### where the objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system include requirements relating to the economic and financial capacity of the economic operator , or to its technical and professional abilities , the economic operator may where necessary rely on the capacity of other entities , whatever the legal nature of the link between itself and those entities . in this case the economic operator shall prove to the contracting entity that those resources will be available to it throughout the period of the validity of the qualification system , for example by producing an undertaking by those entities to that effect . in the case of economic and financial standing , contracting entities may require that the economic operator and those entities are jointly liable for the execution of the contract . ### where the objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system include requirements relating to the economic and financial capacity of the economic operator , or to its technical and professional abilities , the economic operator may where necessary rely only on the material capacity of other entities , with due regard for the legal nature of the link between itself and those entities . in this case the economic operator shall prove to the contracting entity that those resources will be available to it throughout the period of the validity of the qualification system , for example by producing an undertaking by those entities to that effect . contracting entities shall require that the economic operator and those entities are jointly liable for the execution of the contract .


### without prejudice to national laws , regulations or administrative provisions on the remuneration of certain services , the criteria on which contracting entities shall base the award of contracts shall be one of the following : ### without prejudice to national laws , regulations or administrative provisions on the remuneration of certain services , the criterion on which contracting entities shall base the award of contracts shall be the most economically advantageous tender .


### those criteria shall include in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the contract in question , such as : ### the contracting entity shall identify the most economically advantageous tender in accordance with paragraph 1 , based on criteria linked to the subject - matter of the contract in question . in addition to price and costs , evaluated with a cost - effectiveness approach only , including the determination of life cycle costs according to the conditions set out in article 77 , such criteria shall include :


### award criteria shall not confer an unrestricted freedom of choice on the contracting entity . they shall ensure the possibility of effective competition and shall be accompanied by requirements which allow the information provided by the tenderers to be effectively verified . contracting entities shall verify effectively , on the basis of the information and proof provided by the tenderers , whether the tenders meet the award criteria . ### award criteria shall ensure effective competition and shall be accompanied by requirements which allow the information provided by the tenderers to be effectively verified . contracting entities shall verify , on the basis of the information and proof provided by the tenderers , whether the tenders meet the award criteria .


### in the case referred to in point of paragraph 1 , the contracting entity shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### the contracting entity shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender .


### the relative weighting or order of importance shall be specified , as appropriate , in the notice used as a means of calling for competition , in the invitation to confirm interest , in the invitation to tender or to negotiate , or in the specifications . ### the relative weighting or order of importance shall be specified , appropriately , in the notice used as a means of calling for competition , in the invitation to confirm interest , in the invitation to tender or to negotiate , or in the specifications .


### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied where life - cycle costing is included in the award criteria referred to in article 76 . ### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied in accordance with the award criteria referred to in article 76 .


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


### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 5% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications . ### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 10% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications .


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


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


### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation . ### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant documents such as summit declarations or conclusions of ministerial meetings with the partner countries , notably within the framework of the eastern and southern dimensions of the european neighbourhood policy , 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 , as well as the needs and capacities of the partner country in question and the potential impact of union support , which shall be measured using specific performance indicators established by the commission . such differentiation shall also 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 .


### 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 , as well as under other financial instruments provided for in the 2014 - 2020 mff , such as the financing instrument for development cooperation , and other support provided by the union , the member states and the european investment bank .


### the union and the member states shall coordinate their respective support programmes with the aim of increasing effectiveness and efficiency in the delivery of support and policy dialogue in line with the established principles for strengthening operational coordination in the field of external support , and for harmonising policies and procedures . coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the support cycle , in particular at field level , and may lead to joint programming , delegated co - operation and / or transfer arrangements . ### the union and the member states shall coordinate their respective support programmes with the aim of increasing effectiveness and efficiency in the delivery of support and policy dialogue and preventing overlapping of funding in line with the established principles for strengthening operational coordination in the field of external support , and for harmonising policies and procedures . coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the support cycle , in particular at field level , and may lead to joint programming , delegated co - operation and / or transfer arrangements . the coordination shall also involve financing under different internal and external instruments .


### for multi - country programmes , a comprehensive programming document including a strategy and a multi - annual indicative programme shall be adopted in accordance with the examination procedure referred to in article 15 of the common implementing regulation . it shall define the priorities for union support towards the region or the sub - region and the indicative level of funding broken down by priority . it shall have an appropriate multi - annual duration . ### for multi - country programmes , a comprehensive programming document including a strategy and a multi - annual indicative programme shall be adopted in accordance with the examination procedure referred to in article 15 of the common implementing regulation . it shall define the priorities for union support towards the region or the sub - region , based where applicable on the priorities included in the multilateral documents referred to in article 3 , and the indicative level of funding broken down by priority . it shall have an appropriate multi - annual duration .


### financial allocations for country and multi - country programmes shall be determined using transparent and objective criteria reflecting the differentiation principle referred to in article 4 . ### financial allocations for country and multi - country programmes shall be determined using transparent and objective criteria , clearly established and assessed , and reflecting the differentiation principle referred to in article 4 .


### member states and other donors that have committed to jointly programme their support with the eu shall be involved in the programming process . the programming documents may also cover their contribution as appropriate . ### member states and other donors that have committed to jointly programme their support with the eu shall be involved in the programming process . the programming documents may also cover their contribution as appropriate . the european parliament and the council shall be duly informed at all stages of the programming process , especially when union budgetary spending is involved .


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


### as referred to in article 13 , paragraph 2 of the ' erasmus for all ' regulation , in order to promote the international dimension of higher education , an indicative amount of eur 1 812 100 000 from the different external instruments , will be allocated to actions of learning mobility to or from non eu countries and to cooperation and policy dialogue with authorities / institutions / organisations from these countries . the provisions of the ' erasmus for all ' regulation will apply to the use of those funds . ### as referred to in article 13 , paragraph 2 of the ' erasmus for all ' regulation , in order to promote the international dimension of higher education , an indicative amount corresponding to 2 % of the financial allocations available for the participating instruments , will be allocated to actions of learning mobility to or from non eu countries and to cooperation and policy dialogue with authorities / institutions / organisations from these countries . the provisions of the ' erasmus for all ' regulation will apply to the use of those funds .


### the programme should contribute to develop excellence in european integration studies world - wide , it should in particular support institutions that have a european governance structure , cover the whole spectrum of policy fields that are of interest for the union , are non profit organisations and provide recognised academic degrees . ### the programme should contribute to develop excellence in european integration studies and training world - wide , it should in particular support institutions that have a european governance structure , cover the whole spectrum of policy fields that are of interest for the union , are non profit organisations and provide recognised academic degrees .


### the european commission and the high representative of the european union for foreign affairs and security policy , in their joint communication on a new response to a changing neighbourhood outlined , inter alia , the aim to further facilitate neighbourhood countries’ participation in union mobility and capacity building actions in higher education and the opening of the future education programme to neighbouring countries . ### the european commission and the high representative of the european union for foreign affairs and security policy , in their joint communication on a new response to a changing neighbourhood outlined , inter alia , the aim to further facilitate neighbourhood countries’ participation in union mobility and capacity building actions in education and higher education and the opening of the future education programme to neighbouring countries .


### ' lifelong learning ' means all general education , vocational education and training , non - formal education and informal learning undertaken throughout life , resulting in an improvement in knowledge , skills and competences within a personal , civic , social and / or employment - related perspective , including the provision of counselling and guidance services ; ### ' lifelong learning ' means all general education , vocational education and training , non - formal education and informal learning undertaken throughout life , fostering an improvement in knowledge , skills and competences within a personal , civic , social and / or employment - related perspective and a sense of european identity , including the provision of counselling and guidance services ;


### ' cooperation for innovation and good practices ' means transnational cooperation projects involving organisations active in the fields of education , training and / or youth and may include other organisations . ### ' cooperation for innovation and good practices ' means transnational and international cooperation projects involving organisations active in the fields of education , training and / or youth and may include other organisations ;


### ' support for policy reform ' means any type of activity aimed at supporting and facilitating the modernization of education and training systems through the process of policy cooperation between member states , in particular the open methods of coordination ; ### ' support for policy reform ' means any type of activity aimed at supporting and facilitating the modernisation of education and training systems , and promoting the development of european citizenship , through the process of policy cooperation between member states , in particular the open method of coordination ;


### ' virtual mobility ' stands for a set of information and communications technology supported activities , organized at institutional level , that realize or facilitate international , collaborative experiences in a context of teaching and / or learning ; ### ' virtual mobility ' stands for a set of information and communications technology supported activities , organized at institutional level , that realize or facilitate international , collaborative experiences in a context of teaching and / or learning irrespective of age ;


### their complementarity and synergy with other national , international and other union programmes and policies , allowing for economies of scale and critical mass ; ### their complementarity and synergy with other regional , national , international and other union programmes and policies , allowing for economies of scale and critical mass ;


### to promote the emergence of a european lifelong learning area , trigger policy reforms at national level , support the modernisation of education and training systems , including non - formal learning , and support european cooperation in the youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ### to promote the emergence of a european lifelong learning area , trigger policy reforms at national level , support the modernisation of education and training systems , including informal and non - formal learning , and support european cooperation in the youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ;


### this action will also support the transnational mobility of students , young people and staff to and from third countries as regards higher education including mobility organised on the basis of joint , double or multiple degrees of high quality or joint calls , as well as non - formal learning . ### this action will also support the transnational mobility of students , vocational training students and young people , students of all ages and staff to and from third countries as regards higher education including mobility organised on the basis of joint , double or multiple degrees of high quality , language training and adult education or joint calls , as well as non - formal learning .


### to promote social inclusion , equal opportunities and health - enhancing physical activity through increased participation in sport . ### to promote voluntary activities in sport , as well as social inclusion , equal opportunities and health - enhancing physical activity through increased participation in sport .


### in accordance with the expected value added of the three types of actions as referred to in article 6 , and with the principles of critical mass , concentration , efficiency and performance , the amount indicated in article 13 will be indicatively allocated as follows : ### subject to article 13 , the implementation of the programme shall not result in an allocation to the main education and training and lifelong learning sectors of less than : higher education : 25% vocational education and training : 15% school education : 7% adult education : 5% - education for older people : 3%


### the funds for the learning mobility of individuals referred to in article 6 that are to be managed by a national agency shall be allocated on the basis of population and cost of living in the member state , distance between capitals of member states and performance . the parameter of performance accounts for 25% of the total funds according to the criteria as referred to in paragraphs 7 and 8 . ### the funds for the learning mobility of individuals referred to in article 6 . 1 and article 10b that are to be managed by a national agency shall be allocated on the basis of population and cost of living in the member state , distance between capitals of member states and performance . the parameter of performance accounts for 25% of the total funds according to the criteria as referred to in paragraphs 7 and 8 . the funds for strategic partnerships referred to in article 8 and article 10d that are to be selected and managed by a national agency shall be allocated on the basis of criteria to be defined by the commission in accordance with the examination procedure referred to in article 30 . these formulae should , as far as possible , be neutral with respect to the different education and training systems of the member states , should avoid substantial reductions in the annual budget allocated to member states from one year to another and should minimize excessive imbalances in the level of grants allocated .


### any public and private body active in the areas of education , training , youth and grassroots sport may apply within this programme . ### any public or private body active in the fields of education , training , youth and sport may apply within this programme . in the case of article 10c and article 10d , the programme is also intended to support groups of young people who are active in youth work , but not necessarily in the context of a youth organisation .


### any public and private body active in the areas of education , training , youth and grassroots sport may apply within this programme . ### any public and private body , organisation , church , social partner , undertaking , particularly smes , or informal group active in the areas of education , training , youth and grassroots sport may apply within this programme .


### in order to guarantee the opening up to competition of procurement by entities operating in the water , energy , transport and postal services sectors , provisions should be drawn up coordinating procurement procedures in respect of contracts above a certain value . such coordination is needed to ensure the effect of the principles of the treaty on the functioning of the european union and in particular the free movement of goods , the freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . in view of the nature of the sectors affected by such coordination , the latter should , while safeguarding the application of those principles , establish a framework for sound commercial practice and should allow maximum flexibility . ### in order to guarantee the opening up to competition of procurement by entities operating in the water , energy , transport and postal services sectors , provisions should be drawn up coordinating procurement procedures in respect of contracts above a certain value . such coordination is needed to ensure the effect of the principles of the treaty on the functioning of the european union and in particular the free movement of goods , the freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . in view of the nature of the sectors affected by such coordination , the latter should , while safeguarding the application of those principles , establish a framework for sound commercial practice and should allow maximum flexibility at every level of the public procurement procedure , particularly favouring small and medium - sized enterprises .


### 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 . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and 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 have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### 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 . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and 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 have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement procedures and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure transparency , fairness and better legal certainty , and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### 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 . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and 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 have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### 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 . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and 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 have to be revised and modernised in order to increase the efficiency of public spending , simplifying in particular access for small and medium - sized enterprises in public procurement , and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### 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 . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and 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 have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### 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 . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and 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 have to be revised and modernised in order to increase the efficiency of public spending , facilitating and encouraging in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals , without prejudice to the latter autonomy of decision on what to procure and to buy . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### illicit conduct by participants in a procurement procedure , such as attempts to unduly influence the decision - making process or to enter into agreements with other candidates to manipulate the outcome of the procedure can result in violations of the basic principles of union law and in serious distortions of competition . economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false . ### illicit conduct by participants in a procurement procedure , such as attempts to unduly influence the decision - making process or to enter into agreements with other candidates to manipulate the outcome of the procedure can result in violations of the basic principles of union law and in serious distortions of competition . economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and will be excluded from both the corresponding and subsequent procurement procedures within the eu if this declaration proves to be false .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . contracting entities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting entities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary “market - pull” incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . contracting entities should make the best strategic use of public procurement to spur research and innovation , particularly at regional and local level . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting entities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary “market - pull” incentivising the development of an innovative solution without foreclosing the market .


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


### there is a strong trend emerging across union public procurement markets towards the aggregation of demand by public purchasers , with a view to obtaining economies of scale , including lower prices and transaction costs , and to improving and professionalising procurement management . this can be achieved by concentrating purchases either by the number of contracting entities involved or by volume and value over time . however , the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion , and to preserve transparency and competition , as well as market access opportunities for small and medium - sized enterprises . ### there is a strong trend emerging across union public procurement markets towards the aggregation of demand by public purchasers , with a view to obtaining economies of scale , including lower prices and transaction costs , and to improving and professionalising procurement management . this can be achieved by concentrating purchases either by the number of contracting entities involved or by volume and value over time . however , the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion , and to preserve transparency and competition , as well as to enhance market access opportunities for small and medium - sized enterprises by encouraging greater flexibility and suppleness in public procurement procedures .


### joint awarding of contracts by contracting entities from different member states currently encounters specific legal difficulties , with special reference to conflicts of national laws . despite the fact that directive 2004 / 17 / ec implicitly allowed for cross - border joint public procurement , in practice several national legal systems have explicitly or implicitly rendered cross - border joint procurement legally uncertain or impossible . contracting entities from different member states may be interested in cooperating and in jointly awarding contracts in order to derive maximum benefit from the potential of the internal market in terms of economies of scale and risk - benefit sharing , not least for innovative projects involving a greater amount of risk than reasonably bearable by a single contracting entity . therefore new rules on cross - border joint procurement designating the applicable law should be established in order to facilitate cooperation between contracting entities across the single market . in addition , contracting entities from different member states may set up joint legal bodies established under national or union law . specific rules should be established for such form of joint procurement . ### joint awarding of contracts by contracting entities from different member states currently encounters specific legal difficulties , with special reference to conflicts of national laws . despite the fact that directive 2004 / 17 / ec implicitly allowed for cross - border joint public procurement , in practice several national legal systems have explicitly or implicitly rendered cross - border joint procurement legally uncertain or impossible . contracting entities from different member states may be interested in cooperating and in jointly awarding contracts in order to derive maximum benefit from the potential of the internal market in terms of economies of scale and risk - benefit sharing , not least for innovative projects involving a greater amount of risk than reasonably bearable by a single contracting entity . therefore new rules on cross - border joint procurement designating the applicable law should be established in order to facilitate cooperation between contracting entities across the single market . in addition , contracting entities from different member states may set up joint legal bodies established under national or union law . specific rules should be established for such form of joint procurement . similarly , in the context of cross - border public procurement , it is absolutely necessary to clarify the aspects relating to intellectual property law ;


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


### the evaluation has shown that member states do not consistently and systematically monitor the implementation and the functioning of public procurement rules . this has a negative impact on the correct implementation of provisions stemming from those directives , which is a major source of cost and uncertainty . several member states have appointed a national central body dealing with public procurement issues , but the functions that such bodies are empowered with vary considerably across member states . clearer , more consistent and authoritative monitoring and control mechanisms would increase knowledge of the functioning of procurement rules , legal certainty for businesses and contracting entities , and contribute to establish a level playing field . such mechanisms could serve as tools for detection and early resolution of problems , especially with regard to projects cofunded by the union , and for the identification of structural deficiencies . there is in particular a strong need to coordinate those mechanisms to ensure consistent application , controls and monitoring of public procurement policy , as well as systematic assessment of the outcomes of procurement policy across the union . ### the evaluation has shown that member states do not consistently and systematically promote and monitor the implementation and the functioning of public procurement rules . this has a negative impact on the correct implementation of provisions stemming from those directives , which is a major source of cost and uncertainty . several member states have appointed a national central body dealing with public procurement issues , but the tasks entrusted to such bodies vary considerably across member states . clearer , more consistent and authoritative information , monitoring and control mechanisms would increase knowledge of the functioning of procurement rules , improve legal certainty for businesses and contracting authorities , and contribute to establishing a level playing field . such mechanisms could serve as tools for the prevention , detection and early resolution of problems , particularly in the case of projects cofunded by the union , and for the identification of structural deficiencies . it is vital that those mechanisms be coordinated to ensure consistent application , control and monitoring of public procurement policy , as well as systematic assessment of its outcomes across the union .


### not all contracting entities may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting entities ; on the other hand , business , not least smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis . ### not all contracting entities , and particularly local authorities , may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting authorities ; on the other hand , business , not least smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis .


### not all contracting entities may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting entities ; on the other hand , business , not least smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis . ### not all contracting entities may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support constitutes an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting entities ; on the other hand , business , and in particular smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis .


### monitoring , oversight and support structures or mechanisms exist already at national level and can of course be used to ensure monitoring , implementation and control of public procurement and to provide the required support to contracting entities and economic operators . ### monitoring , oversight and support structures or mechanisms exist already at national level and can of course be used to ensure monitoring , implementation and control of public procurement and to provide the required support at all stages of the public procurement process to contracting entities , and particularly local and regional authorities , and to economic operators , and particularly small and medium - sized enterprises , operators .


### every two years from 30 june 2014 , the commission shall verify that the thresholds set out in points and of article 12 correspond to the thresholds established in the government procurement agreement , and shall , where necessary , revise them . ### every two years from 30 june 2014 , the commission shall verify that the thresholds set out in points and of article 12 correspond to the thresholds established in the government procurement agreement , and shall , where necessary and after consulting the member states on the application of the thresholds to certain sectors and types of contacts , revise them .


### arbitration and conciliation services ; ### arbitration and conciliation services , including dispute adjudication services ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### the activities in their entirety of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority or with respect to the provision of services of general interest ;


### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities ; ### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities whereas contracting authorities can appoint mutual representatives only ;


### principles of procurement ### purpose and principles of procurement


### contracting entities may establish specific conditions for the performance of the contract by a group , provided that those conditions are justified by objective reasons and proportionate . those conditions may require a group to assume a specific legal form once it has been awarded the contract , to the extent that this change is necessary for the satisfactory performance of the contract . ### contracting entities may establish specific conditions for the performance of the contract by a group , provided that those conditions are justified by objective reasons and proportionate . those conditions may require a group to assume a specific legal form once it has been awarded the contract , if and to the extent that this change is strictly necessary for the satisfactory performance of the contract .


### member states may reserve the right to participate in procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes , provided that more than 30% of the employees of those workshops , economic operators or programmes are disabled or disadvantaged workers . ### member states may reserve the right to participate in procurement procedures to : sheltered workshops , or provide for such contracts to be performed in the context of sheltered employment programmes , provided that the majority of the employees concerned are disabled persons who , by reason of the nature of the seriousness of their disabilities , cannot carry on occupations under normal conditions or easily find employment on the ordinary market ; b ) social enterprises or programmes whose main aim is the social and professional integration of disadvantaged workers , provided that more than 30% of the employees of those enterprises or programmes are disabled or disadvantaged workers .


### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in articles 64 and 69 of this directive the contracting entity shall not disclose information forwarded to it by economic operators which they have designated as confidential , including , but not limited to , technical or trade secrets and the confidential aspects of tenders . ### unless otherwise provided in this directive or in the national law concerning access to information , and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in articles 64 and 69 of this directive the contracting entity shall not disclose any information forwarded to it by economic operators either they have designated it as confidential or not , including , but not limited to , technical or trade secrets and the confidential aspects of tenders , unless it is absolutely necessary for the purpose of this directive or of the applicable national law .


### the minimum time limit for the receipt of tenders shall be 40 days from the date on which the contract notice was sent . ### the minimum time limit for the receipt of tenders shall be 52 days from the date on which the contract notice was sent .


### the minimum time limit for the receipt of requests to participate shall , as a general rule , be fixed at no less than 30 days from the date on which the contract notice or the invitation to confirm interest is sent and may in no case be less than 15 days . ### the minimum time limit for the receipt of requests to participate shall , as a general rule , be fixed at no less than 37 days from the date on which the contract notice or the invitation to confirm interest is sent and may in no case be less than 15 days .


### where it is not possible to reach agreement on the time limit for the receipt of tenders , the contracting entity shall fix a time limit which shall in no case be less than 10 days from the date on which the invitation to tender is sent . ### where it is not possible to reach agreement on the time limit for the receipt of tenders , the contracting entity shall fix a time limit which shall in no case be less than 20 days from the date on which the invitation to tender is sent .


### the minimum time limit for the receipt of requests to participate shall , as a general rule , be fixed at no less than 30 days from the date on which the contract notice or , where a periodic indicative notice is used as a means of calling for competition , the invitation to confirm interest is sent and may in no case be less than 15 days . ### the minimum time limit for the receipt of requests to participate shall , as a general rule , be fixed at no less than 37 days from the date on which the contract notice or , where a periodic indicative notice is used as a means of calling for competition , the invitation to confirm interest is sent and may in no case be less than 15 days .


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### a framework agreement shall not exceed the term put in place by national provisions of the individual member states .


### contracting entities may use electronic auctions in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented . ### contracting entities may use electronic auctions in which new prices , revised downwards , and / or new values concerning certain elements of tenders are presented . certain service contracts and certain works contracts having as their subject - matter intellectual performances , such as the design of works , may not be the objects of electronic auctions .


### in the absence of an agreement determining the applicable public procurement law , the national legislation governing the contract award shall be determined following the rules set out below : ### in the absence of an agreement determining the applicable public procurement law under paragraph 3 , the national legislation governing the contract award shall be determined following the rules set out below :


### such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders . the candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment . ### such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders . the candidate or tenderer concerned shall only be excluded from the procedure where the contracting authority proves that there are no other means to ensure compliance with the duty to observe the principle of equal treatment .


### the technical specifications shall also specify whether the transfer of intellectual property rights will be required . ### the technical specifications shall also specify whether the transfer of intellectual property rights will be required and if so , the conditions of remuneration for the acquisition of such rights .


### contracting entities may make known their intentions of planned procurement through the publication of a periodic indicative notice as soon as possible after the beginning of the budgetary year . those notices shall contain the information set out in part a , section i of annex vi . they shall be published either by the commission or by the contracting entities on their buyer profiles in accordance with point 2 of annex ix . where the notice is published by the contracting entities on their buyer profile , they shall send a notice of the publication of the periodic indicative notice on a buyer profile in accordance with point 3 of annex ix . ### contracting entities shall make known their intentions of planned procurement through the publication of a periodic indicative notice as soon as possible after the beginning of the budgetary year . those notices shall contain the information set out in part a , section i of annex vi . they shall be published either by the commission or by the contracting entities on their buyer profiles in accordance with point 2 of annex ix . where the notice is published by the contracting entities on their buyer profile , they shall send a notice of the publication of the periodic indicative notice on a buyer profile in accordance with point 3 of annex ix .


### without prejudice to national laws , regulations or administrative provisions on the remuneration of certain services , the criteria on which contracting entities shall base the award of contracts shall be one of the following : ### without prejudice to national laws , regulations or administrative provisions concerning the remuneration of certain services , the criterion on which contracting authorities shall base the award of public contracts shall be the most economically advantageous tender ;


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental and social characteristics , contributing to sustainable growth and employment , and innovative character ;


### member states may provide that the award of certain types of contracts shall be based on the most economically advantageous tender referred to in point of paragraph 1 and in paragraph 2 . ### member states may provide that the award of certain types of contracts shall be based on the most economically advantageous tender and the principle of cost - effectiveness and adequate quality , in line with the arrangements set out in paragraph 1 and paragraph 2 .


### in the case referred to in point of paragraph 1 , the contracting entity shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### in the case referred to in paragraph 1 , the contracting entity shall specify the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender .


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations , transfer of capital or assets , insolvency or on the basis of a contractual clause , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive .


### the court of justice of the european union finds , in a procedure under article 258 of the treaty , that a member state has failed to fulfil its obligations under the treaties due to the fact that a contracting entity belonging to that member state has awarded the contract in question without complying with its obligations under the treaties and this directive . ### the court of justice of the european union finds , in a procedure under article 258 of the treaty , that a member state has failed to fulfil its obligations under the treaties due to the fact that a contracting entity belonging to that member state has awarded the contract in question without complying with its obligations under the treaties and this directive , subject to the right of compensation of the contractual partner .


### member states shall ensure that contracting entities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting entities may take into account the need to ensure universal access , quality , continuity , accessibility , affordability , availability , safety and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service .


### providing legal advice to contracting entities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases ; ### providing general and specific legal advice and practical guidance to contracting entities on the interpretation and on the application of public procurement rules and principles ;


### establishing and applying comprehensive , actionable ' red flag ' indicator systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest and other serious irregularities ; ### establishing and applying comprehensive , actionable ' red flag ' indicator systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest or any irregularities ;


### contracting entities shall keep appropriate information on each contract , framework agreement and each time a dynamic purchasing system is established . this information shall be sufficient to permit them at a later date to justify decisions taken in connection with : ### contracting entities shall keep appropriate information on each contract , framework agreement , where these are above the thresholds , and each time a dynamic purchasing system is established . this information shall be sufficient to permit them at a later date to justify decisions taken in connection with :


### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting entities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting entity can obtain competent assistance and advice on individual questions . ### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting entities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting entity can obtain competent assistance and advice on individual questions . special attention and increased support should be provided in this respect to local authorities , and particularly to small local authorities .


### with a view to improving access to public procurement for economic operators , in particular smes , and in order to facilitate correct understanding of the provisions of this directive , member states shall ensure that appropriate assistance can be obtained , including by electronic means or using existing networks dedicated to business assistance . ### with a view to improving access to public procurement for economic operators , in particular smes , and in order to facilitate correct understanding of the provisions of this directive , the commission and the member states shall ensure that appropriate and timely information and assistance can be obtained , including by electronic means or using existing networks dedicated to business assistance .


### member states shall assess whether the applicable ex ante conditionalities are fulfilled . ### member states shall assess whether the applicable ex ante conditionalities are fulfilled . ex ante conditionalities shall not apply unless they are directly linked to implementation of the funds .


### where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework , the commission may suspend all or part of an interim payment of a priority of a programme in accordance with the procedure laid down in fund - specific rules . ### where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework , the commission may ask the member state to put forward proposals for changes to the programmes concerned . if the member state fails to respond to this request or to make a satisfactory response thereto within three months , the commission may suspend all or part of a commitment for a priority of a programme in accordance with the procedure laid down in fund - specific rules .


### an operational programme shall consist of priority axes . a priority axis shall concern one fund for a category of region and shall correspond , without prejudice to article 52 , to a thematic objective and comprise one or more investment priorities of that thematic objective , in accordance with the fund - specific rules . for the esf , a priority axis may combine investment priorities from different thematic objectives set out in article 9 , , and in order to facilitate their contribution to other priority axes , in duly justified circumstances . ### an operational programme shall consist of priority axes . in duly justified circumstances , a priority axis may cover one or more categories of region and combine complementary investment priorities from different thematic objectives and from several funds , in accordance with the specific rules governing the funds concerned .


### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social conditions . it should contribute moreover to increased productivity , a fair standard of living for the fisheries sector , stable markets , ensure the availability of resources and that supplies reach consumers at reasonable prices . ### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social conditions . it should contribute moreover to increased productivity , a reduction in imports of fishery and aquaculture products into the european union , a fair standard of living for the fisheries and aquaculture sector , stable markets , ensure the availability of resources and that supplies reach consumers with good quality and at reasonable prices .


### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social conditions . it should contribute moreover to increased productivity , a fair standard of living for the fisheries sector , stable markets , ensure the availability of resources and that supplies reach consumers at reasonable prices . ### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social conditions . it should contribute moreover to increased productivity , a better standard of living and better working conditions for the fisheries sector , stable markets , ensure the availability of resources and that supplies reach consumers at reasonable prices .


### the union is a contracting party to the united nations convention on the law of the sea of 10 december 1982 and it has ratified the united nations agreement for the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 . it has also accepted the agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 november 1993 of the food and agriculture organisation of the united nations . these international instruments predominantly foresee conservation obligations , including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas , and to cooperate with other states to this end , obligations to apply the precautionary approach widely to conservation , management and exploitation of fish stocks , obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas . the common fisheries policy should contribute to the union ' s proper discharge of its international obligations under these international instruments . where member states adopt conservation and management measures , for which they have been empowered in the framework of the common fisheries policy , they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments . ### the union is a contracting party to the united nations convention on the law of the sea of 10 december 1982 [ 10 ] and it has ratified the united nations agreement for the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 [ 18 ] . it has also accepted the agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 november 1993 of the food and agriculture organisation of the united nations 19 . these international instruments predominantly foresee conservation obligations , including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas , and to cooperate with other states to this end , obligations to apply the precautionary approach widely to conservation , management and exploitation of fish stocks , obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate and regulated uses of the seas . the common fisheries policy should contribute to the union ' s proper discharge of its international obligations under these international instruments , promoting the worldwide adoption of these good practices in the interests of the sustainability of fishery resources and fair access to living aquatic resources for the world ' s fleets . where member states adopt conservation and management measures , for which they have been empowered in the framework of the common fisheries policy , they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments .


### it is important that the management of the common fisheries policy is guided by principles of good governance . those principles include decision - making based on best available scientific advice , broad stakeholder involvement and a long - term perspective . the successful management of the common fisheries policy also depends on a clear definition of responsibilities at union , national , regional and local levels and on the mutual compatibility and consistency of the measures taken with other union policies . ### it is important that the management of the common fisheries policy is guided by principles of good governance . those principles include decision - making based on best available scientific advice , broad stakeholder involvement and a long - term perspective . the successful management of the common fisheries policy also depends on a clear definition of responsibilities at union , regional , national and local levels and on the mutual compatibility and consistency of the measures taken with other union policies .


### it is important that the management of the common fisheries policy is guided by principles of good governance . those principles include decision - making based on best available scientific advice , broad stakeholder involvement and a long - term perspective . the successful management of the common fisheries policy also depends on a clear definition of responsibilities at union , national , regional and local levels and on the mutual compatibility and consistency of the measures taken with other union policies . ### it is important that the management of the common fisheries policy is guided by principles of good governance . those principles include decision - making based on best available specialist scientific advice for each area , broad involvement of all stakeholders and a long - term perspective the successful management of the common fisheries policy also depends on a clear definition of responsibilities at union , national , regional and local levels and on the mutual compatibility and consistency of the measures taken with other union policies .


### implementation of the common fisheries policy should take into account interactions with other maritime affairs as addressed by the integrated maritime policy , recognizing that all matters related to europe’s oceans and seas are interlinked , including maritime spatial planning . coherence and integration should be ensured in the management of different sectoral policies within the baltic sea , north sea , celtic seas , bay of biscay and the iberian coast , mediterranean and black sea sea basins . ### implementation of the common fisheries policy should take into account interactions with other maritime affairs as addressed by the integrated maritime policy , recognizing that all matters related to europe’s oceans and seas are interlinked , including maritime spatial planning . coherence and integration should be ensured in the management of different sectoral policies within the baltic sea , north sea , celtic seas , bay of biscay and the iberian coast , mediterranean , black sea , antilles , french guiana and indian ocean sea basins .


### rules in place restricting access to resources within the 12 nautical mile zones of member states have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of union waters . those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent . those rules should therefore continue to apply . ### rules in place restricting access to resources within the 12 nautical mile zones of member states have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of union waters , and the same results have been seen in the 100 nautical mile zone around the azores , madeira and the canary islands . those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent . those rules should therefore continue to apply .


### the objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi - annual approach to fisheries management , establishing as a priority multi - annual plans reflecting the specificities of different fisheries . ### the objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi - annual approach to fisheries management , establishing as a priority multi - annual , dynamic and tailored plans reflecting the specificities of different fisheries and different sea areas .


### multi - annual plans should where possible cover multiple stocks where those stocks are jointly exploited . the multiannual plans should establish the basis for fixing fishing opportunities and quantifiable targets for the sustainable exploitation of stocks and marine ecosystems concerned , defining clear timeframes and safeguard mechanisms for unforeseen developments . ### multi - annual plans should where possible cover multiple stocks where those stocks are jointly exploited . the multiannual plans should establish the basis for fixing fishing opportunities and quantifiable targets for the sustainable exploitation of stocks and marine ecosystems concerned , defining clear timeframes whilst making provision for adapting these timeframes to stock dynamics , and should cover and differentiate between segments of member state fleets fishing for these stocks , according to catch rates for the resources that are to be restored .


### for the sake of conservation of stocks clear objectives should be applied with respect to certain technical measures . ### for the sake of conservation of stocks and adaptability of fleets and fisheries , clear objectives should be applied with respect to certain technical measures .


### for stocks for which no multi - annual plan has been established , exploitation rates delivering maximum sustainable yield should be ensured by setting catch and / or fishing effort limits . ### for marketable stocks for which no multi - annual plan has been established , exploitation rates delivering maximum sustainable yield should be ensured by recommending progressive schemes based on sound scientific evidence .


### in view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing activities , it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among member states , based on a predictable share of stocks for each member state . ### in view of the precarious economic state of part of the fishing industry and the dependence of certain coastal communities on fishing activities , it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among member states , based on a predictable share of stocks for each member state .


### the commission should be able to adopt temporary measures in the event of a serious threat , requiring immediate action , to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities . ### the commission should be able to adopt temporary measures , on sound scientific grounds and taking into account the opinion of stakeholders , notably the advisory councils , in the event of a serious threat , requiring immediate action , to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities .


### member states should be able to adopt conservation measures and technical measures for the implementation of the common fisheries policy to allow for the policy to better address the realities and specificities of individual fisheries and to increase the adherence to the policy . ### member states should be able to adopt conservation measures and technical measures for the implementation of the common fisheries policy to allow for the policy to better address the realities and specificities of individual fisheries and to increase the adherence to the policy , acting on the principle of local management .


### member states should be able to adopt conservation measures and technical measures for the implementation of the common fisheries policy to allow for the policy to better address the realities and specificities of individual fisheries and to increase the adherence to the policy . ### management of the common fisheries policy should prove more efficient in a regionalised context , but under no circumstances should this entail renationalisation of the policy . to this end , and in accordance with article 19 of council decision 2009 / 937 / eu adopting the council ' s rules of procedure , regionalised fisheries working groups shall be set up which , on the basis of reports compiled by the advisory councils , will manage fishing activity for specific areas by means of stronger action by the member states involved in the fisheries for each area or fish population .


### data collection should include data which facilitate the economic assessment of undertakings active in the fisheries sector , in aquaculture and in the processing of fisheries and aquaculture products and of employment trends in these industries . ### data collection should include data which facilitate the economic assessment of all undertakings active in the fisheries sector , in aquaculture and in the processing of fisheries and aquaculture products , independently of their size , and of employment trends in these industries .


### sustainable fisheries agreements concluded with third countries should ensure that union fishing activities in third country waters are based on the best available scientific advice , ensuring a sustainable exploitation of the marine biological resources . those agreements , which provide for access rights in exchange for a financial contribution from the union , should contribute to the establishment of a high quality governance framework to ensure in particular efficient monitoring , control and surveillance measures . ### sustainable fisheries agreements concluded with third countries should ensure that union fishing activities in third country waters are based on the best available scientific advice , ensuring a sustainable exploitation of the marine biological resources . those agreements should contribute to the establishment of a high - quality governance framework to ensure in particular efficient monitoring , control and surveillance measures .


### aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the union so as to guarantee long - term food security for european citizens and to contribute to the growing world aquatic food demand . ### aquaculture should contribute to the expansion of the food production potential on a sustainable basis throughout the union so as to guarantee long - term food security for european citizens , to reduce imports of fishery and aquaculture products into the european union and to contribute to the growing world aquatic food demand .


### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector ; the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed in the union , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain . ### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for administrative simplification in support of better management of production and marketing activities of the sector . as regards marketing , it is essential to harmonise the rules governing payments to producers in the eu at 30 days from the date on which products are delivered . the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed in the union , with a label differentiating community from imported products , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain .


### the common market organisation should be implemented in compliance with international commitments of the union , in particular with regard to the provisions of the world trade organisation . the success of the common fisheries policy requires an effective system of control , inspection and enforcement , including the fight against iuu fishing activities . a union system for control , inspection , and enforcement should be established so as to ensure compliance with the common fisheries policy ' s rules . ### the common market organisation should be implemented in compliance with international commitments of the union , in particular with regard to the provisions of the world trade organisation . the success of the common fisheries policy requires an effective system of control , inspection and enforcement , including the fight against iuu fishing activities . existing legislation in this area should be implemented effectively and a union system for control , inspection , and enforcement should be established so as to ensure compliance with the common fisheries policy ' s rules .


### the use of modern technologies should be promoted in the framework of the union system for control , inspection , and enforcement . member states or the commission should have the possibility to conduct pilot projects on new control technologies and data management systems . ### the use of modern and effective technologies should be promoted in the framework of the union system for control , inspection , and enforcement . member states or the commission should have the possibility to conduct pilot projects on new control technologies and data management systems .


### the objectives of the common fisheries policy cannot be sufficiently achieved by member states given the problems encountered in the development of the fishing industry and its management , and the limits on the financial resources of the member states . therefore , multiannual union financial assistance focused on the priorities of the common fisheries policy should be granted to contribute to the achievement of those objectives . ### the objectives of the common fisheries policy cannot be sufficiently achieved by member states given the problems encountered in the development of the fishing industry and its management , and the limits on the financial resources of the member states . therefore , multiannual union financial assistance focused on the priorities of the common fisheries policy and tailored to the specific features of the fishing industry in individual member states should be granted to contribute to the achievement of those objectives .


### union financial assistance should be made conditional upon compliance by member states and operators with the common fisheries policy . thus such financial assistance should be interrupted , suspended or corrected in cases of non - compliance with the rules of common fisheries policy by member states and serious infringements of those rules by operators . ### union financial assistance should be made conditional upon compliance by member states and operators with the common fisheries policy . thus such financial assistance should be interrupted , suspended or corrected in cases of proven non - compliance with the rules of the common fisheries policy by member states and serious infringements of those rules by operators , and the parties concerned should be guaranteed proper rights , both to be heard and as regards defence .


### union financial assistance should be made conditional upon compliance by member states and operators with the common fisheries policy . thus such financial assistance should be interrupted , suspended or corrected in cases of non - compliance with the rules of common fisheries policy by member states and serious infringements of those rules by operators . ### union financial assistance should be made conditional upon compliance by member states and operators with the common fisheries policy . thus such financial assistance should be interrupted , suspended and corrected in cases of non - compliance with the rules of common fisheries policy by member states and serious infringements of those rules by operators .


### dialogue with stakeholders has proven essential for the achievement of the objectives of the common fisheries policy . taking into account the diverse conditions throughout union waters and increased regionalisation of the common fisheries policy , advisory councils should enable the common fisheries policy to benefit from the knowledge and experience of all stakeholders . ### dialogue with stakeholders has proven essential for the achievement of the objectives of the common fisheries policy . taking into account the diverse conditions throughout union waters and the desirable increased regionalisation of the common fisheries policy , advisory councils should be strengthened and enable the common fisheries policy to benefit from the knowledge and experience of all stakeholders .


### general objectives ### objectives


### specific objectives ### objectives


### broad involvement of stakeholders at all stages from conception to implementation of the measures ; ### broad involvement of stakeholders at all stages from conception to implementation of the measures and immediate access to the results thereof ;


### – ‘ union waters’ means the waters under the sovereignty or jurisdiction of the member states with the exception of the waters adjacent to the territories listed in annex ii to the treaty ; ### – ‘ union waters’ means the waters and the seabed under the sovereignty or jurisdiction of the member states with the exception of the ones adjacent to the territories listed in annex ii to the treaty ;