising a series of works , activities or services intended in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and whose total cost exceeds eur 10 000 000 . financial instruments shall not be considered major projects .


### the audit authority shall ensure that audits are carried out on the management and control systems , on an appropriate sample of operations and on the annual accounts . ### the audit authority shall ensure that audits are carried out on the proper functioning of the management and control system of the operational programmes and on an appropriate sample of operations on the basis of the expenditure declared to the commission . appropriate sampling methods are all statistical methods . where , due to the limited number of operations , these are not possible , a formal non - statistical method may be used , ensuring a representative sample of declared expenditure and allowing the audit authority to draw valid conclusions on the effective functioning of the system .


### the commission shall be empowered to adopt delegated acts in accordance with article 142 to set out the conditions which those audits shall fulfil . ### the commission shall be empowered to adopt delegated acts in accordance with article 142 , laying down the modalities of appropriate statistical or non - statistical sampling methods .


### the contribution from the funds cancelled in accordance with paragraph 2 may be reused by the member state within the operational programme concerned , subject to paragraph 4 . ### the contribution from the funds cancelled in accordance with paragraph 2 may be reused by the member state within the operational programme concerned once only , subject to paragraph 4 .


### in order to enhance the free movement of fruit juices and certain similar products within the european union , council directive 2001 / 112 / ec of 20 december 2001 relating to fruit juices and certain similar products intended for human consumption4 has laid down specific provisions regarding production , composition and labelling of the products concerned . those rules should be adapted to technical progress and should take account of developments in relevant international standards , in particular the codex standard for fruit juices and nectars which was adopted by the codex alimentarius commission during its 28th session on 4 - 9 july 2005 and the code of practice of the european fruit juice association . ### in order to enhance the free movement of fruit juices and certain similar products within the european union , council directive 2001 / 112 / ec of 20 december 2001 relating to fruit juices and certain similar products intended for human consumption4 has laid down specific provisions regarding production , composition and labelling of the products concerned . those rules should be adapted to technical progress and should take account of developments in relevant international standards , in particular the codex standard for fruit juices and nectars which was adopted by the codex alimentarius commission during its 28th session on 4 - 9 july 2005 and the code of practice of the european fruit juice association . the requirements laid down in this directive should apply equally to products manufactured in the union and to imported products .


### for products manufactured from two or more fruits , except where lemon and lime juice are used under the conditions laid down in part ii . 2 of annex i , the product names shall be supplemented by a list of the fruits used , in descending order of the volume of the fruit juices or purées included . however , in the case of products manufactured from three or more fruits , the indication of the fruits used may be replaced by the words ' several fruits ' or a similar wording , or by the number of fruits used . ### for products manufactured from two or more fruits , except where lemon and lime juice are used under the conditions laid down in part ii . 2 of annex i , the product names shall be supplemented by a list of the fruits used , in descending order of the weight of the fruit juices or purées included . however , in the case of products manufactured from three or more fruits , the indication of the fruits used may be replaced by the words ' several fruits ' or a similar wording , or by the number of fruits used .


### nectars and specific products of annex iii may be sweetened by the addition of sugars or honey . the sales name shall include the word ‘ sweetened’ or ‘ with added sugar’ , followed by an indication of the maximum quantity of sugar added , calculated as dry matter and expressed in grams per litre . ### nectars and specific products of annex iii may be sweetened by the addition of sugars or honey . the producer shall indicate on the product label the maximum quantity of sugar added , calculated as dry matter and expressed in grams per litre .


### the powers to adopt the delegated acts referred to in this directive shall be conferred on the commission for an indeterminate period of time . ### the powers to adopt the delegated acts referred to in article 10 shall be conferred on the commission for a period of five years following the entry into force of this directive . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period .


### the european parliament or the council may object to a delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament or the council may object to a delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council that period shall be extended by two months .


### salt , spices and aromatic herbs may be added to tomato juice and tomato juice from concentrate . ### salt , spices and aromatic herbs , and natural extracts thereof , may be added to tomato juices and carrot juices and to tomato juices and carrot juices from concentrate .


### fruit for the purposes of the present directive , tomato is also considered as a fruit . ### fruit for the purposes of the present directive , tomato and carrot are also considered to be fruits .


### citrus limon burm . f . ### citrus limon burm . f . citrus limonum rissa


### the agency should play an active role in maintaining and developing further the satellite imagery service for surveillance , the early detection of pollution and identification of the responsible ships or oil and gas installations . this system should improve the availability of data and the effectiveness of the response to pollution . ### the agency should play an active role in maintaining and developing further the satellite imagery service for surveillance , the early detection of pollution and identification of the responsible ships or oil and gas installations . this system should improve the availability of data and the effectiveness of the response to pollution , and should speed up both the initial response and the provision of appropriate support facilities .


### financial security should therefore be provided for the funding of the tasks entrusted to the agency in the field of pollution response and associated actions on the basis of a multiannual commitment . the annual amounts of the union contribution should be determined by the budgetary authority in accordance with the annual budgetary procedure . ### financial security should therefore be provided for the funding of the tasks entrusted to the agency in the field of pollution response and associated actions on the basis of a multiannual commitment . the size of that multiannual commitment needs to take account of the expansion of the agency ' s remit and the extension of the geographical scope of its response activities . the annual amounts of the union contribution should be determined by the budgetary authority in accordance with the annual budgetary procedure .


### on the basis of this report , the commission may , if appropriate , propose amendments to this regulation in particular in order to take account of scientific progress in the field of combating pollution caused by ships and marine pollution caused by oil and gas installations , especially pollution caused by oil or hazardous and noxious substances . ### on the basis of this report , the commission may , if appropriate , propose amendments to this regulation in particular in order to take account of scientific progress in the field of combating pollution caused by ships and marine pollution caused by oil and gas installations , especially pollution caused by oil or hazardous and noxious substances , as well as of changes to the regional and international commitments entered into by the union in this area .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . the award of works concessions is presently subject to basic rules of directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts while the award of services concessions with a cross - border interest is subject to the principles of the treaty , and in particular the principle of free movement of goods , freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . there is a risk of legal uncertainty related to different interpretations of the principles of the treaty by national legislators and of wide disparities among the legislations of different member states . such risk has been confirmed by the extensive case law of the court of justice of the european union but which has only partially addressed certain aspects of the award of concession contracts . hence , a uniform concretisation of the treaty principles across all member states and the elimination of discrepancies in their understanding following therefrom is necessary at the union level in order to eliminate persisting distortions of the internal market . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . in this context , concession contracts represent important instruments in the long - term structural development of infrastructures and strategic services . accordingly , they smooth the progress of competition within the internal market , enhancing private sector expertise , achieving efficiency and delivering innovation .


### for concessions above a certain value , it is appropriate to provide for a minimum coordination of national procedures for the award of such contracts based on principles of the treaty so as to guarantee the opening - up of concessions to competition and adequate legal certainty . those coordinating provisions should not go beyond what is necessary in order to achieve the aforementioned objectives . however , member states should be allowed to complete and develop further those provisions if they find it appropriate notably to better ensure compliance with the principles above . ### for concessions above a certain value , it is appropriate to provide for a minimum coordination of national procedures for the award of such contracts based on principles of the treaty so as to guarantee the opening - up of concessions to competition and adequate legal certainty . those coordinating provisions should not go beyond what is necessary in order to achieve the aforementioned objectives and guarantee a certain degree of flexibility . accordingly , member states should be allowed to complete and develop further those provisions if they find it appropriate notably to better ensure compliance with the principles above .


### difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of substantial operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupement of the investments and costs incurred by the operator for execution the work or providing the service depends on the actual demand for or the availability of the service or asset . ### difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of substantial operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an operating risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupement of the investments and costs incurred by the operator for execution the work or providing the service depends on the actual demand for or the availability of the service or asset .


### difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of substantial operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupement of the investements and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset . ### difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty and have given rise to numerous judgments of the court of justice of the european union on this subject . in view of the fact that the right to exploit the works or services always implies the transfer to the concessionaire of an economic risk , involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded , the definition of concession should be related to the concept of substantial operating risk . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract .


### in order to ensure adequate advertisement of works and services concessions above a certain value awarded by contracting entities and by the contracting authorities , the award of such contracts should be preceded by the compulsory publication of a concession notice in the official journal of the european union . the thresholds should reflect the clear cross - border interest of concessions to economic operators located in other member states . to calculate the value of a services concession , account must be taken of the estimated value of all services to be provided by the concessionaire from the point of view of a potential tenderer . ### in order to ensure adequate advertisement of works and services concessions above a certain value awarded by contracting entities and by the contracting authorities , the award of such contracts should be preceded by the compulsory publication of a concession notice in the official journal of the european union . the thresholds should reflect the clear cross - border interest of concessions to economic operators located in other member states .


### in order to ensure transparency and equal treatment , criteria for the award of concessions should always comply with some general standards . these should be disclosed in advance to all potential tenderers , be related to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice . they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified . in order to comply with these standards while improving legal certainty , member states may provide for the use of the criterion of the most economically advantageous tender . ### in order to ensure transparency and equal treatment , criteria for the award of concessions should always comply with some general standards . these should be disclosed in advance to all potential tenderers , be related to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice . they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified .


### concessions are usually long term , complex arrangements where the contractor assumes responsibilities and risks traditionally born by the contracting authorities and normally falling within their remit and contracting entities . for this reason , contracting authorities or entities should maintain a margin of flexibility in organising the awarding process , involving also a possibility to negotiate the content of the contract with the candidates . however , in order to ensure equal treatment and transparency throughout the awarding procedure , it is appropriate to provide for certain requirements as to the structure of the awarding process , including negotiations , the dissemination of information and the availability of written records . it is also necessary to provide that the initial terms of the concession notice should not be deviated from , in order to prevent unfair treatment of any potential candidates . ### concessions are usually long term , complex arrangements where the contractor assumes responsibilities and risks traditionally born by the contracting authorities and normally falling within their remit and contracting entities . for this reason , contracting authorities or entities should maintain a margin of flexibility in organising the awarding process . this involves to include flexibility in the use of award criteria in order to allow the contracting authority to carry out a global economic and qualitative analysis of the tender together with the possibility to negotiate the content of the contract with the candidates . however , in order to ensure equal treatment and transparency throughout the awarding procedure , it is appropriate to provide for certain requirements as to the structure of the awarding process , including negotiations , the dissemination of information and the availability of written records . it is also necessary to provide that the initial terms of the concession notice should not be deviated from , in order to prevent unfair treatment of any potential candidates .


### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the concession . in order to better integrate social considerations inthe award of concessions , procurers may also be allowed to include , in the award criteria , characteristics related to the working conditions . however , where the contracting authorities or contracting entities use the most economically advantageous tender , such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . contracting authorities and contracting entities should , also where they use the criterion of the most economically advantageous tender , be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the concession in question , as this may affect the quality of concession performance and , as a result , the economic value of the tender . ### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the concession . those criteria may include environmental , social or innovation - related criteria as well as elements relating to public policy objectives aimed at promoting sustainable economic growth and social cohesion . in order to better integrate social considerations in the award of concessions , procurers may also be allowed to include , in the award criteria , characteristics related to the working conditions . those characteristics may concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party .


### concessions should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities and contracting entities should be given the possibility to exclude candidates or tenderers for serious violations of union or national law aimed at the protection of public interests compatible with the treaty or where the economic operator has shown significant or persistent deficiencies in the performance of a prior concession or concessions of a similar nature with the same contracting authority or contracting entity . ### concessions should not be awarded to economic operators that have participated in a criminal organisation , including participation in exploitation of human trafficking and child labour , or have been found guilty of corruption , fraud to the detriment of the union’s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities and contracting entities should be given the possibility to exclude candidates or tenderers for serious violations of union or national law aimed at the protection of public interests compatible with the treaty or where the economic operator has shown significant or persistent deficiencies in the performance of a prior concession or concessions of a similar nature with the same contracting authority or contracting entity .


### the calculation of the estimated value of a concession shall be based on the total amount payable , net of vat , as estimated by the contracting authority or the contracting entity , including any form of option and any extension of the duration of the concession . ### the estimated value of a concession shall be the result of the total revenue of the concessionaire from the beginning of the concession contract to its end .


### the estimated value of a concession shall be calculated as the value of an entirety of works or services , even if purchased through different contracts , where the contracts are part of one single project . indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity , the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked . where the contracting authority or the contracting entity provides for prizes or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the concession . ### the method for calculating the estimated value of a concession shall be specified in the concession documents .


### at least 90% of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 or other legal persons controlled by the same contracting authority or entity ; ### all the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of article 4 or other legal persons controlled by the same contracting authority or entity ;


### the agreement establishes a genuine co - operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties ; ### the agreement establishes a genuine co - operation between the participating contracting authorities or entities acting as a competent authorities in order to jointly ensure the organisation of the same public service mission ;


### the agreement is governed only by considerations relating to the public interest ; ### the agreement is governed only by considerations relating to the public interest and has no market orientation ;


### the participating contracting authorities or entities shall do not perform on the open market more than 10% in terms of turnover of the activities which are relevant in the context of the agreement ; ### the participating contracting authorities or entities shall do not perform on the open market ;


### the absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement . ### the absence of private participation and all other conditions referred to in paragraphs 1 to 4 shall be verified at the time of the award of the concession or of the conclusion of the agreement .


### the exceptions provided for in this article shall cease to apply from the moment any private participation takes place , with the effect that ongoing concessions need to be opened to competition through regular concession award procedures . ### the exceptions provided for in this article shall cease to apply from the moment any of the cumulative conditions listed therein is no longer fulfilled , with the effect that ongoing concessions need to be opened to competition through regular concession award procedures .


### the duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a reasonable return on invested capital . ### for concessions lasting for more than five years , the maximum duration of the concession shall not exceed the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works , or services , including preliminary costs , together with a reasonable return on invested capital corresponding to a return expected under normal market conditions .


### groups of economic operators may submit tenders or put themselves forward as candidates . ### groups of economic operators may submit tenders or put themselves forward as candidates . groups of economic operators , notably smes may take the form of a consortium of enterprises .


### contracting authorities and contracting entities wishing to award a concession shall make known their intention by means of a concession notice . ### contracting authorities and contracting entities wishing to award a concession shall make known their intention by means of a concession notice pursuing to article&#160 ; 28 .


### where the works or services can be supplied only by a particular economic operator due to the absence of competition for technical reasons , the protection of patents , copyrights or other intellectual property rights or he protection of other exclusive rights and where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the concession award ; ### where the works or services can be supplied only by a particular economic operator for any of the following reasons : the aim of the concession is the creation or acquisition of a unique work of art or artistic performance ; the competition is absent for technical reasons ; the protection of patents , copyrights or other intellectual property rights or the protection of other exclusive rights . the exceptions set out in points and shall only apply when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the concession award ;


### for the purposes of point of the first subparagraph , a tender shall be considered not to be suitable where : ### for the purposes of point of the first subparagraph of paragraph 4 , a tender shall be considered not to be suitable where :


### when determining the applicable national law in accordance with point , contracting authorities or contracting entities may choose the national provisions of any member state in which at least one of the participating authorities is located . ### when determining the applicable national law in accordance with point , contracting authorities or contracting entities shall choose the national provisions of any member state in which at least one of the participating authorities is located .


### contracting authorities shall specify , in the concession notice the conditions for participation relating to : suitability to pursue the professional activity ; economic and financial standing ; technical and professional ability . contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the concession to be awarded . all requirements shall be related and strictly proportionate to the subject - matter of the contract , taking into account the need to ensure genuine competition . contracting authorities and contracting entities shall also indicate in the concession notice the reference or references to be submitted as proof of the economic operator ' s capacities . the requirements in respect of those references shall be non - discriminatory and proportionate to the subject - matter of the concession . ### contracting authorities shall specify , in the concession notice the conditions for participation relating to : suitability to pursue the professional activity ; economic and financial standing ; technical and professional ability . all requirements shall be related and strictly proportionate to the need to ensure the ability of the concessionaire to perform the concession , taking into account the subject - matter of the contract , and the purpose of ensuring genuine competition . contracting authorities and contracting entities shall also indicate in the concession notice the reference or references to be submitted as proof of the economic operator ' s capacities . the requirements in respect of those references shall be non - discriminatory and proportionate to the subject - matter of the concession .


### member states shall adopt rules combating favouritism , corruption and preventing conflicts of interest , aimed at ensuring the transparency of the award procedure and the equal treatment of all tenderers . ### member states shall adopt appropriate rules to prevent , identify and immediately remedy favouritism , corruption and conflicts of interest , aimed at ensuring the transparency of the award procedure and the equal treatment of all tenderers .


### money laundering , as defined in article 1 of council directive 91 / 308 / eec . ### money laundering and terrorist financing , as defined in article 1 of council directive 2005 / 60 / ec .


### any candidate or tenderer that is in one of the situations referred to in paragraphs 5 to 7 may provide the contracting authority or contracting entity with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion . ### any candidate or tenderer that is in one of the situations referred to in paragraphs 1 to 3 may provide the contracting authority or contracting entity with evidence demonstrating its reliability or , where appropriate , the reliability of its sub - contractor , despite the existence of the relevant ground for exclusion .


### setting time limits ### time limits for submission of applications for the concession


### when fixing the time limits for the submission of applications for the concession and submission of tenders , contracting authorities or contracting entities shall take account in particular of the complexity of the concession and the time required for drawing up tenders , without prejudice to the minimum time limits set out in article 37 . ### when fixing the time limits for the submission of applications for the concession and submission of tenders , contracting authorities or contracting entities shall take account in particular of the complexity of the concession and the time required for drawing up tenders , without prejudice to the minimum time limits set out in paragraphs 3 and 4 .


### time limits for submission of applications for the concession where contracting authorities and contracting entities resort to a concession , the time limit for the submission of applications for the concession shall be not less than 52 days from the date on which the concession notice was sent . 2 . the time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with article 25 . ### deleted 3 . where contracting authorities and contracting entities resort to a concession , the time limit for the submission of applications for the concession shall be not less than 52 days from the date on which the concession notice was sent . 4 . the time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with article 25 .